[WSBAPT] Probate Commencement without Original Will

[Roger Hawkes]

If you don’t have the original or a copy with proof that the original was not destroyed, why not start an intestate probate, have the admin go to the box and report back to everyone what was in there; if will is found, then change to testate probate; if no will then probate is already commenced.

Roger Hawkes, WSBA # 5173
Shoreline Office: 19944 Ballinger Way NE
                                Shoreline, WA 98155
Sultan Office:        423 Main
                                 Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
[cid:image001.jpg at 01D7516F.2F379330]

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Laurel Brown
Sent: Tuesday, May 25, 2021 12:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate Commencement without Original Will

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<mailto: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<mailto: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<mailto: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

[(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<mailto:nick at pleasantslaw.com>
www.pleasantslaw.com<http://www.pleasantslaw.com>
The information contained in this e-mail message may be privileged and is confidential information intended only for the use of the recipient, or any employee or agent responsible to deliver it to the intended recipient. Any unauthorized use, distribution or copying of this information is strictly prohibited and may be unlawful.
If you have received this communication in error, please notify the sender immediately and destroy the original message and all attachments from your electronic files.


From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Amy Felt <amy at feltlaw.com<mailto:amy at feltlaw.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Tuesday, May 25, 2021 at 11:43 AM
To: "wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>" <wsbapt at lists.wsbarppt.com<mailto: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
425-780-6103
Mailing Address:
Felt Law
PO BOX 2412
Woodinville, WA 98072
Before proceeding, please note: If you are not a current client of Felt Law, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Felt Law has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Felt Law or any lawyer at Felt Law is not established until and unless Felt Law agrees to such a relationship as reflected in a separate writing.
THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS COMMUNICATION IS STRICTLY PROHIBITED.
***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<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt


--
Laurel Brown
Attorney and Counselor at Law
5071 SW Waite St.
Seattle, WA  98116
info at lbrownlaw.com<mailto:info at lbrownlaw.com>
425-361-6286
***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<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt


--
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com|<mailto:kaitlyn at dimensionlaw.com|> www.dimensionlaw.com<http://www.dimensionlaw.com/>

Covid-19 Update - Dimension Law Group remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are available via email and by phone. Videoconferencing also is available. We will continue to advise and support our clients throughout this health emergency.

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
***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<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt


--
Laurel Brown
Attorney and Counselor at Law
5071 SW Waite St.
Seattle, WA  98116
info at lbrownlaw.com<mailto:info at lbrownlaw.com>
425-361-6286
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210525/6857e7bc/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 32954 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210525/6857e7bc/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 39035 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210525/6857e7bc/image002.png>