[WSBAPT] question regarding TEDRA and PROBATE

[Jenna Brozik]

Hello list mates,

I have a case where a TEDRA action has commenced but there has been no
probate action.
The deceased has a Living Trust and a Community Property Agreement so it is
my understanding at this time that there are no assets subject to probate.

However, the funeral expenses have not been paid and there are several
creditors out there that have not been paid by the Estate. There also may
be real property that is still in decedent's name and not in the surviving
spouse's name that may need to be transferred in her name via the Community
Property Agreement.

Does a probate need to be opened in the TEDRA action to deal with the
creditors?
Usually a probate action is opened first and then a TEDRA action commences
but this is a different situation. Any comments would be appreciated.

Thanks,
Jenna Brozik
Attorney at Law
Prinz & Brozik PLLC
445 S Grand Ave
Pullman, WA 99163
(509)338-0908 / (509) 338-3527 (fax)
jennaprinzlaw at gmail.com
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