[WSBAPT] Older Will Filed in Other County?

[Diane J. Kiepe]

Isn’t funny how real life and law don’t always square up?

I think the old Will is a matter of record no matter what.  That being said, I would probably  mention it in my current petition, Will dated _____ was previously filed with the Court on _________ document number ___________.  Such Will was believed to be the Last Will and Testament of _____ but in fact was not.  Petitioner herein now presents the Last Will & Testament etc etc.

Good luck


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Wednesday, November 28, 2018 11:26 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Older Will Filed in Other County?

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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