[WSBAPT] notice of filing lost will

[Josh Grant]

Thanks Jane,

In going over 11.20.070 it seems to only say that the court can “take proof of the execution and validity of the will and establish it, notice to all persons interested having been first given”.  The way I read it no hearing is required, just notice.  I have received Letters T in the past by mailing copies of the will and declarations in support to ex parte, without a hearing, but I may have had all heirs sign off on it...??  For reasons, including a disabled heir, it won’t be easy getting those signatures.  But I would like to avoid a hearing.
Josh
Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Jane Bitz 
Sent: Wednesday, September 09, 2020 4:00 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] notice of filing lost will

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

 



THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION.  Any review, use, distribution or disclosure by others is strictly prohibited.  If you have received this electronic mail in error, PLEASE NOTIFY ME BY E-MAIL, FAX OR TELEPHONE and PROMPTLY DELETE this electronic mail.  This mail cannot be modified without express written consent of Wolff, Hislop & Crockett, PLLC.  Thank You.

 

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

P. O. Box 619
Wilbur, WA 99185
509 647 5578


509 647 5578



--------------------------------------------------------------------------------
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200909/8e14ca49/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: advocates[3].png
Type: image/png
Size: 7674 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200909/8e14ca49/advocates3-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 4674 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200909/8e14ca49/image001-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 26181 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200909/8e14ca49/image002-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 7534 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200909/8e14ca49/image004-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 449 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200909/8e14ca49/image006-0001.jpg>