[WSBAPT] WA ancillary probate for CA domicilary probate

Tue Jul 20 12:08:42 PDT 2021

I do not think it is necessary to cite to California law in your WA probate petition. RCW 11.20.090 just requires a certified copy of the Will and the Order Admitting the Will from that jurisdiction. The issue is validity of the Will, not whether the executor had nonintervention powers in that jurisdiction. RCW 11.20.100 requires the application of Washington law to foreign wills, which is another way of saying we don’t really have an ancillary probate process in Washington. Unfortunately I’ve always taken that to mean you are going to have to publish notice to creditors and wait out the 4 months here.
If it is just a house to transfer, you might ask a title company if they would insure the transfer via a lack of probate affidavit. Depending on the family situation, that might be the way to go. What I have done is a Lack of Probate Affidavit (you could also use a TEDRA Non-Binding Agreement as to who is receiving the property if there are multiple heirs and only one is taking it). And then buy an ALTA Homeowner’s Policy for the family member receiving the house. The Owner’s policy is priced on home value, but usually around $1,500 or so. Could be cheaper than a probate, and definitely faster since you would avoid publishing Notice to Creditors here. Depends on the family situation, and obviously if there is any contention, then just file the probate.

Best,
Nick

Nicholas Pleasants
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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Candace Wilkerson <cwilkerson at wongfleming.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Tuesday, July 20, 2021 at 11:48 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] WA ancillary probate for CA domicilary probate

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
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