[WSBAPT] Will Found After Initiation of Intestate Succession

[Dalynne Singleton]

File the will.  Do an amended petition making it testacy and ask that the letters of administration be revoked and letters testamentary be provided.  If he brother will sign the waiver, all the better.  If not, you should note the amended petition for hearing.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of David Faber
Sent: Friday, August 17, 2018 5:10 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Will Found After Initiation of Intestate Succession

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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