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

Wed Nov 28 15:31:47 PST 2018

"Probate" has multiple meanings. In this context "probate" means "proving" of the Will ("probate or rejection thereof," with "thereof" meaning "the Will"), not the more generic meaning of "probate administration." An intestate administration technically is not a probate, even though everyone calls it that.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Diane J. Kiepe
Sent: Wednesday, November 28, 2018 3:12 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Will Found....how to file?

Thank you,

And I promise, I'm not trying to be difficult here - but the note below states 4 months from the Probate - the probate was commenced on the appointment of the PR right?  Wouldn't any filing relate back?  I don't believe the probate itself is not valid because a subsequent Will is found.  I sort of compare this to a case I had seen where the spouse had priority to serve but someone else was appointed, spouse went in and had herself appointed - in that case would you say the 4 months starts over because new PR serves notice of appointment?

Again, thanks!

Diane

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Elizabeth Bateman
Sent: Wednesday, November 28, 2018 2:48 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Will Found....how to file?

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<mailto: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> [mailto: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
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Phone: (425) 830-5134

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Elizabeth G. Bateman

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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

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.
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