[WSBARP] Estate with Will and Intestate property

[Jeanne Dawes]

Margaret, I believe you can do this in one Petition.  I have probated a combination H&W estates where the husband was intestate and the wife had a will.  I asked the court to issue two letters - Letters Testamentary for the wife's estate, and Letters of Administration for the Husband's estate, and that was granted.  I would ask the court to issue Letters Testamentary for the testate estate, and Letters of Administration for the intestate portion of the estate.  Not sure this will work, but that is how I would approach it.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of delp at whidbey.net
Sent: Friday, February 20, 2026 8:08 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Estate with Will and Intestate property

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


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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
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