[WSBAPT] Need Feedback RE "Double" Probate

Mon Jun 1 09:25:53 PDT 2026

I was in Island County superior court a while back - I think it was last
year - when one of the judges rejected another attorney's petition to open
a double probate, on the basis that there is no statutory authority or case
law supporting it.

There may be a growing trend among judges to reject these. I wonder if they
have set up their own listserv. ;)

*Sarah O’Farrell McCarthy*

*(Pronouns: she / her)*Attorney*, Partner | Kelly, Arndt & Walker, Attorneys
at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)

* Licensed to practice in Washington (active) and California (inactive)
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On Mon, Jun 1, 2026 at 7:03 AM Ryan Castle <ryan at ryancastlelawfirm.com>
wrote:

> 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
>> Confidentiality Notice: This page and any accompanying documents contain
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>> addressee. This information is private and protected by law. If you are not
>> the intended recipient, you are hereby notified that any disclosure,
>> copying, distribution, or use of the contents of this information in any
>> manner is strictly prohibited.
>>
>>
>> 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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