[WSBAPT] Probate for Profit - Venue Issue

[Jayne Marsh Gilbert]

Yes, you can file in Snohomish County.

On Thu, Oct 22, 2026 at 2:29 PM Mark McClure <mark at mcclurelawgroup.com>
wrote:

> 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
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> Kent, WA 98032
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>
> Office:  253.631.6484 <(253)%20631-6484> (Leave Msg - Will be returned
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>
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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
>
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