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

[Elizabeth Bateman]

The will itself takes 4 months to become final if it is probated under RCW
11.24.010:

RCW 11.24.010 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.24.010>
Contest of probate or rejection—Limitation of action—Issues.
If any person interested in any will shall appear within four months
immediately following the probate or rejection thereof, and by petition to
the court having jurisdiction contest the validity of said will, or appear
to have the will proven which has been rejected, he or she shall file a
petition containing his or her objections and exceptions to said will, or
to the rejection thereof. Issues respecting the competency of the deceased
to make a last will and testament, or respecting the execution by a
deceased of the last will and testament under restraint or undue influence
or fraudulent representations, or for any other cause affecting the
validity of the will or a part of it, shall be tried and determined by the
court.
For the purpose of tolling the four-month limitations period, a contest is
deemed commenced when a petition is filed with the court and not when
served upon the personal representative. The petitioner shall personally
serve the personal representative within ninety days after the date of
filing the petition. If, following filing, service is not so made, the
action is deemed to not have been commenced for purposes of tolling the
statute of limitations.
If no person files and serves a petition within the time under this
section, the probate or rejection of such will shall be binding and final.

On Wed, Nov 28, 2018 at 2:40 PM Diane J. Kiepe <DJKiepe at depdslaw.com> wrote:

> 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>
> 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
>
>
>
> --
>
> *Brent Williams-Ruth*
> *Founding Member*
>
> *BWR Consulting, PLLC*
>
> Phone: (425) 830-5134
>
> e-mail <brent at bwrconsults.com> / website <http://www.bwrconsults.com> /
> facebook <http://www.facebook.com/bwrconsults>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
>
>
>
> --
>
> 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
>
>
>
> This email is covered by the Electronic Communications Privacy Act, 18 USC
> Sections 2510-2521 and is legally privileged. This information is
> confidential and is intended only for the use of the individual or entity
> named above. If the reader of this message is not the intended recipient,
> you are hereby notified that any dissemination, distribution, or copying of
> this communication is strictly prohibited. If you think that you have
> received this email message in error, please notify the sender via email or
> by telephone at (206) 224-0900.
>
>
> IRS CIRCULAR 230 NOTICE - Pursuant to requirements related to practice
> before the Internal Revenue Service, any tax advice contained in this
> communication (including attachments) is not intended to be used, and
> cannot be used, for purposes of avoiding penalties imposed under the United
> States Internal Revenue Code or promoting, marketing or recommending to
> another person any tax-related matter.
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt



-- 

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



This email is covered by the Electronic Communications Privacy Act, 18 USC
Sections 2510-2521 and is legally privileged. This information is
confidential and is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of
this communication is strictly prohibited. If you think that you have
received this email message in error, please notify the sender via email or
by telephone at (206) 224-0900.


IRS CIRCULAR 230 NOTICE - Pursuant to requirements related to practice
before the Internal Revenue Service, any tax advice contained in this
communication (including attachments) is not intended to be used, and
cannot be used, for purposes of avoiding penalties imposed under the United
States Internal Revenue Code or promoting, marketing or recommending to
another person any tax-related matter.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/5e349ee4/attachment.html>