[WSBAPT] WA ancillary probate for CA domiciliary probate

[Mark Vohr]

Suzanne – Washington does not really have an ancillary probate proceeding.  An ancillary probate in Washington is administered just like any other probate in Washington.  Subject to the same rules, etc.  If you are entitled to NI powers, then you have to qualify for them under Washington law.  In your case, you have one piece of real property that is subject to administration in the State of Washington and which gives Washington in rem jurisdiction over that asset.

Regards,

Mark

Ohana Fiduciary Corp.
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
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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 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
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