[WSBAPT] Clerk Lost the Will

Fri Feb 26 13:00:10 PST 2021

A number of years ago in King County I had to open a probate after the will had been filed some years before.  Clerk’s office went on a tear for a period of time and was shredding original wills (about 18 month’s worth of filings).  Mine was one of them.  I asked clerk’s office if they would do an affidavit stating will was destroyed by them and short answer was no.  Commissioner made me proceed with Lost Will procedure even though the courthouse “lost” the will.  Thank goodness we were able to find witnesses.

It was frustrating to say the least.

Kristin Lillquist Reeder
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of jbdolan at jbdolan.com
Sent: Friday, February 26, 2021 9:10 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Clerk Lost the Will

Maybe have the Clerk sign the affidavit stating that the Clerk’s office lost the Will. 😊

-jbd-

===================

Jones Butler Dolan, PS
www.jbdolan.com<http://www.jbdolan.com>
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Mount Vernon

P.O. Box 2784
415 Pine Street
Mount Vernon, WA 98273
Telephone: 360-336-2939
Facsimile: 360-336-2949

Stanwood

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10027 - 269th Place NW (SR 532)
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of John J. Sullivan
Sent: Friday, February 26, 2021 8:42 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Clerk Lost the Will

Wow. Glad to say I haven’t run into this.

I would probably try submitting a variation on the typical affidavit used in a lost will case, stating that the original was lost by the clerk and not “under circumstances indicating revocation” because the testator/testatrix was already dead and even with Zoom there’s been no contact by the living with him/her/them.

I would strenuously object to having to submit a whole substitute Petition as if the decedent or I list the Will.

Someone’s head should roll at the Clerk’s Office and they should review their practices, now that we cannot present in person.

My two cents.

John J. Sullivan
Sent from my iPhone

On Feb 26, 2021, at 8:33 AM, Mark Reinhardt <MReinhardt at rehberglaw.com<mailto:MReinhardt at rehberglaw.com>> wrote:

Dear Listmates:

One of my colleagues has a situation with the King County Clerk’s Office:

Two wills were provided to the King County Clerk’s Office through legal messenger service.  Firm received a phone call from member of Clerk’s Office that Wills were received but lost and requested Firm send in copies.  Copies were sent and the Firm received a call from Clerk’s Office asking about the originals.  Firm informed Clerk’s Office that they misplaced them and it should not be the fault of the firm or the client that an Original is not available to be filed.  Firm suggested that copies be considered originals as the misplacement was not the fault of Firm or client and they client should not have consequences for actions not theirs.  Clerk’s’ Office spoke with supervisor and informed Firm that Firm would need to obtain Court Order to get the copies certified as original and there was nothing else to be done.

Has anyone faced this issue?

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