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

[Karin Treadwell]

Yes, the Ex Parte Cover Sheet specifically asks if the original Will has already been filed.  If so, you can check the box so that the Will will be delivered by the Clerk to the Commissioner.

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 Eric Nelsen
Sent: Friday, February 19, 2016 3:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Need advice! WA Probate- will located in TX

I agree with Paul. You might even expedite it by offering to send a check to the Texas attorney, payable to the King County Superior Court Clerk for $240, that would allow the Texas attorney to mail it off without expense beyond postage. Then you will have a case number and you can proceed; just tell the court that the original Will is already in the court file.

I wonder, is it still possible to ask the clerk to pull an original file and send it up to ex parte?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA 98101-2837
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Friday, February 19, 2016 3:08 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Need advice! WA Probate- will located in TX

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> [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<mailto: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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