[WSBARP] Joint probate question

Jeremy Yates yatesjp at gmail.com
Tue Nov 7 12:15:01 PST 2017


Hi Melinda, Could you do a lack of probate affidavit for husband? Or
an adjudication of intestacy and heirship for Husband?  I think it
just depends on the assets and what needs to be marshaled and/or
liquidated, and I suppose on who the heirs are for H and beneficiaries
for W.

I did joint estates in a case with H&W and each had a Will.  I titled
in "In the matter of the Joint Estates of H and W" and had no trouble.

In cases where something more is required, it seems like you could
review the history of the marital community with those who knew them,
characterize the property, and then do a Petition and Order giving
notice to relevant parties as to how you believe the property ought be
characterized.

On Sun, Nov 5, 2017 at 8:14 PM, Melinda <mkgroutlaw at gmail.com> wrote:
> Really feel I should know this, but somehow not feeling sure, so once again I’m leaning on you wonderful colleagues  ;)
>
> Wife died recently, with valid Will.  Husband predeceased (last year) - no Will, no CPA. No probate.
>
> Therefore I am assuming I need to do a joint probate now.  True?
>
> In petition for joint probate, is it necessary to:
>         - plead  RCW 11.04.015(1)(a) Descent and distribution of community property from predeceased husband to surviving wife?
>         - request Letters Testamentary for testate wife, and also Letters Admin for intestate husband?
>
> Thanks so much!
>
> Misspelled from my iPhone
>
> Melinda
>
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