[WSBAPT] Starting probate without death certificate

Mon Jan 5 12:13:42 PST 2015

My understanding is that this practice of asking for the death certificate got started when a "surviving spouse" started a probate for his wife, who was on an extended vacation, in order to gain control of her assets.  I heard that this happened in Pierce County and then some King County Commissioners adopted the practice of asking for the death certificates.  Don't know if this is an urban legend, but this is what I was told when this first started to happen about a year or so ago.  Best, Marcia

From: lisa at lisaschuchman.com
To: wsbapt at lists.wsbarppt.com
Date: Mon, 5 Jan 2015 19:55:01 +0000
Subject: Re: [WSBAPT] Starting probate without death certificate

In Pierce County the commissioner does a criminal background check on petitioning PRs from the bench.  Why?

Lisa E. Schuchman

206-325-2801

www.lisaschuchman.com

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From:
 wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] 
On Behalf Of Peterson, Eileen

Sent: Monday, January 5, 2015 11:40 AM

To: Joyce at Schwensenlaw.com; WSBA Probate & Trust Listserv

Subject: Re: [WSBAPT] Starting probate without death certificate

I’m very unclear why any of this happening.  Presumably, the Petition (sworn under oath) indicates the date of death.   I don’t think that it is required, but
 for some reason the Court is exercising its discretion – but why?  

Eileen S. Peterson

Attorney at Law

T
 253 620 6419

F
 253 620 6565

Click here to follow Lars in ourTrusts
 & Estates Blog

From:
wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com]
On Behalf Of Joyce S. Schwensen

Sent: Monday, January 05, 2015 11:32 AM

To: 'WSBA Probate & Trust Listserv'

Subject: Re: [WSBAPT] Starting probate without death certificate

Yup. That is what I’ve been asked to do by the commissioner in King County on several occasions.

Joyce

Law Offices of Joyce S. Schwensen

6814 Greenwood Ave. N.

Seattle, WA  98103

Tel: (206) 367-1065

Fax: (206)
781-7014

Joyce at Schwensenlaw.com

www.SchwensenLaw.com

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From:
wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com]
On Behalf Of Paul Neumiller

Sent: Monday, January 05, 2015 10:58 AM

To: cole-gilday at stanwoodlaw.net; 'WSBA Probate & Trust Listserv'

Subject: Re: [WSBAPT] Starting probate without death certificate

I am curious.  How does one “present” something to the court but not “file” it?  Hold it up for the judge and say “looky here?”  Hand it up to the judge and
 then get it back?

From:
wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com]
On Behalf Of Robert R. Cole

Sent: Monday, January 5, 2015 10:27 AM

To: wsbapt at lists.wsbarppt.com

Subject: Re: [WSBAPT] Starting probate without death certificate

Snohomish County Commissioners want the death certificated presented (but not filed).

Very Truly Yours,
Robert R. Cole
Law Office of Cole & Gilday, P.C. 

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On 1/5/2015 9:06 AM, Thomas M. Culbertson wrote:

Looks like King County may be the only one where the question is even asked.  Don’t forget you can file in any county, generally by mail, so if you anticipate problems locally, file somewhere else.

THOMAS M. CULBERTSON
 I
 Lukins & Annis, PS
717 W. Sprague Ave, Suite 1600, Spokane, WA 99201
(509) 455-9555 I
 fax (509) 363-2500  I
 tculbertson at lukins.com

From:
wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com]
On Behalf Of Eden Rubenstein Toner

Sent: Friday, January 02, 2015 1:27 PM

To: 'WSBA Probate & Trust Listserv'

Subject: Re: [WSBAPT] Starting probate without death certificate

I was asked for it the last time I opened a probate in King County.  I didn’t have it, and was able to open the probate anyway, but in the future I’m going
 to try to have it before going to court.

Eden Rubenstein Toner
Attorney at Law
1600-B SW Dash Point Road, #163
Federal Way, WA 98023
phone 206-953-4485
attorneytoner at earthlink.net

From: Andrew Hay [mailto:andrewhay at washingtonlaw.net]

Sent: Wednesday, December 31, 2014 2:31 PM

To: WSBA Probate & Trust Listserv

Subject: [WSBAPT] Starting probate without death certificate

Hello Listmates

I have a case where a lady is in her last days and has a closing pending.  If she does not survive to closing I may have to open a probate before the death certificate is available.  Has anyone had similar
 problem?

Andrew Hay
Hay & Swann PLLC
201 South 34th Street
Tacoma, WA  98418
Phone: (253) 272-2400
Fax:     (253) 267-8947
www.washingtonlaw.net

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