[WSBAPT] Petition to access safety deposit box

[Paul]

Did this last week.  What you do depends on what you plan on doing.  My Court Clerk (Island County) said she had never done one before and insisted I open a probate ($240.00) “because otherwise, where would I file the paperwork?”   I asked her to call King county and find out how they do it.  I wasn’t sure my client was going to open a probate so didn’t want to pay for the full dog.  King County told our Court Clerk to file as a “Will Only” file (only $20.00).  Place the motion to open the safe deposit box and the Order in that file.  Once the Will is extracted, the client can choose to simply file the Will under that file number OR use that file number to open the probate and then pay the extra money.

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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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