[WSBAPT] Question about RCW 11.12.265

Tue Oct 15 10:13:49 PDT 2019

Thanks, Doris, for the response!  I did see those instructions, but the clerk's office didn't comply with them.  They told my potential client he needed to file a motion to obtain a copy of the will, so it doesn't seem that presenting the death certificate was enough to make the will public record.

Best,
Candace

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Doris Eslinger
Sent: Friday, October 11, 2019 7:03 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question about RCW 11.12.265

If this is in King County, the court's website has instructions: https://www.kingcounty.gov/courts/clerk/documents/will-repository.aspx

And https://www.kingcounty.gov/~/media/courts/Clerk/docs/misc/WillRepositoryBrochure.ashx?la=en

On page 2 of the brochure: Steps to be taken following the death
* After the death of the testator and upon request, presentation of a certified copy of the death certificate and payment of the filing fee, the will and/or will and codicil( s) will become a matter of public record.
* The cost of the filing depends on whether the estate will be required to go through a probate proceeding or filed as a "will only" action.
* Your family will need to determine which type of filing is required for your estate. They may need to seek legal advice as to the proper filing requirements.
* Once the proper filing has been determined, they may go directly to the Seattle Courthouse to complete the filing or request the will and/or will and codicil(s) to be sent to the RJC. Call the Clerk's office for specific information for RJC pick-up.
* If you need to probate or file the will in another county or state a court order is required. (Forms are available on our website or in the Clerk's office).

Regards,

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC
2200 112th Ave NE | Suite 200 | Bellevue, WA 98004 | Phone: (425) 451-3237 |

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Candace Wilkerson
Sent: Friday, October 11, 2019 1:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Question about RCW 11.12.265

Thanks, everyone!  This sounds like a really challenging situation, and I need to get more information from the PC about what he actually asked to have done (i.e., withdrawal of the original will itself, or just access to a copy of it).  He wasn't completely clear.  I will update what I find out if he does come back to me to help him with this.

Candace

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of JOYCE SCHWENSEN
Sent: Friday, October 11, 2019 12:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Question about RCW 11.12.265

I had to do this a couple of years ago and multiple clerks at the counter in the King County Clerk's office said a court order was needed even though we were presenting the death certificate. It turned into a huge ordeal but eventually a senior official in the clerk's office agreed with me that if the testator is deceased, as established by the death certificate, then they have to unseal the file. The official promised to re-educate the clerk's office staff around this issue. Hopefully the system is now working as intended.

Joyce

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Candace Wilkerson
Sent: Friday, October 11, 2019 11:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Question about RCW 11.12.265

Hi Listmates:
I am trying to interpret this statute, which appears to contradict itself, because I have a potential client who is trying to retrieve his deceased wife's will from the repository, and may not need to probate the will.
RCW 11.12.265<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.265>
Filing of original will with court before death of testator.
Any person who has custody or control of any original will and who has not received knowledge of the death of the testator may deliver the will for filing under seal to any court having jurisdiction. The testator may withdraw the original will so filed upon proper identification. Any other person, including an attorney-in-fact or guardian of the testator, may withdraw the original will so filed only upon court order after showing of good cause. Upon request and presentation of a certified copy of the testator's death certificate, the clerk shall unseal the file. This section does not preclude filing a will not under seal and does not alter any duty of a person having knowledge of the testator's death to file the will.

The statute indicates that only upon a motion and showing of good cause will the original will be withdrawn after the testator's death.  But then it says the clerk shall unseal the file upon presentation of a certified copy of the death certificate.  Does this mean the clerk will take that action only after receiving the court's order that the will be withdrawn?  And is such a motion filed with notice to all will beneficiaries (if the person knows the contents of the will) and/or heirs of the deceased, or can it be done ex parte with a certified copy of the death certificate?
For some reason I've never had to deal with this, so any guidance would be appreciated.
Thanks,
Candace Wilkerson
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