[WSBAPT] Multiple Probates for Same Decedent in Washington

[Bruce Moen]

I see this as a jurisdictional issue.  Once the court acquires jurisdiction, that jurisdiction is exclusive.  This happens in divorces and probates.  I'd also move to dismiss.

See Seattle Seahawks v. King County, 128 Wn.2d 915, 913 P.2d 375 (1996) (holding that the action first filed acquires exclusive jurisdiction).

  Bruce Moen

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Thursday, September 9, 2021 4:23 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Multiple Probates for Same Decedent in Washington

I had one years ago that were consolidated (in county where first was filed) after two were opened. The first, opened by the surviving spouse, the second filed by the adult separate child. The Court kept on two administrators, spouse for CP and child for SP.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Thomas Hackett
Sent: Thursday, September 9, 2021 3:48 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Multiple Probates for Same Decedent in Washington

Colleagues-

Interested to know how others have handled having a 2nd probate opened in the state of Washington for the same decedent. 2nd probate is in a different county. I've searched prior listserv discussions and haven't seen this come up before. I believe the 1st probate filed is the proper case for any objections to be filed into and the 2nd probate should be dismissed. What have others done in a situation like this?

[uc%3fexport=download&id=1yZcGlfhsBgENylLMu3egnITqpL_Rjqw3&revid=0B7QFhV8A7-WsWG41Rm5VbnB0SVFjbXp2NUZPaCtDOUhaZFY0PQ]
 Thomas A. Hackett
 Attorney
 nwlegacylaw.com<http://nwlegacylaw.com> | 360-975-7770



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