[WSBAPT] Multiple Probates for Same Decedent in Washington

[Thomas Hackett]

Thank you all for your responses. Much appreciated.


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




From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <eric at sayrelawoffices.com>
Date: Thursday, September 9, 2021 at 5:03 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Multiple Probates for Same Decedent in Washington
Ronald St. Hilaire FTW! I hadn’t realized the principle was codified.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ronald St. Hilaire
Sent: Thursday, September 9, 2021 4:28 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Multiple Probates for Same Decedent in Washington

Take a look at RCW 11.96A.050(5).


________________________________
Ronald F. St. Hilaire · Certified Elder Law Attorney
Liebler & St. Hilaire, P.S.
P.O. Box 6125 · Kennewick, WA  99336
602 N. Colorado St., Suite 124 · Kennewick, WA  99336
(509) 735-3581 office · (509) 735-3585 fax
rfs at licbs.com<mailto:rfs at licbs.com> · www.bentonfranklinlaw.com<http://www.bentonfranklinlaw.com/>
 [LieblerStHilaire_Color_PS_1]

Certification as Elder Law Attorney by the National Elder Law Foundation.  The Supreme Court of Washington does not recognize certification of specialties in the practice of law.  Certification is not required to practice law in the State of Washington.

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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 Roger Hawkes
Sent: Thursday, September 9, 2021 4:12 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Multiple Probates for Same Decedent in Washington

My advice is slightly different.  If one county is clearly a more appropriate venue, ie. Decedent worked and lived in Spokane county and the first probate was filed in King county and all rellies live in Spokane, none in King county, I think Spokane county is more appropriate venue and would move to consolidate King case into Spokane case.

Roger Hawkes, WSBA # 5173
Sky Valley Law
For incoming mail: Box 351, Sultan 98294
For in person visits: 423 Main, Sultan, WA 98294
Or other places to be arranged
206 367 5000
360 799 6438
Fax: 206 367 4005

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 Eric Nelsen
Sent: Thursday, September 9, 2021 4:02 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Multiple Probates for Same Decedent in Washington

I would move to dismiss the second probate. The court has discretion to refuse to commence administration when there appears to be no need for one. In re Peterson's Estate, 137 Wash. 137, 241 P. 964 (1926). Even after one has been commenced, the court may revoke the Administrator's Letters "for the sole purpose of ending an unnecessary administration." Murphy v. Murphy, 42 Wash. 142, 150, 84 P. 646 (1906). Clearly if an administration is already commenced, the second one is unnecessary.

Somebody might get clever with arguing which is the more appropriate venue—but I’d still stay that the first one commenced is the one to retain. Once jurisdiction is accepted by the court and a PR has been appointed, they should not be removed absence malfeasance or nonfeasance. Arguably, it’s the second PR who breached a duty, by failing to ascertain whether a probate had previously been commenced.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

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?

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 Thomas A. Hackett
 Attorney
 nwlegacylaw.com<http://nwlegacylaw.com> | 360-975-7770



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