[WSBAPT] Petition to access safety deposit box

[Chad Horner]

You may also want to include the following language in your order in case you get to the bank and your key doesn’t work (or if you have no key). The bank will want language to address this problem if it arises.

“If there is no key available to open the safe deposit box, the Bank will permit the safe deposit box to be drilled into and opened, and all the contents provided to _____________, counsel for Petitioner.”
Chad Horner
CURRAN LAW FIRM
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Kent, WA 98032
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Tuesday, November 01, 2016 2:38 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Petition to access safety deposit box

This is exactly how I handled  the two cases in which this occurred.


Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sara D. Longley
Sent: Tuesday, November 01, 2016 2:04 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Petition to access safety deposit box

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

[cid:image001.jpg at 01D1F8A6.19C81E60]
Sara D. Longley, J.D., LL.M.
Attorney at Law

1734 NW Market Street
Seattle, WA 98107
(206) 434-5644<tel:%28206%29%20434-5644>
Sara at longley-law.pro<mailto:Sara at longley-law.pro>
www.longley-law.pro<http://www.longley-law.pro/>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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