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

[Lewis, Amy C.]

How large are the estates?  Are there estate tax considerations?  I have handled this type of situation several times and would be happy to discuss.


Amy Lewis, Attorney
Pronouns she/her/hers
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909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of msafren at jennylinglaw.com
Sent: Sunday, August 20, 2023 3:48 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Probate within a Probate - Questions on the mechanics & logistics

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: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
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