[WSBAPT] Older Will Filed in Other County?

[David Faber]

Client's father died recently. C's aunt, who had possession of an old Will,
signed a declination of right to serve and then filed that older Will (but
not a petition for probate) in Skagit County because she thought that was
her legal obligation. C's father had since signed a new Will that aunt did
not know about. C now wants to file a petition for probate here in
Jefferson County. As an aside, with the aunt signing the declination to
serve, C is entitled to serve as PR under the Skagit Will (which is not
valid, anyway, because of the newer Will), so this whole issue may be moot.

My question is whether the filing of the old Will in Skagit County will
require any further action or can we just ignore that filing because the
Will was not valid and no probate petition was ever filed? I'm guessing the
latter: that we can simply file a petition for probate here in Jefferson
County and ignore the Skagit filing, but this being the first time I've
dealt with this situation, I just want to make sure.

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

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