[WSBAPT] Spill Over Probate?

[Sara D. Longley]

Sounds like a discussion directly with the IA attorney is called for.



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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ryan Castle
Sent: Friday, February 6, 2026 10:50 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Spill Over Probate?

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<mailto: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
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Goertz & Lambrecht PLLC
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On Feb 6, 2026, at 10:34 AM, Ryan Castle <ryan at ryancastlelawfirm.com<mailto: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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