[WSBAPT] Probate for Profit - Venue Issue

[Eric Nelsen]

Your petitioner is decedent’s brother, correct? That should be fine to file in Snohomish County. He seeks appointment as a relative with priority under RCW 11.28.120(1)(b)(iii). Only petitioners seeking appointment under RCW 11.28.120(3) (the “any suitable person” section) are required to file in the county of the decedent’s residence.

See RCW 11.96A.050(4)<https://apps.leg.wa.gov/rcw/default.aspx?cite=11.96A.050>:

(4) Venue for proceedings pertaining to the probate of wills, the administration and disposition of a decedent's property, including nonprobate assets, and any other matter not identified in subsection (1), (2), or (3) of this section, is in any county in the state of Washington that the petitioner selects, unless the petitioner seeks appointment to administer the estate under RCW 11.28.120<https://apps.leg.wa.gov/rcw/default.aspx?cite=11.28.120>(3). If the petitioner seeks appointment under RCW 11.28.120<https://apps.leg.wa.gov/rcw/default.aspx?cite=11.28.120>(3), venue must be the county in the state of Washington where the decedent resided at the time of death, or, if the decedent was not a resident of the state of Washington at the time of death, a county in which any part of the probate estate might be. A party to a proceeding may request that venue be changed if the request is made within four months of the mailing of the notice of appointment and pendency of probate required by RCW 11.28.237<https://apps.leg.wa.gov/rcw/default.aspx?cite=11.28.237>, and except for good cause shown, venue must be moved as follows:
(a) If the decedent was a resident of the state of Washington at the time of death, to the county of the decedent's residence; or
(b) If the decedent was not a resident of the state of Washington at the time of death, to any of the following:
(i) Any county in which any part of the probate estate might be;
(ii) If there are no probate assets, any county where any nonprobate asset might be; or
(iii) The county in which the decedent died.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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<tel:(206)%20949-8145>
Email:darciebyrd at gmail.com<mailto:Email%3Adarciebyrd at gmail.com>
Mailing address: 11921 99th Ave. NE, Arlington, WA 98223
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