Families are not contained within state lines, and neither are estates. A person who lived in Washington may have children scattered across the country. A family that moved to Washington in retirement may have left property behind in their prior state. A personal representative named in a will may live three time zones away from the estate they are responsible for administering.
None of this makes probate impossible—but it does require careful coordination and an understanding of how different states’ probate laws interact. This article addresses the most common cross-border situations Washington families and personal representatives encounter.
Probating a Washington estate when the personal representative lives out of state
One of the most common cross-border situations is simple: a Washington resident dies naming a personal representative—often a trusted child or sibling—who happens to live in another state. Washington law does not require a personal representative to be a Washington resident. An out-of-state representative can be appointed and serve just as a local one would.
There are a few additional procedural requirements for out-of-state personal representatives, however. Under Washington law, a non-resident personal representative must designate a Washington resident—or the court itself—as their agent for service of process within the state (RCW 11.36.010). This designation ensures that anyone who needs to serve legal process on the personal representative has a way to do so without having to track them down in another state.
In practical terms, this requirement is often satisfied by naming the probate attorney as the local agent for service of process. The attorney can handle day-to-day communications with the court, sign documents locally when required, and generally smooth out the logistical friction that comes from having the personal representative located elsewhere.
An out-of-state personal representative should expect to handle most of the work remotely—communicating with the attorney by phone and email, signing documents electronically when permitted, and potentially making one or two trips to Washington if in-person action is required (such as dealing with personal property in a home or attending a closing on estate real estate). For most straightforward Washington estates, remote administration is entirely manageable.
Notifying out-of-state heirs and beneficiaries
Washington’s probate notice requirements apply regardless of where heirs and beneficiaries live. Under RCW 11.28.237, the personal representative must provide written notice of the probate to all heirs and devisees within 20 days of appointment. That notice must be given by mail or personal delivery—the law does not distinguish between heirs who live in Seattle and heirs who live in Florida.
For unknown creditors, notice is published in a Washington newspaper of general circulation in the county where the probate is pending. Out-of-state creditors who are not specifically known to the personal representative are reached through this published notice and are subject to the same four-month claim deadline as local creditors.
The practical challenge with out-of-state heirs is often communication rather than legal compliance. Beneficiaries who are geographically removed from the estate may feel out of the loop, may have questions the personal representative needs to answer across time zones, and may have different expectations about the pace of the proceeding. Clear, regular communication with all beneficiaries—regardless of where they live—is one of the most effective ways a personal representative can prevent disputes and keep the administration on track.
Ancillary probate: opening a Washington proceeding to deal with Washington property
Now for the flip side: what happens when someone from another state dies owning property in Washington?
When a person dies domiciled in another state—their primary legal residence—the main probate proceeding (called the “domiciliary probate”) opens in that state. The domiciliary probate governs the distribution of the deceased’s personal property (bank accounts, investments, personal effects) under the law of the state where they lived.
But real estate follows different rules. Real property is governed by the law of the state where it is located, not the law of the state where the owner lived. If someone domiciled in California dies owning a vacation home in Washington, the California probate court cannot directly transfer title to that Washington real estate. A separate proceeding—an ancillary probate—must be opened in Washington to transfer title to the Washington property.
This is one of the most significant drivers of ancillary probate proceedings in Washington. Families who discover that a loved one owned Washington real estate after the primary probate has been opened in another state often find themselves needing to engage Washington counsel and open a parallel proceeding here.
How ancillary probate works in Washington
Washington’s ancillary probate process is designed to work in coordination with the domiciliary probate, not independently of it. Under RCW 11.100, the Washington ancillary proceeding:
Recognizes the domiciliary personal representative. The personal representative appointed in the primary probate—whether in California, Oregon, Texas, or elsewhere—typically serves in the Washington ancillary proceeding as well, or designates someone to do so. The Washington court will generally respect the appointment made by the domiciliary court.
Applies Washington law to Washington property. Washington’s procedures, filing requirements, creditor notice rules, and other rules apply to the ancillary proceeding. Even if the domiciliary state has very different rules, the Washington courts follow Washington procedure.
Prioritizes Washington creditors. Washington creditors with claims specifically against the Washington property are addressed in the ancillary proceeding before any remaining assets are sent to the domiciliary estate for distribution.
Transfers the net proceeds. After Washington creditors are paid and Washington administrative expenses are satisfied, the net proceeds from the Washington ancillary estate are transmitted to the domiciliary estate for distribution according to the domiciliary state’s rules.
Opening a Washington ancillary probate requires filing in the appropriate Washington Superior Court, submitting authenticated copies of the will and the domiciliary letters, and complying with Washington’s filing requirements. The process is generally simpler than a full domiciliary probate because it is focused specifically on the Washington property, but it still requires a Washington attorney to navigate local procedure.
Whether a Washington court will accept letters from another state
A question that comes up frequently is whether financial institutions and other parties in Washington will accept letters testamentary or letters of administration issued by another state’s court—and the answer is: sometimes, but not reliably.
