[WSBAPT] Commencing Joint Probate for H & W Estates where Wills Already Filed

[Mark Anderson]

Before directly addressing your scenario, I have some questions:
Who died first and how much time passed before the other spouse died?
Is there a limitation in either will such as "... provided that s/he survives me by X number of days"?
Are the wills reciprocal?
Was title held as "husband-and-wife," as tenants-in-common, or jointly?

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Tuesday, September 2, 2025 3:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Commencing Joint Probate for H & W Estates where Wills Already Filed

Colleagues,

I am commencing probate to clear title to real property owned by H & W (both deceased).  The property is the sole asset and the property will be transferred to three beneficiaries  (the three children of H & W).   H & W's Wills were filed in Pierce County Superior Court in 2024.  Ordinarily, I would file a petition under the Cause No. for the Will that was filed.  It doesn't make sense to do two separate probates in this instance.  Can I file a petition under the Cause No. for W's Will, for example, and reference H's Will by separate Cause No.?  Has anyone done this in Pierce County?

Thanks,

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Inge A. Fordham | Attorney
Fordham Law, PLLC
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Office: (253) 348-2657 | Fax: (253) 276-0280
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