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

[Philip N. Jones]

Exemplified, not exemplary.

Phil Jones

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of msafren at jennylinglaw.com <msafren at jennylinglaw.com>
Sent: Tuesday, February 6, 2024 7:16:44 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Ancillary Probate when a Will has already been admitted in another state


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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