[WSBAPT] WA ancillary probate for CA domicilary probate

[Candace Wilkerson]

Hi Suzanne,

I’m also a CA attorney.  Your plan sounds reasonable to me; the IAEA is definitely very similar to nonintervention probate here.

I’m surprised the CA court allowed the probate to be closed before the ancillary probate was done.

Best,
Candace Wilkerson



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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Tuesday, July 20, 2021 2:24 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] WA ancillary probate for CA domicilary probate

Hello,

We are opening an ancillary probate for a client whose mother also left property (1 house) in WA subject to probate. The CA domiciliary probate was already opened (and recently closed).

Since CA does not have non-intervention powers, should we cite the Independent Administration of Estates Act, and full authority as was granted in the original Order for probating the will in California, and mention the no bond requirement, but not go so far as to say that these are "equivalent" to non-intervention powers?

I know that WA courts must admit the will if accepted in the domiciliary jurisdiction, and I was going to mention this in the Will section. Any other tips would be helpful - thanks.
 .
Best,

Suzanne Lieberman
CMS Law Firm LLC<https://url.emailprotection.link/?bLz7MMSMG_hhOobI9daT7h2mv1FRKzA7DnLPzyTckBWzBfC49Aoa0OjM1qfjfoU_eaqHj-EXmFsicV6-3ojqzKw~~>
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