[WSBAPT] Failure to file a will with the court

[Jill H. Sasser]

Hi Lovie:

I just ask for a copy of the Will (usually a nice letter that points out the duty to file the Will and cites the statute, but that mentions you will seek a court order if you don’t get a response).  If there is no response or a failure to respond, then I file a motion pursuant to RCW 11.20.010 and I set a hearing.

My answer might vary depending on your circumstances.  I might open a probate and then file the Motion (if you think there are assets to probate).  Or, I might try to get a copy of the Will from the drafting attorney, if you have that information.  Feel free to call me if you want to discuss.

Good luck!

Jill

Jill H. Sasser | Attorney at Law
[Landerholm Logo]
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-696-3312 | F: 360-696-2122
www.landerholm.com<http://www.landerholm.com/>





Jill H. Sasser | Attorney at Law
<https://protect-us.mimecast.com/s/lNV1B6tpl8sm>[cid:image044868.GIF at 70d5ad18.439e7963]<http://>
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA  98666-1086
T:  | T:  | F:
www.landerholm.com<https://protect-us.mimecast.com/s/lNV1B6tpl8sm>
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lovie Bernardi
Sent: Tuesday, May 10, 2016 11:45 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Failure to file a will with the court

Listmates,

Has anyone had a situation where the person who had the original will of a decedent did not file a probate and failed to file the will in the time period set forth in RCW 11.20.010? If you just want a copy of the will, what are the options available?

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

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

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