[WSBAPT] California resident in MVA in WA and then dies in CA with no CA probate open

[Dalynne Singleton]

I have a client where the defendant was in a motor vehicle collision in WA but a resident of California.
Later, before the tort litigation is filed, this defendant dies in California and no probate is opened there.
I am going to open the Washington probate for the deceased defendant in the tort unless the family informs me California probate has been opened with Admin/PR appointed.

This will then allow for the Admin/PR in WA to accept service of tort litigation summons and complaint for the MVA.
I have done this for Florida and Texas deaths and MVAs for deceased defendants but not in California.
The last deceased defendant resident in California who died had opened probate in California with a PR appointed so no WA probate was necessary and I served the CA PR with the summons/complaint.

This one is different with no California probate.
Anyone have a different point of view on handling this way?

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.1717  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
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