[WSBAPT] Administration started, then Will found - prove Will or not?

[Eric Nelsen]

Intestate probate opened. Spouse had predeceased and their four children survived, and inherit all in equal shares. Son 1 was named as Adm-PR, by agreement of all the siblings.

While PR is going through old papers, he finds a Will from 1981 leaving everything to spouse, or in alternate to the four kids. So the Will's distribution scheme is identical to intestacy. (Estate is solvent and no debts or non-probate assets that would have implications on having to allocate debts/expenses any differently either.) The only difference is, Son 2 is named as PR in the 1981 Will as alternate to the (deceased) spouse.

The kids are cooperative and agree they still want Son 1 to serve.

I plan to just file the Will in the probate file but not petition to get it proved and the letters changed to "letters of administration with will annexed." Does anyone see a problem with that? Am I missing any possible consequence of finishing this off as an intestate administration without the Will?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

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