[WSBAPT] Snohomish County Probate - Death Certificate Needed

[Richard Wills]

*This is not new.**
**
**Around five years ago, I had a PR client whose mother had died the day 
before & several weeks before then had signed a REPSA such that the 
closing of the sale of her home was in a couple of days.  The buyer 
learned that the seller had died & threatened to rescind the purchase if 
the sale would not close as scheduled.  My client (D's son & the named 
PR in D's Will) wanted the probate to open immediately so he could get 
appointed as PR & close the sale as scheduled.**
**
**I prepared the documents, drove to Everett, met with the client, got 
him to sign the docs, & presented them ex parte.**
**
**"Not so fast," said the Comm'r.  "This looks funny, applying for 
Letters the day after Decedent died.  I want a Death Certificate."  Both 
the client & I explained the situation, & that he might lose the sale if 
he could not obtain authority to convey D's home, when & as she had 
ag**reed to do.**I begged; I pleaded; I cajoled.
**
**"No," said the Comm'r.  "I've ruled.  I want a Death Certificate.**"
**
**I walked to the Snoho Board of Health, a couple of blocks away, 
ordered a Death Certificate (which they had yet to receive from the 
funeral home), obtained it two days later, submitted it to the Court, 
got Letters, & the sale closed as scheduled, by a hair's breath in time.

Yea, Snoho Board of Health; boo, Snoho Comm'r.*
*
**In opening several thousand probates over the last ten years in WA, 
this was the only time that I can remember in which I was asked for a 
Death Cert by the Court.**
**
**In the 1970s-80s, I practiced in CA, & then & there, as I recall, a 
Death Cert was required to open a probate.**

*
On 1/16/2015 11:49 AM, J A Cyphers wrote:
> Was in Snohomish County Ex Parte Dept A this morning to probate a 
> will.  Decedent died Jan 9 so we don't have the death certificates yet.
> Commissioner wanted to see the death certificate before she would sign 
> an order.  Wanted more than a verified petition.  She was willing to 
> take a published obituary or funeral or cremation bill as proof.  
> But I didn't not the bills and there was no obituary published.
> So have to do it again once the death certificate is issued.  They did 
> not want the death certificate filed; just wanted to see it.
> Bottom Line:  Now need to show the death certificate in Snohomish 
> County also.
> I would love to know what happened that the Courts decided they wanted 
> independent proof of death before probating the will.
>    
> Jackie Cyphers
> Jeannette A. Cyphers, Attorney at Law
> P. O. Box 908
> Edmonds, WA 98020-0908
> 425-776-5887
> fax 425-640-0814
> jacyphers at gmail.com <mailto:jacyphers at gmail.com>
>

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