[WSBAPT] Dueling Probates

[Eric Nelsen]

I can't cite a case but I think the first order entered wins. Or perhaps first PR who actually qualifies (files oath, bond, etc.) and gets letters issued. I do not think the date of filing the petition matters.

I think the general idea is that the Superior Court is all one statewide thing, and county/venue is a secondary consideration, so the act of a Superior Court judge anywhere in the state has to be respected by judges sitting elsewhere in the state, which makes the appointment of the second PR redundant/unnecessary.

But I would look at whether one venue could be forced under RCW 11.96A.050, and also make sure all notices and other procedures were followed to the letter, before conceding.


Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John Sullivan
Sent: Wednesday, May 7, 2025 4:06 PM
To: wsbapt at lists.wsbarppt.com; KCBA Real Property, Probate and Trust Law Discussion List <rppt-kcba at info.kcba.org.kcba.membercentral.org>; KCBA Guardianship and Elder Law Discussion List <guardianship-kcba at info.kcba.org.kcba.membercentral.org>
Subject: [WSBAPT] Dueling Probates

Listmates:

Does anybody know any case law on this?

If two parties file a Petition for appointment of an administrator in two different counties, which prevails? Is it the one that FILES first? Or the one where the ORDER IS ENTERED first?




Best regards,

John J. Sullivan

Attorney



Lyons | Sullivan

10655 NE 4th Street, Suite 704

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425*451*2400 tel 425-451-7385 fax

www.dljslaw.com<http://www.dljslaw.com/>



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