[WSBAPT] Spill Over Probate?

[Ryan Castle]

Amy,

The ancillary probate is what I was thinking the PC was referring to, which
makes the most sense. But the PC was quite clear that her IA attorney said
the WA attorney does everything in IA and there is no need for the IA
attorney to do anything. That is why it sounded odd. I will chalk this up
to the PC not knowing what they are talking about.

On Fri, Feb 6, 2026 at 10:42 AM Amy Goertz <amyjgoertz at icloud.com> wrote:

> I recently did something along this line with an estate that had property
> in Washington and Texas.
>
> We did a standard probate here in Washington, and the Texas attorney then
> filed certified copies of our probate documents there in Texas to do a deed
> transfer there.
>
> He said the probate process in Texas was complicated, but if it was an
> ancillary (which I assume “spill over” is the same thing) then all they
> needed was the Washington paperwork.
>
> Since we had Texas counsel, we were not practicing law in the other
> jurisdiction.
>
> Hope this helps.
>
> Amy
>
>
>
> *Amy J. Goertz, J.D.*
> *Goertz & Lambrecht PLLC*
> amyjgoertz at icloud.com
>
> 1.888.926.2607 phone
> 1.877.684.1627 fax
>
> Address for correspondence:
> 2829 S. Grand Blvd., Suite 303
> Spokane, WA 99203
>
> Additional office locations:
> 510 Bell Street
> Edmonds, WA 98020
>
> Goertz & Lambrecht PLLC
> www.goertzlambrecht.com
>
>
>
>
>
>
>
> On Feb 6, 2026, at 10:34 AM, Ryan Castle <ryan at ryancastlelawfirm.com>
> wrote:
>
> All,
>
> I just spoke with a potential client wanting a "spill over probate"
> because the estate has real estate in WA and IA. I have never heard of a
> spill over probate. The PC explained their IA attorney told them to start
> the probate in WA and then the WA attorney can apply to the IA court to do
> a spill over probate to administer the IA real estate. The PC said she has
> spoken with other WA attorneys who have experience with spill
> over probates. I just googled "spill over probate" and the internet seems
> to think the concept does not exist. Does anyone know what this PC could be
> talking about? If it exists, how does this actually work? and how do you
> avoid the 'practicing law without a license' issue in the non-WA state?
>
> --
>
> Ryan Castle
> Castle Law Firm, PLLC
> Managing Attorney
> T: 360-592-3504
> 1313 E. Maple St., Suite 790
> Bellingham, WA 98225
> https://ryancastlelawfirm.com/
>
>
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-- 

Ryan Castle
Castle Law Firm, PLLC
Managing Attorney
T: 360-592-3504
1313 E. Maple St., Suite 790
Bellingham, WA 98225
https://ryancastlelawfirm.com/
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