[WSBAPT] pleadings to probate lost will

[Heather de Vrieze]

I believe that some proof of authenticity of the witness signatures is required. Of course, agreement makes these things easy. I have admitted several copies to probate just in the last several months, each time we had consents from all interested parties (heirs and named beneficiaries).

Heather

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
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heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mike Winslow
Sent: Thursday, February 27, 2020 12:18 PM
To: cole-gilday at stanwoodlaw.net; 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] pleadings to probate lost will

My review of the applicable law shows that a hearing with notice to the heirs at law would be mandatory. 11.20.070.
My concern is with validity of the self-proving affidavit. This is part of the copy of the Will. Obviously a copy of the affidavit.

My concern is whether I need to run down a subscribing witness to testify to authenticity of signatures on the self-proving affidavit or if the surviving spouse can authenticate the signature of testator. I could see a could requiring testimony of a witness. See 11.20.070(1) and 11.20.020.

And the timing of a notice of hearing does not appear to be addressed in 11.20.070.  11.28.131, while not specific to this issue, says ten days. Otherwise, it appears we go by 11.96A.100. any thoughts on this notice requirement would be appreciated.
Mike

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Robert R. Cole
Sent: Thursday, February 27, 2020 11:50 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] pleadings to probate lost will


A Snohomish County Commissioner also rejected my application (which had all the statutory requirements) and required a memorandum of law and a noted hearing.  Not necessarily a  user friendly court....
Very Truly Yours,
Robert R. Cole
Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)

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On 2/27/2020 11:31 AM, Dalynne Singleton wrote:
I have shared my pleadings with Mike in a separate email.  I had a Snohomish Commissioner reject my copy of will petition so was able to develop pleadings which conformed with the statute requirements and it was later accepted.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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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 Mike Winslow
Sent: Thursday, February 27, 2020 11:21 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] pleadings to probate lost will

After 38 years of law practice, I have a probate involving a lost original will. We have a photo copy, with signatures, including witnesses. Preparing attorney is retired. Surviving spouse says she thinks attorney sent them the originals, but she cannot find them, nor a transmittal letter from attorney. Spouse had the photo copy in her possession. Says she and H had not been to an attorney to make changes or new wills since the time of creating the Will for which there is a copy. Seems straight forward enough.

If someone could share a copy of their petition and order, together with supporting pleadings that would be most appreciated.
M.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>

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