[WSBAPT] Probating copy of will

Thu Jan 28 10:39:42 PST 2021

The courts and commissioners are definitely requiring more in the last few years than they did before on admitting to probate copies of Wills.
I recently reformatted my Petitions and Declarations to admit to probate copies of Will when two of mine were rejected in Snohomish and King County.  If you want to email me directly, I can send to you what was accepted in my case.
The real issue seems to be having someone be able to verify several key issues so I now submit Declarations for authenticity and why original was lost or circumstances surrounding losing the original.
The commissioner required a hearing to be noted and provided to all heirs in one case but I received waivers of notice and hearing in the other one.
RCW 11.20.070<http://app.leg.wa.gov/RCW/default.aspx?cite=11.20.070>
Proof of lost or destroyed will.
(1) 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. The proof must be reduced to writing and signed by any witnesses who have testified as to the execution and validity, and must be filed with the clerk of the court.
(2) The provisions of a lost or destroyed will must be proved by clear, cogent, and convincing evidence, consisting at least in part of a witness to either its contents or the authenticity of a copy of the will.
(3) When a lost or destroyed will is established under subsections (1) and (2) of this section, its provisions must be distinctly stated in the judgment establishing it, and the judgment must be recorded as wills are required to be recorded. A personal representative may be appointed by the court in the same manner as is herein provided with reference to original wills presented to the court for probate.
[ 1994 c 221 § 20<http://lawfilesext.leg.wa.gov/biennium/1993-94/Pdf/Bills/Session%20Laws/House/2270-S.SL.pdf?cite=1994%20c%20221%20%C2%A7%2020>; 1965 c 145 § 11.20.070<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1965c145.pdf?cite=1965%20c%20145%20%C2%A7%2011.20.070>. Prior: 1955 c 205 § 1<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1955c205.pdf?cite=1955%20c%20205%20%C2%A7%201>; 1917 c 156 § 20<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1917c156.pdf?cite=1917%20c%20156%20%C2%A7%2020>; RRS § 1390; prior: Code 1881 § 1367; 1860 p 177 § 70<http://leg.wa.gov/CodeReviser/Pages/session_laws.aspx?cite=1860%20p%20177%20%C2%A7%2070>.]

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com

As we face the challenges presented by COVID-19, we have limited staffing in the office to maintain critical functions. Attorney/client meetings will be handled by teleconference or virtually whenever possible.  Be assured that we will continue to advise & support our clients throughout this health emergency.  If you would like to set a telephone conference, please email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or dara at glgmail.com<mailto:dara at glgmail.com>.

Please be advised, we are requiring all clients with scheduled appointments coming in, as well as our staff, to be prepared to wear a face mask or adequate covering during all in office interactions.

LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[cid:image001.png at 01D6F561.02991CF0]  [Rated by Super Lawyers] <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=>       [cid:image004.png at 01D6F561.E2465020]  [cid:image006.jpg at 01D6F561.E2465020]

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eden Rubenstein Toner
Sent: Thursday, January 28, 2021 10:00 AM
To: WSBA PT list <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Probating copy of will

Colleagues:  I am trying to get a copy of a Will admitted to probate.  I have filed a Petition noting that it's a copy, and Waivers and Consent to Entry of an Order Admitting the Will from all the heirs, and a Declaration from the drafting attorney to the effect that it had not been changed and that it represented the decedent's last wishes.  The court rejected the Petition, noting that "the Will is a copy".  I have had copies admitted a few times over the past 30 years using these procedures.  I don't know if policy has changed, or if we have some unseasoned commissioners, or what.  The Will would distribute the estate differently from an intestate administration, so it is important to get the Will admitted. I'm looking for any suggestions on how to proceed.
Thank you,
Eden

Eden Rubenstein Toner
Attorney at Law
Mail only:  21301 Hwy 410 E, #140
Bonney Lake, WA  98391
Phone 206-953-4485
www.edenrtoner.com<http://www.edenrtoner.com>
     IMPORTANT:  This e-mail message is intended to be confidential, only for the use of the intended recipient(s).  If you are not the intended recipient, or if this message has been addressed to you in error, please notify me by return e-mail, then destroy all copies of the message and its attachments, if any.  Your cooperation is greatly appreciated.
     NOTE:  My email is not encrypted.  Please contact me before sending sensitive information.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210128/7ccdd44e/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 5410 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210128/7ccdd44e/image001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 1524 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210128/7ccdd44e/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 20652 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210128/7ccdd44e/image004.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 3112 bytes
Desc: image006.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210128/7ccdd44e/image006.jpg>