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

[Dalynne Singleton]

If it is a valid will, it cannot be ignored and must be filed.  After that, heirs/beneficiaries can agree amongst themselves on distributions different from the Will – TEDRA.

It should be a simple amended petition indicating you found the will and it is being filed.  This changes the probate to testacy and the letters should be reissued as testamentary not letters of administration.

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John J. Sullivan
Sent: Tuesday, July 18, 2017 1:09 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will found after probate filed - now what?

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<mailto: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> [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<mailto: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<mailto: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<http://cmslawfirm.com>
150 Lake St. S., Suite 218
Kirkland, WA 98033
206.659.1512
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