[WSBARP] Canadian Will & American Real Estate

Jim Doran jim at doranlegal.com
Fri May 15 08:44:59 PDT 2020


I think this one is rather easy.....for those with the experience.

Client's mother lives in Vancouver BC.  She owns property in Washington.
She has virtually no estate in British Columbia.  She is getting ready to
kick the bucket.  She supposedly has a Will in BC but the client hasn't
found it yet.  The Will (supposedly) gives the property to her five
children.

The question is about the jurisdiction for her Will and property when she
dies.  If she has a Will in BC and the real property is in Whatcom County
USA, what do we have to do to transfer the property to the heirs? (This is
assuming that the Will is located.)  More specifically, does a probate
process have to be done in BC?  Does an ancillary probate have to be done
in Washington?  OR: Can the BC Will be used in the Whatcom County USA
Superior Court to transfer the Property?  (I will also check with the title
companies to see if they will do a Lack of Probate process.)

Thank you for the help.

Jim Doran

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
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