[WSBAPT] Probate Commencement without Original Will

Tue May 25 12:35:02 PDT 2021

Yes.  The probate I used this process on last year was just such a case.
One of the three beneficiaries (siglings) swore that the decedent (father)
had had a will executed and that it was in the safety deposit box.  I
petitioned the Court for an Order to access the box on the belief of this
beneficiary.  Turned out that when I took the order to the bank, we opened
the box and it was completely empty.
I then petitioned the Court to open an intestacy probate and appoint as PR
the beneficiary that was willing to take this role on (with waivers from
the other two siblings).  Process went very smoothly.

Best,

Laurel

On Tue, May 25, 2021 at 12:29 PM Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
wrote:

> Can this process be used to open the safety deposit box regardless of
> whether or not we know the will is in there?
>
> On Tue, May 25, 2021 at 12:10 PM Laurel Brown <laurel.brown8385 at gmail.com>
> wrote:
>
>> I agree with Nicholas.  I used this process last year with a probate
>> where the Will was supposed to have been in the decedent's safety deposit
>> box.
>>
>> Best,
>>
>> Laurel
>>
>> On Tue, May 25, 2021 at 11:59 AM Nicholas Pleasants <
>> nick at pleasantslaw.com> wrote:
>>
>>> It has been a few years since I have done this, but my recollection is
>>> that you do not file a normal probate petition but file only a Petition for
>>> Order to Open Safety Box. See templates at
>>> https://www.wa-probate.com/instructions/opening/access-safety-box/
>>> You’ll pay the $240 filing fee and get a probate cause number. You will
>>> then file a petition to appoint PR/admit will once you have the original
>>> will or decide to proceed a different way.
>>>
>>> Best,
>>>
>>> Nick
>>>
>>>
>>>
>>> *Nicholas Pleasants*
>>>
>>> Owner
>>>
>>>
>>>
>>> *[image: (Logo) Pleasants Law Firm]* <http://www.pleasantslaw.com/>
>>>
>>>
>>>
>>> Pleasants Law Firm, P.S.
>>> 2300 130th Ave NE, Suite A-101
>>> Bellevue, WA 98005-1755
>>> (425) 615-7070 tel/fax
>>> nick at pleasantslaw.com
>>>
>>> www.pleasantslaw.com
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>>> *From: *<wsbapt-bounces at lists.wsbarppt.com> on behalf of Amy Felt <
>>> amy at feltlaw.com>
>>> *Reply-To: *WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>>> *Date: *Tuesday, May 25, 2021 at 11:43 AM
>>> *To: *"wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
>>> *Subject: *[WSBAPT] Probate Commencement without Original Will
>>>
>>>
>>>
>>> I have a PC that cannot access the Safe Deposit Box where the original
>>> Will of the deceased is located.  We have a copy. Do I file the Probate and
>>> indicate the original will be filed once it is retrieved from the Safe
>>> Deposit Box?  Just looking for suggestions on the best way to proceed.
>>>
>>>
>>>
>>> --
>>>
>>> Felt Law
>>>
>>> Amy Felt - Attorney
>>>
>>> 10675 Willows Rd. NE, Suite #250
>>>
>>> Redmond, WA 98052
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>>
>>
>> --
>> Laurel Brown
>> *Attorney and Counselor at Law*
>> *5071 SW Waite St.*
>> *Seattle, WA  98116*
>> *info at lbrownlaw.com <info at lbrownlaw.com>*
>> *425-361-6286*
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>
>
>
> --
> Thank you,
>
> Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
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-- 
Laurel Brown
*Attorney and Counselor at Law*
*5071 SW Waite St.*
*Seattle, WA  98116*
*info at lbrownlaw.com <info at lbrownlaw.com>*
*425-361-6286*
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