[WSBAPT] Probate Commencement without Original Will

Tue May 25 15:59:31 PDT 2021

In my particular case of last year, the sibling/beneficiary (#1) who swore
there was a Will in the safety deposit box also swore that the
decedent/father had disinherited the other two siblings/beneficiaries and
had named him (#1) as the PR.

This sibling/beneficiary would not sign a PR waiver until I could show him
pictures of the empty deposit box.  There were also some substance abuse
issues with respect to #1.

Best,

Laurel

On Tue, May 25, 2021 at 2:11 PM Roger Hawkes <Roger at law-hawks.com> wrote:

> 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
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>
> *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>
> 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
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> (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.
>
>
>
> --
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> Laurel Brown
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> *Attorney and Counselor at Law*
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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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