[WSBAPT] Obtaining Order to Open Safe Deposit Box to get Will

[Setareh Mahmoodi]

Hello,

I haven't had to get an order to open the safe deposit box of a decedent
before. I just want to make sure I have the process and procedure down
correctly.

I plan on filing a petition under LCR 98.04(d) in King County to obtain a
court order to open the box. Procedurally, this is an ex-parte matter and
no notice is required, correct? Does anything else have to be filed at the
same time? Do I need to open a probate and file the petition under the
probate cause number or can it be a separate cause number? There most
likely will be a probate, but we are not completely sure at this point and
want to get the Will first.

Can the son (who is the named PR in the Will supposedly) petition the
court? Wife of the decedent (mother of son) is alive and would be the heir,
however, she doesn't want to handle the financial matters and has signed a
waiver of surviving spouse. Does this change the petition to open the safe
deposit box in any way?

Any other words of wisdom or things to consider?

Thanks so much,

Setareh

-- 

Please always call 206-683-1006 or email before dropping by the office as I
could be in court or meetings. Thanks!

*Best regards, *


*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

*Bothell, WA 98011*

*Phone: 425-806-1500*

*Cell: 206-683-1006*

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