[WSBARP] Out of State Beneficiary Deceased after Decedent

[Nick Pleasants]

I think it’s also reasonable to file probate in Washington. The deceased beneficiary has an interest in property in Washington (e.g. the estate of the first decedent), so even though they are not a Washington resident, it should be ok to probate here. First P.R. could theoretically apply for Letters of Administration if it has been more than 40 days since beneficiary died (RCW 11.28.120(7) – any suitable person).
Best,
Nick

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Friday, February 10, 2023 1:52 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Out of State Beneficiary Deceased after Decedent

The wife is not the only one who can initiate a probate.  If she refuses to do so, you can connect with an attorney in that state to initiate the probate process for you.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
+1 253-327-1750
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Mark McClure
Sent: 02/10/2023 5:25 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Out of State Beneficiary Deceased after Decedent

Greetings,

I have an out of state, married, beneficiary who died after his father.  We are now seeking to wrap up the estate (sale of real property) for the father but the widow has not initiated a probate or obtained an EIN number for her husband’s (beneficiary’s) estate.

How have others dealt with this?  There are capital gains to contend with and I would like the beneficiaries to handle that rather than the estate – so we need the EIN.

Thoughts?

Mark C. McClure | Managing Attorney
Law Office of Mark McClure, PS
"Why Retire With Debt?"
1103 West Meeker Street, #101
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