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

Tue Apr 11 17:13:25 PDT 2017

I found instructions and sample motion & order on http://www.wa-probate.com/Instructions/Opening/Access-Safety-Box.htm
There is a petition and order provided by Richard Wills.  I have not had to do this procedure so you will have to research the procedure but these forms should get you started.  Last update was December 2008 so you need to do your due diligence.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
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Snohomish, WA 98291

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dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Setareh Mahmoodi
Sent: Tuesday, April 11, 2017 4:53 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Obtaining Order to Open Safe Deposit Box to get Will

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

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Best regards,

Setareh Mahmoodi

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