[WSBAPT] Probate for Profit - Venue Issue

[Mark McClure]

Hi Darcie,



As all the time and rarely is there pushback.  Publication still needs to
take place in the county of residence.



*Mark C. McClure* *| *
*Managing Attorney *Law Office of Mark McClure, PS

*"Why Retire With Debt?"*1103 West Meeker Street, #101
Kent, WA 98032

Office:  253.631.6484 (Leave Msg - Will be returned within 24 hours)
Email: Mark at McClureLawGroup.com
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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Darcie Byrd
*Sent:* Thursday, October 22, 2026 2:26 PM
*To:* wsbapt at lists.wsbarppt.com
*Subject:* [WSBAPT] Probate for Profit - Venue Issue



Has anyone had success with opening a probate in a venue that is NOT that
same as the county of residence of an intestate decedent?



Sorry if this is long - I rarely do probates anymore and just for friends &
family really. I had missed all the lead up to the new probate law and now
I've rejoined this section because the changes have got me in a pickle!



My friend's aunt recently died intestate in Benton County. She was not
married and never had children. Most of her siblings predeceased her. Two
brothers are still living and some adult nieces and nephews who are heirs
to her modest estate. All are cooperative.

One brother, also residing in Benton County, is willing and able to serve
as PR. The other brother, who suffers from dementia and is not competent,
lives in Snohomish County. His son (my friend), also in Snohomish,
has durable power of attorney. I am also located in Snohomish County and
have been retained to represent the Benton County brother, petitioner to be
appointed PR of Aunt's estate.



Unaware of recent changes to the law, and fully armed with a petition,
death certificates, signed waivers, etc., I filed and paid the Snohomish
County Clerk, then proceeded to the Commissioner - as per usual.

Commissioner was kind to me, even took a recess to go over my documents to
see if there was any way to grant the petition. No luck.



The family would like for me, the attorney they know, to handle everything
court-related. They all support Brother being appointed as PR. If there's
any way to establish venue in Snohomish County, I would prefer to file an
amended petition and go about business there.

Any ideas? Or must I file in Benton County (and pay all over again)?



Thank you,



Darcie Byrd

Attorney at Law

Cell: 206-949-8145 <(206)%20949-8145>

Email:darciebyrd at gmail.com

Mailing address: 11921 99th Ave. NE, Arlington, WA 98223
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