[WSBAPT] Different PR for ancillary probate?

Randolph Petgrave RandGrave at msn.com
Tue Sep 15 10:22:46 PDT 2020


Listmates,

I wanted to get some input from the brain trust on this.  Facts:  Decedent is a resident of Arizona and is survived by a wife and two adults sons from a prior marriage.  Decedent owns separate property (real estate) in Washington State, where his sons live.  Decedent dies intestate.  No probate has been started in either state.

Son wants to know if he can start (what would otherwise be the ancillary) probate in Washington to start disposing of the house, without owning the whole probate process in Arizona as well.  I guess my question is can he be PR in Washington, and let the surviving spouse be PR in Arizona if she chooses to probate there?

Relationships are good, so getting SS consent won't be a problem, and they understand intestate succession means the sons only get ½ of the separate property.

Thanks for your collective help.
Randy


Petgrave & Petgrave, PLLC

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