[WSBAPT] Will found after probate filed - now what?

John J. Sullivan sullaw at comcast.net
Tue Jul 18 13:09:09 PDT 2017


I think the Will has to actually be admitted to probate. 

John Sullivan

Sent from my iPhone

> On Jul 18, 2017, at 9:19 AM, Paul Neumiller <pneumiller at hotmail.com> wrote:
> 
> On a practical basis, if the administrator already has nonintervention powers, why do anything?  Additional notices may have to go out if there are non-intestate heir beneficiaries but it seems to me that if the Administrator has nonintervention powers and if the Will doesn’t change the distribution, why petition the court to change from Letters of Administration to Letters Testamentary?  What does that gain the client?
>  
> <image001.jpg>
>  
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John J. Sullivan
> Sent: Monday, July 17, 2017 6:40 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Will found after probate filed - now what?
>  
> Had this happen once or twice. As I recall the petition is to appoint administrator PR "with Will annexed."
>  
> John Sullivan
> 
> Sent from my iPhone
> 
> On Jul 17, 2017, at 10:34 AM, Christopher Small <chris at cmslawfirm.com> wrote:
> 
> Hello everyone, quick procedural question. Here's the run down.
> 
> 1. Filed intestate probate believing no will.
> 2. Will found naming person we petitioned to be named administrator PR.
> 
> That's it. What is next step? File motion asking administrator to be named PR? File amended petition? FYI, will already filed with case.
> 
> I'm sure the answer is pretty easy, I've just not encountered it before and want to do it right the first time.
> 
> Thank you in advance!
> 
> Cheers,
> 
> Christopher Small
> CMS Law Firm LLC
> 150 Lake St. S., Suite 218
> Kirkland, WA 98033
> 206.659.1512
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