[WSBAPT] Pushback on filing a joint probate. Authority needed, please.

Mon Jan 6 08:20:46 PST 2025

I’ve filed many joint probates in Skagit County. I had a Judge deny my petition years ago because the husband and wife’s Wills were not the same. I believe the husband had a different alternate PR than wife’s Will.

Based on that, my rule of thumb is if both spouses’ Wills are the same, or if no Wills as long as the intestate distribution scheme is the same, then you can file a joint probate. I agree with Dalynne that the overarching rule allowing for efficient administration of Estates is where the court gets authority to allow a joint probate.

Timothy C. Lehr
Attorney & Partner

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From: Dalynne Singleton <dalynne at glgmail.com>
Sent: Sunday, January 5, 2025 11:26 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Pushback on filing a joint probate. Authority needed, please.

In WA, the relevant authority is generally found in the broader probate laws and practices of Washington State, which allow for the efficient administration of estates, especially when dealing with community property.
I have opened joint probates for this very reason, like you.  Never had an issue in King or Snohomish counties for this practice.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow/The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>   Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Zack Hofstad
Sent: Sunday, January 5, 2025 11:14 AM
To: WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Pushback on filing a joint probate. Authority needed, please.

All,

Our firm has done dozens of these.  Last week, when trying to close one, a pro tem commissioner refused to close a joint probate on the basis that there's no legal authority for such a filing to exist.

We know of no authority prohibiting a joint probate, but also do not know of any authority explicitly authorizing them.

Any authority either way would be appreciated.  Thanks!

--
Zack Hofstad
Lacey Law Group, PLLC
1415 College St SE
Lacey, WA  98503
p:  360.491.6666
f:  360.456.3632

**This is a transmission from the law firm of Lacey Law Group, PLLC, and may contain information which is privileged, confidential, and protected by the attorney-client or attorney work product privileges. If you are not the addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this transmission in error, please destroy it and notify us immediately at our telephone number 360.491.6666.**
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