[WSBARP] Decedent Owned No WA Property But Does Own Mineral Interest Rights in MT

[Mark McClure]

Jurisdiction for probate would be the state of death.

Venue would be the county of death if contested.



Prime probate would be in the state of Washington with Letters issuing.



PR then entitled to open ancillary probate in MT with assets pouring back
into the Washington estate.



Right?

*Mark C. McClure* *| *
*Managing Attorney *Law Office of Mark McClure, PS

*"Why Retire With Debt?"*1103 West Meeker Street, #101
Kent, WA 98032

Office:  253.631.6484 (Leave Msg - Will be returned within 24 hours)
Email: Mark at McClureLawGroup.com
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*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Matt Yates
*Sent:* Wednesday, January 15, 2025 2:32 PM
*To:* wsbarp at lists.wsbarppt.com
*Subject:* [WSBARP] Decedent Owned No WA Property But Does Own Mineral
Interest Rights in MT



Received a call from a PC whose father died intestate, and PC is only legal
heir. PC indicates that while father lived in WA, he owned no property in
WA (except personal property not warranting probate) and the only asset is
a mineral interest right in MT. PC indicates that he called an attorney in
MT who indicated that PC has to open probate in WA and then do ancillary
probate in MT. I’m not sure what would be the subject of the WA probate if
MT attorney is accurate. I have handled many probates with property in
other states requiring ancillary probate proceedings, but I cannot say I’ve
had to open an ancillary probate when there is no property in WA.



Anyone encounter this issue before? I’m wondering what I’m missing here.


Matthew D. Yates

Attorney at Law

Yates Marshall, PLLC

10000 NE 7th Avenue, Suite 200

Vancouver, WA 98685

Phone: (360) 449-6100

Fax: (360) 449-6111

matt at yatesmarshall.com

www.yatesmarshall.com
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