[WSBAPT] Obtaining filed will for probate

[Sarah Jael Dion]

Krista- 

I just had a situation in which I needed to get an original will, that had been filed as a will-only filing, in front of the commissioner so I could open probate! I got a lot of great advice from this listserv. 

Here is what I recommend, based on my experience:

1. Prepare all your documents to open probate, as usual (I included a paragraph in the petition explaining that the will was previously filed and would be brought by records to the courtroom as set forth below);
2. Call the Clerk’s office a day or two before and warn them that you will be coming on x date and will need to have an original will brought to ex parte;
3. Arrive at the Clerk’s office, explain to the clerk that you called in advance and will need to have an original will that was filed as such brought down to ex parte;
4. Pay to open the case and for letters, stamp the case number on everything;
5. Head over to Records (other side of clerk’s office) and tell them that you need a will brought down to ex parte and that you called ahead;
6. Go to ex parte, tell the in-court clerk what’s happening and give her the rest of the pleadings for the commissioner;
7. Wait in ex parte for records to bring the will down to the in-court clerk.

After that, proceed as usual. Hope it goes smoothly!

Sarah Jael Dion

Dion Law PLLC					
206-550-4005
sarah at dionlaw.com
dionlaw.com

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> On Apr 18, 2016, at 1:14 PM, Krista MacLaren <kjm.inc at mac.com> wrote:
> 
> Hi Folks,
> 
> I recently filed a will in King County because probate was not going to be opened, and now we need to open probate.  I am not sure of the logistics of what extra information should be in my petition, and how I get the Will from the court and in front of the commissioner at the time of the hearing (we have to give notice to a sibling).
> 
> Your experience would be of great help!
> 
> Krista J. MacLaren
> Attorney at Law
> Northgate Executive Center II
> 9725 3rd Ave NE, Suite 600
> Seattle, WA 98115
> (206)523-6116
> kjm.inc at mac.com <mailto:kjm.inc at mac.com>
> 
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