[WSBAPT] Opening Probate in Case where Will previously filed with Court

[Diane J. Kiepe]

In the few times I have done this, I have used the Case No. assigned when the Will was filed and in my petition just note the original will is on file with the clerk under the case number.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of msafren at jennylinglaw.com
Sent: Thursday, April 28, 2022 12:53 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Opening Probate in Case where Will previously filed with Court

Hello Probate Gurus,

I had a quick question about opening probate in a case with the Decedent's Will was previously filed with the Court and a Case Number was issued.  When filing the petition should I simply file into the existing case number or because the case number was issued only for a Will filing should I open a new case with the Court for the petition to open probate?

PR and beneficiaries thought that all assets were distributed during the decedent's lifetime and thus there were no probate assets. However the PR and beneficiaries have now discovered some assets which would be subject to probate and therefore must open probate to gain access to the probate assets.  The value of the assets is larger than the small estates process would permit and therefore probate must be opened.

Matter is in King County if that matters or affects your analysis.

All suggestions, insight, and responses are welcome.  Thank you in advance.

Warmest regards,

Michael S. Safren, Esq.
Attorney at Law

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
P: (206) 859-5098 | E: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
www.jennylinglaw.com<http://www.jennylinglaw.com/> | facebook.com/jennylinglaw/<http://www.facebook.com/jennylinglaw/>


This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220428/010c4df7/attachment.html>