Many financial institutions and title companies will accept a foreign state’s letters for routine account-related transactions, particularly for smaller accounts. However, for real property in Washington, the transfer of title generally requires a Washington court order or the Washington ancillary probate process. A deed signed by a personal representative under California letters alone will not reliably pass clean title to Washington real estate.
If there is no real property involved and the out-of-state estate only includes Washington financial accounts, the personal representative under the domiciliary letters may be able to collect those assets without opening a Washington ancillary proceeding, depending on the institution’s policies. It is worth confirming with each institution what documentation they require before assuming an ancillary proceeding is or is not necessary.
Coordinating with attorneys in other jurisdictions
When an estate involves probate proceedings in more than one state, the personal representative and their advisors need to coordinate carefully between the jurisdictions. Common coordination issues include:
Avoiding duplication of creditor notice. Creditors may need to be notified in both the domiciliary and ancillary proceedings. Understanding which creditor claims are properly addressed in each proceeding avoids confusion and potential disputes.
Timing distributions. The domiciliary estate may be ready to close before the ancillary Washington proceeding is complete. Coordinating the timing ensures that distributions are not delayed unnecessarily and that the ancillary net proceeds are transmitted to the domiciliary estate when they are available.
Tax filing responsibilities. Estate tax returns are typically filed in the state of domicile. The Washington estate tax (which applies to estates over $3 million regardless of where the decedent was domiciled, if they owned Washington property) may require a separate Washington filing.
Professional fees. Having attorneys in two (or more) states working on different aspects of the same estate is an additional expense. It is worth discussing with each attorney what their role and fees will be and how they will coordinate with each other.
When you can avoid ancillary probate entirely
The most effective way to deal with the ancillary probate problem is to plan around it before it arises. If a Washington resident owns property in another state—or if an out-of-state resident owns property in Washington—the following planning strategies can often eliminate the need for ancillary probate:
Holding property in a revocable living trust. A properly funded revocable living trust avoids probate entirely, including ancillary probate. The trust, rather than the individual, is the owner of the property, and the trustee can transfer title without any court proceeding. This is one of the most compelling reasons for people who own property in multiple states to consider a trust.
Using a transfer-on-death deed. Washington authorizes transfer-on-death deeds for real property (RCW 65.04.048). A Washington property owner can record a transfer-on-death deed naming a beneficiary, and at the owner’s death the property passes directly to the named beneficiary without probate. Oregon and many other states have similar instruments.
Holding property in joint tenancy. Property held in joint tenancy with right of survivorship passes to the surviving joint tenant automatically at death, without probate, in most states.
Each of these approaches has its own trade-offs and may not be appropriate in every situation. But for anyone who owns real estate in multiple states, the question of how to hold that property is worth a conversation with an estate planning attorney before it becomes a problem.
Frequently Asked Questions
Do I have to travel to Washington to serve as personal representative if I live in another state?
Usually not. Most Washington probate administration can be handled remotely with the assistance of a local attorney. You may need to sign documents and return them, but you generally do not need to appear in court or be physically present in Washington for routine administration. There are exceptions—for example, if a physical inspection of estate property is needed—but these are manageable.
Can I use the small estate affidavit process for Washington property if the domiciliary estate is in another state?
Possibly, if the Washington property qualifies (generally, net probate assets in Washington are under $100,000 and the property is not real estate). The small estate affidavit process is available for property located in Washington regardless of where the deceased was domiciled, as long as the requirements of RCW 11.62 are met.
How long does a Washington ancillary probate take?
A Washington ancillary proceeding focused on a single piece of real property can sometimes be concluded in three to six months, which is faster than a full domiciliary probate. The timeline depends on the complexity of the Washington assets, whether there are Washington creditor claims to resolve, and how efficiently the domiciliary estate is proceeding.
What if the deceased owned property in multiple states?
Each state where the deceased owned real property will generally require its own ancillary proceeding, with its own attorney and its own filing requirements. This can become expensive and time-consuming quickly. It is one of the strongest arguments for planning ahead with a revocable living trust for people who own property in more than one state.
Does Washington recognize the domiciliary state’s will without re-probating it?
Yes. Washington will generally recognize a will that was validly executed under the law of another state, without requiring a completely independent probate of that will in Washington. The personal representative files authenticated copies of the domiciliary documents with the Washington court, which then issues Washington letters to authorize the representative to act with respect to Washington property.
Conclusion
Cross-border estates are not unusual, and Washington courts and attorneys handle them regularly. The key is coordination—between states, between attorneys, and between the personal representative and the beneficiaries spread across the country.
If you are dealing with a Washington estate that has an out-of-state dimension—whether you are a personal representative living elsewhere, a family member of someone who owned Washington property, or the Washington attorney for a domiciliary estate in another state—we can help you navigate the Washington side of it. In most cases, you will not need to travel. Give us a call.