[WSBAPT] Will Found After Initiation of Intestate Succession

[David Faber]

I started an intestate succession earlier this week on behalf of Client,
who is a child of decedent. Today, I received both Letters of
Administration and a phone call from someone telling me they had found
decedent's *Last Will & Testament*. The decedent's *Last Will* names my
client as the first contingent PR after client's brother. Brother already
signed off on Client serving as PR under the intestacy, so I'm just trying
to figure out the proper course of action here...

My gut says: (1) I need to file the Will under RCW 11.20.010 and get it
into Brother's hands; (2) get brother to sign a *Waiver of Right to Serve*.
Then I should be able to otherwise proceed as currently structured because
proceeding under the Will or Intestacy will have the same result. I can't
stop second guessing myself, however, because Client is operating under
Letters of Administration and not Letters Testamentary, and the Court has
issued an Order that reflects a situation that is no longer factually
accurate (i.e. that no valid Will of Decedent has been found).

Any recommendations or guidance would be much appreciated...

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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