[WSBARP] Estate with Will and Intestate property

[delp at whidbey.net]

Thanks Heather. I was originally planning on approach you outline below (Just Letters Testamentary and an order granting authority to administer all assets). I then began questioning myself, wondering what was required or customary in this situation and thinking about the language of Letters Testamentary to “authorize the above-named to execute said Will according to the law”.   I expect that you are correct that Letters Testamentary gives authority over all assets in the estate.

Thank again!
Margaret

On 2/20/26, 10:49 AM, "wsbarp-bounces at lists.wsbarppt.com" <wsbarp-bounces at lists.wsbarppt.com> wrote:

I would simply ask for probate of the Will and issuance of Letters Testamentary. I would state in my petition that the Will lacked a residuary clause and that some of the assets will be distributed to the intestate heirs, but I don’t think you need separate letters. I could be wrong, but that is how I would start.

How is the surviving spouse to discern two whom they would give Letters T and who would get Letters of A? Does any 3rd party care? I would posit that the Personal Representative is named in the will to administer the whole estate even if the Will doesn’t direct distribution of the whole estate.

Heather

Heather S. de Vrieze
(she/her)
Attorney-at-Law
[cid:image001.jpg at 01DCA256.85000350]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

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


—
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/dc106f8d/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 17884 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20260220/dc106f8d/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 18009 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20260220/dc106f8d/image002.png>