[WSBAPT] Will Found....how to file?

[Diane J. Kiepe]

Hello Elizabeth,

Why would you think the 4 months would have to restart?  If a probate was opened as intestate, and then a Will is found and filed, this does not effect the 4 months from “publishing” does it?

It seems a bit odd to me the a statute tide to a publishing date can be retriggered by subsequent new facts like this but I certainly have not had this experience.

Thanks,

Diane

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Elizabeth Bateman
Sent: Wednesday, November 28, 2018 1:38 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Will Found....how to file?

Yes, you just prepare and file a petition to admit found will to probate, get letters testamentary, and unfortunately wait four months for the will to become final.  It stinks that it throws off your timeline, but you cannot just sit on the will.  If the beneficiaries are the same under the will and you're willing to risk it, you could theoretically make partial distributions while you wait out the four months...?  Kinda depends on the circumstances.  I suppose you could also file a petition for instruction and see if the court will give you any lee-weigh.  Whatever you do, I'd get a court order for cover.

On Wed, Nov 28, 2018 at 1:09 PM Brent Williams-Ruth <brent at bwrconsults.com<mailto:brent at bwrconsults.com>> wrote:
Good Afternoon List -

I have a probate that has been moving along as an intestate - two surviving siblings are splitting everything.  A copy of a valid will that says, the two brothers will split everything was found. Looked into the witnesses, both have passed.

Suggestion on process for submitting the will? Is it a Supplemental Petition? Do I really need to change the Letters of Administration to Letters Testamentary?  The current plan had us filing the Declaration of Completion in the next couple of weeks with final distribution happening in January.

Appreciate feedback.

Thank you!
Brent

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Brent Williams-Ruth
Founding Member

BWR Consulting, PLLC

Phone: (425) 830-5134

e-mail<mailto:brent at bwrconsults.com> / website<http://www.bwrconsults.com> / facebook<http://www.facebook.com/bwrconsults>
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Elizabeth G. Bateman

Associate Attorney

Admitted in Washington and Minnesota
Bateman Law Group, PLLC

999 Third Avenue, Suite 2525

Seattle, WA  98104-4089

Tel: (206) 224-0900

Fax: (206) 467-8028



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