[WSBAPT] WA ancillary probate for CA domicilary probate

[Josh Grant]

My understanding is that we don’t have any “anciallary probate” here.  Just get a certified copy of the Will from the other court, and do a simple probate with non-intervention.  Assuming the will doesn’t prevent non-intervention.
Josh

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Suzanne Lieberman 
Sent: Tuesday, July 20, 2021 11:24 AM
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
811 Kirkland Ave. Suite 201 (please note new address!)

Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).


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