[WSBAPT] Ancillary probate necessary to get real property to out-of-state deceased beneficiary's heirs?

[mike at winslegal.com]

If the WA probate is still open and the asset is real property, then the PR
should be able to issue a deed. The question is to whom should the deed
issue? It seems to me that if the intestate heirs of DB instruct the PR in
the WA probate to make a direct transfer to the intended recipient out of
the WA probate, then you could bypass doing a probate in OH.

Not sure why you think a QCD is required, if the DB never took title to the
property. Some facts are missing here.

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Colleen LaMotte
Sent: Tuesday, January 19, 2021 2:05 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Ancillary probate necessary to get real property to
out-of-state deceased beneficiary's heirs?

 

Hello Probate People,

 

Deceased Beneficiary (DB) of a WA probate died intestate in OH before
signing QCD and REETA for her share of only asset in the probate.  DB has
two heirs in MN.  DB's share of WA asset was less than $10k.  I am thinking
we need an ancillary probate in OH to get the property to the two heirs in
MN, but I am hoping I am overthinking this and the transfer can be to the
two MN beneficiaries as part of the WA probate.  Thoughts?

 

Thank you in advance for any help.

 

Best,

 

Colleen M. LaMotte

Pronouns: she/her/hers

LAMOTTE LAW PLLC

Principal Attorney

Estate Planning | Probate | Guardianship | Trust and Estate Litigation

P: 425.610.9704

E:   <mailto:colleen at lamottelaw.com> colleen at lamottelaw.com

A:  1752 NW Market St., #418, Seattle, WA 98107

 

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