[WSBAPT] Need advice! WA Probate- will located in TX

[Paul Neumiller]

Why not have the TX attorney file the Will for $20.00 first and then you open probate using that file number.   I had a situation where we searched for the original Will and discovered the sister had already filed it with the local superior court.  We then just opened probate using the file number given to the Will.

 

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sarah Jael Dion
Sent: Friday, February 19, 2016 2:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Need advice! WA Probate- will located in TX

 

Hello friends-

 

I haven’t seen this before, but am hoping someone here has! I would so appreciate any thoughts on the best way to handle...

 

I’m in King County, representing the PR son. Decedent mother was a WA resident who used to live in TX. 

 

Her will was drafted in TX when she lived there, and remains in a vault in a law firm in TX. 

 

TX attorney says he can’t send me (or the PR) the original will because of a provision in Texas Estates Code. According to this attorney, his only option is to send it to the Clerk of the Probate Court here. 

 

On first glance, it appears he is right…

 

                             Sec. 252.201.  WILL DELIVERY.  On receiving notice of a testator's death, the person who has custody of the testator's will shall deliver the will to the clerk of the court that                              has jurisdiction of the testator's estate. 

 

I have never tried to open probate without the original will. Seems like I have two options:  (1) try to open probate without the original will, and then have the TX attorney file it by mail into the case; or (2) have the TX attorney file the will with the court here, and then open probate explaining that the court should be in possession of the original will. 

 

Thoughts? Guidance? Thank you in advance!!!

 

Sarah Jael Dion

 

Dion Law PLLC                                                             

206-550-4005

sarah at dionlaw.com <mailto:sarah at dionlaw.com> 

dionlaw.com <http://dionlaw.com> 

 

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