[WSBAPT] Probate Commencement without Original Will

[Laurel Brown]

Nice.

On Wed, May 26, 2021 at 11:48 AM Josh Grant <jgrant at accima.com> wrote:

> 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*
> [image: advocates]
> 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
>>
>>
>>
>> *[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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>> Felt Law
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>> --
>>
>> Laurel Brown
>>
>> *Attorney and Counselor at Law*
>>
>> *5071 SW Waite St.*
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>> --
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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*
>>
>> *425-361-6286*
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>
>
> --
> Laurel Brown
> *Attorney and Counselor at Law*
> *5071 SW Waite St.*
> *Seattle, WA  98116*
> *info at lbrownlaw.com*
> *425-361-6286*
>
> ------------------------------
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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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