[WSBAPT] Ancillary but not ancillary probate question

Fri Feb 19 10:22:08 PST 2021

In Washington, even though it is called ancillary, it is really the same as a primary probate.  I don't think it matters to WA courts the title and would open probate and inform the court of the other probate in TX which should now be considered ancillary to WA.  Previously I received this research from other attorneys and saved it:

There is no difference between a primary and an ancillary probate. Typically, a probate in the state of domicile is considered "primary," or the state where the most property is would be "primary," but legally speaking, the PR in each state operates completely independently from the other in terms of authority. To open an ancillary probate, you just follow the same rules as for any other probate, but it is important (I think) to disclose to the court that a probate has been opened in a different state, that the decedent is NOT domiciled in that other state as previously thought.

If the original Will is on file at the court in Texas, you will need an exemplified copy of the Will and its Order of Admission. RCW 11.20.090.

The primary probate of a will generally lies with the court of the state and county in which the decedent was domiciled. Estate of Tolson, 89 Wn.App. at 31 (citing In re Estate of Stein, 78 Wn.App. 251, 261, 896 P.2d 740 (1995)). Ancillary probate may lie in any state in which the property the decedent has a situs. Id. (citing Hatch v. United States, 29 F.2d 213 (N.D.N.Y. 1928)).

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com

As we face the challenges presented by COVID-19, we have limited staffing in the office to maintain critical functions. Attorney/client meetings will be handled by teleconference or virtually whenever possible.  Be assured that we will continue to advise & support our clients throughout this health emergency.  If you would like to set a telephone conference, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or dara at glgmail.com<mailto:dara at glgmail.com>.

Please be advised, we are requiring all clients with scheduled appointments coming in, as well as our staff, to be prepared to wear a face mask or adequate covering during all in office interactions.

LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[cid:image001.png at 01D706A9.12E44B30]  [Rated by Super Lawyers] <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=>        [cid:image003.jpg at 01D706A9.12E44B30]  [No alt text provided for this image]

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah J. Dion
Sent: Friday, February 19, 2021 9:57 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Ancillary but not ancillary probate question

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
Pronouns:  she/her
NOTICE:  This communication and the information contained within, along with any items attached as an enclosure, are privileged and confidential.  This communication is intended solely for the use of the individual(s) named above.  If you are not one of the intended addresses or you believe you may have received this communication in error, you are hereby notified that any consideration, dissemination or duplication of this communication is strictly prohibited.  In addition, you shall not print, copy, retransmit, disseminate, or otherwise use this information in any form without first receiving specific written permission from the author of this communication.  If you have received this communication in error, please reply to the sender indicating that fact and delete this message from your system immediately.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210219/6f56434b/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 5410 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210219/6f56434b/image001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 1524 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210219/6f56434b/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 3112 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210219/6f56434b/image003.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 3824 bytes
Desc: image004.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210219/6f56434b/image004.jpg>