[WSBAPT] Ancillary but not ancillary probate question

[Sarah J. Dion]

Happy Friday, listmates! I tried to hook you with that ridiculous subject line!

I've got a new client who contacted me as PR of an estate to start an ancillary probate in King County. The main probate is in Texas, where the Decedent left property, and where his extended family (including the PR) all lives. The TX court, upon discovering that this individual owned real property in the State of WA, instructed the PR to open an ancillary probate here. But it turns out decedent lived in King County, WA, not in TX, and had for some extended period of time before his death.

The best idea I can come up with is to open an ancillary probate here, and explain the situation in the petition, along with a proposed order opening the probate as ancillary but with instructions to change which probate is ancillary and which is not. I have not yet had an opportunity to speak with counsel in TX.

Anyone been here before?

Thank you in advance for any brainstorming, solutions, ideas, etc!

Sarah Jael Dion
PRINCIPAL
skellenger bender
TRUST AND ESTATE PRACTICE
Estate Planning | Probate

PHONE 206.623.6501 | FAX 206.447.1973
sdion at skellengerbender.com |<mailto:sdion at skellengerbender.com%20%7C>www.skellengerbender.com<http://www.skellengerbender.com/>
1301 Fifth Ave., Suite 3401 | Seattle, WA 98101
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