[WSBAPT] WA ancillary probate for CA domiciliary probate

Jayne Gilbert jgilbertatty at gmail.com
Tue Jul 20 23:26:14 PDT 2021


That's interesting because I am currently helping
to administer an Ancillary Probate right now.
(Montana Rez/RP WA)
Hmmmmm.

On Tue, Jul 20, 2021 at 12:34 PM Mark Vohr <mcv at ohanafc.com> wrote:

> 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
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> Mark C. Vohr, J.D., CPG, Principal
>
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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
>
> CMS Law Firm LLC
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-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
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