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

[Matt Yates]

Thank you for the replies.

Always good advice Paul and yes, I did make very clear to him that finding some way to value the interest before spending money to get it is absolutely necessary.

Mark McClure, I certainly expect that you are correct about jurisdiction, but I think that what continues to throw me off is representing to the court, even implicitly, that there is property subject to probate in Clark County (any WA county for that matter).

I think that the evaluation as to whether it is worth it gives PC something to chew on and consider and we'll go from there.

Thanks again for the responses.


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>



From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Wednesday, January 15, 2025 2:48 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Decedent Owned No WA Property But Does Own Mineral Interest Rights in MT

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.


[cid:image001.jpg at 01DB6760.E23DE4B0]


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 Matt Yates
Sent: Wednesday, January 15, 2025 2:32 PM
To: wsbarp at lists.wsbarppt.com<mailto: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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