[WSBAPT] Thurston County local practice questions

Mon Jan 13 14:12:52 PST 2020

Eric,

Yes, you have to bring the prepared Letter to the Clerk; they don’t fill
them out any longer. Bench copies are delivered to Court Administration at
the FJC and are not done electronically. I wish they were filed
electronically.

https://www.thurstoncountywa.gov/sc/Pages/judges-copies.aspx

Regards, Tom

*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Eric Nelsen
*Sent:* Monday, January 13, 2020 1:52 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Thurston County local practice questions

Thank you Tom! So I am the one who fills out the Letters, and then I bring
that to the clerk (along with Order and oath)? In King County I just
present order and oath to the clerk and the clerk creates the Letters.

Also, you send paper bench copies? Have you decided not to use the clerk's
service for that via e-filing, or am I just wrong that it's even an option?

Sincerely,

Eric

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com

*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Tom Westbrook
*Sent:* Monday, January 13, 2020 1:04 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Thurston County local practice questions

Hi Eric,

Looks like you have it figured out. You can have a legal messenger take the
bench copies to the clerk; that’s what we do. We use ABC Legal Messengers.

You just leave the upper left hand corner hearing blank when the hearing
isn’t set yet. I would us the attached notice of hearing to send to the SS.

Then take the other attached form filled out with you and $5.00 for each
Letters of Administration you want to take with you after the hearing. You
can take the Order with you from the Commissioner’s courtroom down to the
Clerk’s office and if you haven’t filed the Oath, make sure to bring a
signed version with you.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

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Rodgers, Kee Card & Strophy, P.S.

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Phone: 360-352-8311

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Email: tjw at buddbaylaw.com

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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Eric Nelsen
*Sent:* Monday, January 13, 2020 12:04 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* [WSBAPT] Thurston County local practice questions

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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