[WSBAPT] Does Washington have jurisdiction?

[Eric Nelsen]

Weird--what does it take to "officially" change one's address to Florida? It seems strange to me that Florida won't take jurisdiction-I take it there is no FL real property held in decedent's name?

I think that the Kitsap Bank account is enough of a Washington asset to allow a probate here, even if decedent is domiciled in Florida and died in Florida. See RCW 11.96A.040(1)(c)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.040>. Since "ancillary" in Washington is no different from a full probate, the PR should also be able to access all the nationwide bank accounts as well.

But is a probate needed? I guess it depends on whether the banks will honor the "assignment" of their accounts to the Trust. If they do, then the successor Trustee should be able to access them without starting a probate. But if the banks refuse because their records don't show the accounts held in name of the Trust, then a probate probably will be needed.

Just a note, even if total assets are less than $100K I don't think the small estate affidavit process will work, because decedent wasn't a Washington resident. RCW 11.62.010(2)(b)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.62.010>.

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>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, September 7, 2022 9:45 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Does Washington have jurisdiction?

Listmates:

Decedent moved from Washington to Florida in May, 2022.  In Florida, Decedent executed a new pour-over Will and Living Trust under Florida law.  Decedent dies in July.  No real or personal property in Washington.  There is one account with Kitsap Bank; all other monies are with a nationwide bank.  The accounts are still in decedent's name, although he "assigned" them to his trust.  Successor Trustee lives in Ohio.  Apparently no Florida attorney will take the probate as Decedent had not officially changed his address to Florida.  Does Washington have jurisdiction to probate Decedent's estate?  Does there need to be a Washington (ancillary) probate for the one account?

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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