[WSBAPT] Probate Commencement without Original Will
Josh Grant
jgrant at accima.com
Wed May 26 11:44:48 PDT 2021
Just last week I was able to have the bank which had the box look inside and see about an original will, and all I had to show the bank was an unsigned file copy of the will. PR got the will and off we go.
Joshua F. Grant
P. O. Box 619
Wilbur, WA 99185
509 647 5578
From: Laurel Brown
Sent: Tuesday, May 25, 2021 3:59 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Probate Commencement without Original Will
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
Shoreline, WA 98155
Sultan Office: 423 Main
Sultan, WA 98294
Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com
Web site: www.hawkeslawfirm.com
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
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.
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Felt Law
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Redmond, WA 98052
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info at lbrownlaw.com
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