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

[Paul Neumiller]

Matthew, you have probably done this but you should have the PC get a good FMV of the mineral rights.  I've had clients in similar situations walk away because the mineral rights were not worth the hassle and cost of opening the probates.


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From: wsbarp-bounces at lists.wsbarppt.com <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<mailto:matt at yatesmarshall.com>
www.yatesmarshall.com<http://www.yatesmarshall.com/>


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