[WSBARP] Canadian Will & American Real Estate

[Marvin Benson]

The Whatcom county real property will be subject to a probate in Washington
state.  Her personal property and any BC real property will be subject to
whatever the BC procedure is.   In Washington state, an ancillary probate
is handled as a regular probate.

Marvin Benson

On Fri, May 15, 2020 at 8:48 AM Jim Doran <jim at doranlegal.com> wrote:

> 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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