[WSBAPT] Ancillary Probate when a Will has already been admitted in another state

[msafren at jennylinglaw.com]

Hello All,

 

I had a quick question and I appreciate any and all input. 

 

A client needs to open ancillary probate here in Washington due to the
decedent owning some real estate within the state.  Probate was already
opened in another state and a will has been admitted to probate.

 

I understand that I'll need to present an exemplary will and proof of its
admission in the other state  for the court to admit the foreign will per
RCW 11.20.090, however I'm a little uncertain how to do this and the best
way to proceed.

 

In my experience the court will reject any electronic filing of a will.  My
thought was to present the will as an Exhibit to the petition along with the
letters testamentary and the signed order admitting the will to probate from
the outside state (but not file them with the Court separately).  Then in
the order to open the ancillary probate in Washington include that the
Exemplary Will is admitted to probate in Washington in satisfaction of RCW
11.20.090.  

 

Does anyone with more experience with ancillary probates have any input or
suggestions?  If you have a better way of approaching this, please let me
know.  I'll be happy to implement your process instead.

 

Thanks very much, I appreciate all input and guidance.  

 

Kind regards, 

Michael S. Safren, Esq. 
Attorney at Law 



 
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