Legal Question in Wills and Trusts in Washington

Re: WA will AZ property

A Washington probate can address real property in Arizona, or any other state for that matter. If necessary an ancillary probate can be opened in the other state, but in my experience it is not necessary and the probate is effective as to real property located out of the state.

Hope this helps. Powell

Re: WA will AZ property

Practicioners from other jurisdictions are sometimes suprised by how simple and straightforward probate is in Washington.

I based my answer on my personal experience probating a WA estate that included AZ real property. Not a problem, dealt with effectively and efficiently.

Elizabeth Powell

Re: WA will AZ property

I will offer a differing opinion.

A will can make a bequest of all your property, whether located in Washington, Arizona or a foreign country. But remember, the will says who gets it in probate. Most careful estate planners structure the estates of their clients to avoid probate, because it involves extra expense, delay and hassle for the heirs. Families of those who avoid probate are always extra grateful.

My experience is that a probate in Washington will not by itself transfer title to real estate in Arizona. An ancillary, or side, probate filing in Arizona would be required. Otherwise, the transfer would not be recognized by title companies who insure and verify good title for an owner or buyer.

Probate can be avoided by use of a trust or a beneficiary deed in Arizona. You do not really want a probate of your estate, do you? And certainly not two probates!!!

I am concerned that your estate may have other problems which you are not aware of.

We offer free, no obligation consultations, which can be by telephone, to assist people with more detailed information to evaluate their estates and make them efficient, protect assets, avoid taxes and probate and accomplish the wishes of the clients. Call 480.835.1500 to arrange it. You are doing the right thing by inquiring for information, but when I saw the response you received I had to correct it for you on this forum, so you would have accurate advice.

best regards,

James D. Jenkins

Re: WA will AZ property

As if you weren't already confused by the last two differing answers, I'll suggest that they may both be correct but also may be missing an important fact. First, the Washington Will is sufficient to pass property in AZ. The real issue is whether you will be subject to an ancillary probate in AZ -- referred to by the other two responders. Probate in Washington is NOT the horror it is made out to be and in 99% of the time is MUCH less complicated and sometimes even cheaper than dealing with a living trust. Washington is a very easy probate state. But I'm not fully convinced that the Washington probate alone is sufficient to transfer the AZ property. Certainly if nothing else the property will need to be transferred by deed in AZ. I do believe AZ has an unusual statute that allows for a transfer of real property in lieu of probate if certain requirements are met. Most states only allow this for the transfer of personal property under some limit. Check with an AZ attorney on this. I guess my underlying advice is that living trusts are oversold and sometimes actually cost the trustor more money than the probate. This just depends on the state. I sometimes suggest the client just do a will in Washington and then a very simple living trust covering property in another state. But in your case you really should consult with an attorney so that they can get all the material facts together and render some quality advice.