[WSBAPT] Starting probate without death certificate

Mon Jan 5 11:48:37 PST 2015

My* guess *is that sometime in the distant past, when dinosaurs roamed, an
attorney mistakenly opened a probate for a person who turned out to be
annoyingly alive.  All sorts of hell ensued and it became the subject of
bench banter.  So, to avoid a repeat, a habit was born, in King County, at
least . . .

On Mon, Jan 5, 2015 at 11:40 AM, Peterson, Eileen <EPeterson at gth-law.com>
wrote:

> 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 <253%20620%206419>**F** 253 620 6565 <253%20620%206565>*
>
> *Click here to follow Lars in our**Trusts & Estates Blog
> <http://www.gthestateplanning.com/>*
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>
>
> *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 <781-7014Joyce at Schwensenlaw.com>
>
> Joyce at Schwensenlaw.com
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> www.SchwensenLaw.com <http://www.schwensenlaw.com/>
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> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <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
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <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*
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> *phone 206-953-4485 <206-953-4485>*
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> *attorneytoner at earthlink.net <attorneytoner at earthlink.net>*
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>
>
>
> *From:* Andrew Hay [mailto:andrewhay at washingtonlaw.net
> <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
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> Phone: (253) 272-2400
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Elena Luisa Garella
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