[WSBARP] Estate with Will and Intestate property

[delp at whidbey.net]

Hello colleagues: I have done many probates with a Will and many intestate probates. For the first time, I now have a matter now with both a Will and intestate assets.

The Decedent has a Will which distributes specific assets to his spouse and daughter from a prior marriage. The Will lacks a residuary clause. The Will fails to distribute the home, owned with his spouse as community property.  So we have assets to be distributed by the Will and the intestate property to be distributed by the descent and distribution statute. I understand the requirements for granting nonintervention powers and notice requirements for an intestate estate.

My question is - Do I file a single Petition asking for the Will to be admitted and for the spouse to appointed as Personal Representative under the Will, and to also be appointed to administer the intestate asset (the community property home). Am I asking for Letters Testamentary with the order authorizing the Personal Representative to administer all assets of the estate including intestate asset? Or do I need to request both Letters Testamentary for testamentary assets and Letters of Administration for intestate assets?

Thank you,
Margaret


—
Margaret Delp, JD
Delp Law PLLC
PO Box 292
Langley, WA 98260
Office location (no mail delivery):
5671 Crawford Road
Langley, WA 98260
(Next door to the Unity of Whidbey Church)
360-579-4530
—
CONFIDENTIALITY NOTICE: This email message and any accompanying data or files is confidential and may contain privileged information intended only for the named recipient(s). If you are not the intended recipient(s), you are hereby notified that the dissemination, distribution, and or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at the email address above, delete this email from your computer, and destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20260220/dd47514a/attachment.html>