[WSBAPT] Obtaining filed will for probate

[Krista MacLaren]

Thanks Karin and Sarah, I really appreciate your thorough responses!
Krista
> On Apr 18, 2016, at 2:06 PM, Karin Treadwell <Karin at sayrelawoffices.com> wrote:
> 
> Krista:
>  
> If you don’t appear in person, but file Ex Parte via the Clerk, the Ex Parte Cover Sheet asks whether the Will has already been filed.  If you check “yes,” the Clerk will route it with your pleadings to the Commissioner.  
>  
> If the Will was filed in the Will Repository, then the Clerk has advised me previously to also note this on the Ex Parte Cover Sheet, and to include a death certificate.  This is because the Repository does not assign individual case numbers.
>  
> I agree with Sarah that it never hurts to call ahead to alert the Clerk in advance.
>  
> Thanks.
>  
> Karin
> Karin S. Treadwell
> Sayre Law Offices
> 1320 University St
> Seattle WA 98101
> (206) 625-0092
>  
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sarah Jael Dion
> Sent: Monday, April 18, 2016 1:48 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Obtaining filed will for probate
>  
> 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 <mailto:sarah at dionlaw.com>
> dionlaw.com <http://dionlaw.com/>
>  
> This message is private or privileged. If you are not the person for whom this message is intended, please notify me immediately and delete the message. Please do not copy or send this message to anyone else. 
>  
>  
>  
> 
>  
> On Apr 18, 2016, at 1:14 PM, Krista MacLaren <kjm.inc at mac.com <mailto: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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