[WSBAPT] Discovery of will after intestate probate opened

[Eric Nelsen]

I would start with a regular petition to prove will and appoint executor as if no probate had been opened, and then add information to confirm that the estate is already open and administrator appointed, and the administrator is the named executor, and request that the Letters of Administration be cancelled and Letters Testamentary issued in their place, and that non-intervention powers be confirmed.

By statute there is no notice requirement to anyone (other than surviving spouse if any) for proving a will and granting NPs under a will, so I don't think it will hold up the estate much at all. Could be submitted ex parte.

Sincerely,

Eric

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

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Tuesday, October 20, 2020 9:21 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Discovery of will after intestate probate opened

Good morning,

We have a client who is the administrator for her father's intestate estate. She is nearing the end of probate and discovered her father's will when cleaning out his house.

Which documents need to be filed to get the will probated and keep her on as PR without holding up the process? The distributions are the same (to her and 2 siblings). I can't find the RCW or mechanics of doing this online. Thanks.

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC<http://cmslawfirm.com/>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).
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