[WSBARP] Canadian Will & American Real Estate

Jim Doran jim at doranlegal.com
Fri May 15 16:20:26 PDT 2020


Since there is no estate in BC do you mean we can do a probate in Whatcom
County with the BC Will and no probate in BC?

On Fri, May 15, 2020 at 4:12 PM Marvin Benson <marvinbensonlaw at gmail.com>
wrote:

> 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
>> <https://www.google.com/maps/search/E.+Pine+Street+-%C2%A0+Suite+205+Bellingham,+WA+98225?entry=gmail&source=g>
>> Bellingham, WA 98225
>> <https://www.google.com/maps/search/E.+Pine+Street+-%C2%A0+Suite+205+Bellingham,+WA+98225?entry=gmail&source=g>
>> (360)393-9506
>> jim at doranlegal.com
>> www.doranlegal.com
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-- 
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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