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

Rich McEntee jrmcentee at gmail.com
Thu Apr 28 13:45:18 PDT 2022


That has been my experience as well. At least in Pierce county. 

RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com     

> On Apr 28, 2022, at 1:30 PM, Diane J. Kiepe <DJKiepe at depdslaw.com> wrote:
> 
> 
> 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
> 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 
> www.jennylinglaw.com | facebook.com/jennylinglaw/
>  
> 
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