[WSBAPT] Probate for Profit - Venue Issue

[Darcie Byrd]

Thank you for your help confirming that. Yes, the petitioner is the
decedent's brother.

That's a relief!

-Darcie

Attorney at Law

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

Email:darciebyrd at gmail.com

Mailing address: 11921 99th Ave. NE, Arlington, WA 98223
<https://www.google.com/maps/search/11921+99th+Ave.+NE,+Arlington,+WA+98223?entry=gmail&source=g>

On Thu, Oct 22, 2026 at 2:41 PM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> 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
>
> <https://www.google.com/maps/search/1417+31st+Ave+South+%0D%0A+Seattle+WA+98144-3909?entry=gmail&source=g>
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
> <https://www.google.com/maps/search/1417+31st+Ave+South+%0D%0A+Seattle+WA+98144-3909?entry=gmail&source=g>
>
> Seattle WA 98144-3909
> <https://www.google.com/maps/search/1417+31st+Ave+South+%0D%0A+Seattle+WA+98144-3909?entry=gmail&source=g>
>
> 206-625-0092 <(206)%20625-0092>
>
> 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 <(206)%20949-8145>
>
> Email:darciebyrd at gmail.com
>
> Mailing address: 11921 99th Ave. NE, Arlington, WA 98223
> <https://www.google.com/maps/search/11921+99th+Ave.+NE,+Arlington,+WA+98223?entry=gmail&source=g>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20261023/2d1fc9fb/attachment.html>