[WSBAPT] Petition to access safety deposit box

[Sara D. Longley]

Hello Christopher,

 

I have actually never had to get a court’s permission to access a safety deposit box to retrieve a will.  With that being said, my understanding is that you would file a probate petition, reciting the facts that the testator died testate but that the original will is missing and believed to be in the safety deposit box.  Include in the probate petition the request for an order to open the safety deposit box.  Once the will is obtained, file it into the existing probate matter and then proceed with appointing the named PR, etc.

 

Best of luck,

Sara

 



Sara D. Longley, J.D., LL.M.

Attorney at Law

 

1734 NW Market Street

Seattle, WA 98107

 <tel:%28206%29%20434-5644> (206) 434-5644

Sara at longley-law.pro <mailto:Sara at longley-law.pro> 

www.longley-law.pro <http://www.longley-law.pro/> 

 

This email is intended only for the individual to whom it is addressed and may contain information that is privileged, confidential, and/or exempt from disclosure.  If you have received this message in error, please inform the sender by telephone or reply email and delete this message and all attachments.  Thank you.

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Christopher Small
Sent: Tuesday, November 1, 2016 1:11 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Petition to access safety deposit box

 

Friends:

 

Have a client who's father died with his will in his safety deposit box (not married). I've read the rule re Order for Production of Wills and have drafted a petition and order to have the box opened to see if the will is in fact there.

 

A couple of questions I have:

 

1. Is this filed like a petition for probate? 

 

2. If the will is then probated, will there be two separate filing fees or would you just file under the case number established by the petition to open the box?

 

3. Anything else I should know that's out of the ordinary for any of you that have done this before?

 

Thank you!

 

Cheers,




Christopher Small

CMS Law Firm LLC <http://cmslawfirm.com> 

150 Lake St., Suite 227

Kirkland, WA 98033

206.659.1512

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