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

[Heather deVrieze]

Wouldn’t the Washington Court have “jurisdiction of the testator's estate”?

Seems you could file a petition, with a case number in hand ask the TX attorney to forward it for filing in that cause number, then send a proposed order to the ex-parte clerk, or note a hearing and show up to get your Will admitted and Personal Representative appointed.

All this presumes you know what the Will says, and aren’t “flying blind”.

Heather

Heather S. de Vrieze
Attorney-at-Law
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Seattle, WA 98116-3705
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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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