[WSBAPT] notice of filing lost will

[Jane Bitz]

Josh:

For a Lost Will I usually send the Petition and the Declaration of the proposed PR to the heirs/beneficiaries with a copy of the Will.

The Declaration just states that after a diligent search (contacting the attorney who drafted it, if known), the original was not found and recites any evidence that the testator or testatrix did not destroy the Will with the intent to revoke it. "Mom always stated that she had a Will." Or "We reviewed her Will and she thought it was fine."

For authenticity of the copy, I usually have the attorney that drafted it sign a Declaration saying that the copy matches the copy in the attorney's file.

I have tried in the past to get beneficiaries to waive the Notice of Hearing, but usually the time passes before people sign and mail back their waivers, so I just Note the Hearing and send out the required Notice now.

Jane.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Wednesday, September 9, 2020 2:24 PM
To: wsbar trust <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] notice of filing lost will

I have a client who will attempt to probate a lost will.
RCW 11.20.070 says that:  If a will has been lost or destroyed under circumstances such that the loss or destruction does not have the effect of revoking the will, the court may take proof of the execution and validity of the will and establish it, notice to all persons interested having been first given.
I am wondering how much notice is required.
I thought I would send copies to all beneficiaries and heirs at law (same)  and I will probably set a date on which an order will be requested.
Do you think 10 days would suffice?
Josh
Joshua F. Grant
[Image removed by sender. advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

509 647 5578
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