[WSBAPT] Need Feedback RE "Double" Probate

Mon Jun 1 10:12:34 PDT 2026

Here in Clallam County we file dual probates all the time.  Its never been an issue.  It’s done to clear title to the home.  Quite often a surviving spouse does nothing after the first spouse passes.  Our judges understand that.

Jeff Davis

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of James Dolan
Sent: Monday, June 1, 2026 9:09 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Need Feedback RE "Double" Probate

In this instance, I am not worried about creditor claims.

My question is, simply, has anyone ever filed a probate for both spouses?  If yes, have you ever had such a pleading refused?  If so, did the court state a reason for refusing?

Thank you,

Jim Dolan

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Ryan Castle
Sent: Monday, June 1, 2026 7:02 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Need Feedback RE "Double" Probate

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 <mailto: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 <mailto: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 <mailto: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

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