[WSBAPT] Question

[Diane J. Kiepe]

Mike,

A challenging question for sure and I think best answered by an Oregon Attorney because, if I am not mistaken, Oregon’s Ancillary probate (unlike ID and similar to Washington) requires a process that mirrors a residence’s probate.  So, if that is the case, it may be better to have it handled there and not run what basically will amount to 2 probates.

I’ll be watching for someone who actually practices there to chime in (😉)as I’m going from memory of a probate matter I was involved in last year with similar facts but a whole lot more assets.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mike Zeno
Sent: Wednesday, November 3, 2021 4:36 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Question

Dear Listmates—

I am about to display my ignorance.  Would like advice on best way to handle this situation:

Mom dies in Washington.  Only significant asset a half interest in a house in Portland as tenant in common with one of her six children.  No will.  Each of the 6 children will therefore inherit 1/6 of her ½ interest in the house.  But, at the moment no conflict.  Kids might decide to sell the house, or one kid might buy others out, or whatever.

The question is:  what is the most streamlined way to deal with the house?  Do a probate in Oregon, with Washington intestacy law as the governing law?  Probate in Washington (which would be most convenient) and some truncated procedure to dispose of Oregon house?  (I’ve found this process to be really easy in Colorado and Idaho.)  Is there a way to do this without probate?

Thanks in advance for your thoughts,

Mike

The Law Office of G. Michael Zeno, Jr., P.S.
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