[WSBAPT] Probate within a Probate - Questions on the mechanics & logistics

msafren at jennylinglaw.com msafren at jennylinglaw.com
Sun Aug 20 15:47:59 PDT 2023


Hello Fellow Practitioners,

 

I have a situation that I wanted to get your input and guidance as to handle
a probate within a probate.  

 

Basically, the sole beneficiary of an estate (surviving spouse) passed away,
while in the process of administering an estate of a spouse.  The
beneficiary's children have opened probate for their recently deceased
parent, but now we seem to have a probate within a probate. 

 

One of the decedent's children was already the personal representative of
the original probate for the initially deceased parent and the same child
has now been appointed as the personal representative for the now later
deceased parent so they are the personal representative for both estates.
The beneficiaries of the second or later probate are the same or successor
beneficiaries of the initial probate, now that the beneficiary has passed
away. 

 

I have a couple of quick questions and seek input on the mechanics of
administering the initial or first probate since the sole beneficiary has
passed:

 

*	Is any new notice to the new estate beneficiaries due now that the
beneficiary has passed away?
*	For distributing estate assets of the initial probate such as stocks
and financial accounts that need to be re-titled from the initial probate -
can they simply be re-titled to the new estate beneficiaries?  Similarly,
can the estate assets simply be directly distributed to the ultimate
beneficiaries in the later probate? 
*	For closing the initial probate, would the new beneficiaries or
successor beneficiaries be able to sign receipts and waivers for closing the
probate? 

 

 

Thanks so much for your input and guidance!

 

Kind regards,

 

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
 
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