[WSBAPT] Copies of Documents

[Heather deVrieze]

This has come up on the list recently in terms of admitting copies of Wills to probate, "proving" the copy. That isn't really what I am asking about here.

I have had at least a few recent cases where the original community property agreement for a married couple has gone missing, sometimes with the original Will, other times, not.

My understanding of RCW 26.16.120 is that execution of these agreements must be done in the same manner required for deeds and any amendment or revocation must be the same.

That said, I have always understood that we can't record a copy, and wonder what the effect of an unrevoked CPA, of which we only have a copy, may be, and how to prove the vesting of title to property, real and personal, in the surviving spouse.

This may be less of an issue in simple situations of first marriages, children together, who get along, with each other and parent(s), but more complicated in other circumstances. Is probate of the Will, if we have the original, or proving the copy if we don't the only option, or is there some way to prove the copy of the CPA?

Heather

Heather S. de Vrieze
Attorney-at-Law
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