[WSBAPT] Filing a probate in Chelan County with a partial revocation of will

[Lewis, Amy C.]

Why not just file the probate in King County?  You can file in any county so long as you publish the notice to creditors in the county of residence.


Amy C. Lewis, Attorney

[cid:logoa78440]

ESTATE PLANNING & PROBATE

1200 Wells Fargo Plaza | 1201 Pacific Avenue | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lovie Bernardi
Sent: Monday, January 25, 2016 11:47 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Filing a probate in Chelan County with a partial revocation of will

Dear listmates,

I am filing a joint probate for the estates of a husband and wife in Chelan County. The daughter is named as the backup Personal Representative in both wills. In both wills, the same portions are stricken by hand, signed and dated. The stricken portions concern contingent beneficiaries (charities) who would take under the will if the daughter did not survive. Applying the factors set forth in In re Estate of Malloy, 143 Wn.2d 316, these changes are revocations, not alterations and need not comply with the formalities required for the execution of wills. Question: Is this a situation where it would be advisable to present in person? I had hoped to e-file to keep costs down (my office is in Seattle), then I received a copy of the wills from the client and saw the alterations. I'm not sure how common this situation is and how the commissioner will react. Any suggestions on the best way to proceed? The daughter is the only heir.

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
216 First AVE S, #450
Seattle, WA  98104
(206) 682-2616

lovie at sbfirm.com<mailto:joni at sbfirm.com>
http://sbfirm.com<http://sbfirm.com/>

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