[WSBAPT] Thurston County local practice questions

Eric Nelsen Eric at sayrelawoffices.com
Mon Jan 13 12:03:41 PST 2020


I will be filing a petition to start a probate in Thurston County for the first time. Intestate probate, and I will need to give notice to the surviving spouse.

After poking around and reviewing local rules and following several rabbit holes of links on the court website I think I have tentatively concluded:

It looks like probate procedure is largely handled under LSPR 94.00, 94.03B, 94.03C, and 98.04;
I can e-file my documents to initiate the case, so I don't need to worry about which courthouse to initially file at under LSPR 94.00(c)(2);
I need to set the hearing at the Family and Juvenile Court (FJC) location (2801 32nd Avenue SW, Tumwater 98501)  rather than the main campus courthouse (2000 Lakeridge Dr SW, Building 2, Olympia) per LCR 77(o)(1)(B), LSPR 94.00(a)(4), and LSPR 94.00(c)(1);
Filed documents must have the hearing date/time and the assigned judge in the upper left corner on the first page, per LCR 10(d)(4);
I have to provide judge copies, per LCR 5(k), on paper, at least 6 court days before the hearing per LCR 7, and it looks like I can have the Clerk's office do that for me<https://www.thurstoncountywa.gov/sc/Pages/judges-copies.aspx>;
Thurston County does not appear to have any special notice requirement so I can just give the surviving spouse the 10-day notice specified in RCW 11.28.131<https://app.leg.wa.gov/RCW/default.aspx?cite=11.28.131> (plus three days for mailing);
The Notice of Hearing<https://www.co.thurston.wa.us/clerk/Forms/notice-of-hearing-fjc-commissioners-2019-06-03.pdf> appears to limit me to having the hearing only on a Friday at 2:00 PM and only before a Commissioner at FJC;
I need to make sure there's room on the hearing date I select, using the availability chart<http://tcwebservices.co.thurston.wa.us/OdyOpenSeats/reports/CAL-Open%20Seats%2034%20FJC.pdf>.

One immediate question:

For my initial documents - petition and so forth - I probably will not have a hearing date/time figured out. Will my documents get bounced if I leave the upper left corner blank, or should I put something like "no hearing date set" in the corner?

Any comments, corrections, helpful tips from Thurston County practitioners would be gratefully accepted. Happy new year everyone--

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com

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