[WSBAPT] Need Feedback RE "Double" Probate

[Ryan Castle]

I don't do double probates for this reason. You never know what you're
going to get from the court because there is no authority on point either
way, that I am aware of. Sure, it is an extra filing fee, but worth
avoiding the risk of headache and more fees down the line to clean it up.
You could try lack of probate affidavit for spouse 1, but some title
companies have trouble with that. I just keep it clean and kosher with two
separate probates. I explain these options to my clients and they always
want to go the clean and kosher route to avoid risk.

On Sun, May 31, 2026 at 1:58 PM Diane Kiepe <diane at kiepelaw.com> wrote:

> Oh my - I have done it but I also completed two separate filings in one of
> my cases because of creditor claim issues.  I haven't received pushback to
> date but you never know what will come from the bench.
>
>
>
> Diane Kiepe
> Kiepe Estate and Probate, PLLC
> diane at kiepelaw.com
> 200 N. Mullan Rd., Suite 203
> Spokane Valley, WA  99206
> 509-280-6414
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>
> On Sun, May 31, 2026 at 12:07 PM James Dolan <jbdolan at jbdolan.com> wrote:
>
>> I’m recalling that this topic has been discussed some time ago on this
>> listserv:
>>
>>
>>
>> Spouse 1 dies intestate.  All finances are jointly owned or have Spouse 2
>> named as Beneficiary.  Their house is jointly owned Community Property.
>> Spouse 1 has no children.  No probate.  Spouse 2 goes on living for another
>> 7 years.
>>
>>
>>
>> Spouse 2 dies testate.
>>
>>
>>
>> We attempt to open probate in the name of both Spouse 1 and Spouse 2 for
>> the purpose of having PR appointed to sell the house.  I have done this
>> 10-12 times over the past 20 years with no problem.  Until last Friday.
>> Judge says judge has conducted judge’s own research and cannot find any
>> legal authority that allows a double probate.  I ask the judge if the judge
>> has found any legal authority that prohibits it.  Nope. I inform the judge
>> that I have done this several times.  Judge says “Because ‘you’ve done it
>> before’ doesn’t mean it is appropriate.”
>>
>>
>>
>> Another attorney who is present on a different matter graciously attempts
>> to rescue me, spontaneously approaches the bench and informs the court, on
>> the record, that this attorney has also done research on this question, has
>> found no case law or statutes on point, and further informs the court that
>> she also has done several double probates with no problem.
>>
>>
>>
>> I ask the judge what alternatives the judge thinks would be appropriate.
>> The judge says that the PR can do a Lack of Probate Affidavit to convey the
>> real property from Spouse 1 to Spouse 2.  I ask the judge what would be the
>> benefit of doing it that way.  (Full disclosure – at this point I may have
>> sounded a bit irritated.)  Judge ignores my question and calls the next
>> case.
>>
>>
>>
>> My questions for all of you smarter than me people:
>>
>>
>>
>>    1. Have any of you done this before?
>>    2. If so, have you ever encountered resistance from the bench?
>>
>>
>>
>> Thanks for your thoughts.
>>
>>
>>
>> Jim Dolan
>>
>>
>>
>> =========================
>>
>>
>>
>> Jones Butler Dolan, PS
>>
>> P.O. Box 458
>>
>> 10027 SR 532
>>
>> Stanwood, WA 98292
>>
>> (tel) 360-336-2939
>>
>> (fax) 360-336-2949
>>
>>
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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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