[WSBAPT] Probate with questionable will

[Heather de Vrieze]

If there is no difference between intestacy and the questionable Will, I would file for intestate appointment of administrator, attach the "will" as an exhibit, and state that while it confirms that the intestate plan matched the testator's wishes, you are not seeking to have the will admitted to probate. A good way not to "hide the ball", but keep things simple.

I think this only becomes problematic if you have different distribution under Will than Intestacy.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Friday, January 8, 2021 5:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Probate with questionable will

Hi Listmates,

Has anyone ever filed a probate petition in the alternative in King County, i.e., to appoint the Petitioner as Personal Representative if the filed will is considered valid, and as Administrator if it's not?  I don't need to set a hearing because my client is the only beneficiary or heir at any rate, so I will be filing ex parte via the clerk.

It's debatable whether this will is going to be considered valid, because it's a DIY form will in which the testator scratched out a number of provisions, handwrote some of it, and the two witnesses don't attest under oath (although they do say they were present when the testator signed it).

I just had an old will rejected in another case as non-self-proving (the attestation from 1988 didn't include language under penalty of perjury).  So I thought this time I might ask in the proposed order that, if the judge/commissioner decides the will isn't valid, my client simply be appointed administrator instead.  There is no one else to notify even in intestacy.  That way I won't be stuck re-filing the whole petition in intestacy.

Your thoughts would be appreciated.

Thanks,
Candace Wilkerson



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