[WSBAPT] Statute/Rule source for exemplified copies

Thu Jul 7 15:57:29 PDT 2022

If an original Will is filed in one County and you want to open probate in another County in WA, the new County requires the Exemplified copy.
In addition, if you have an out of state Will filed in another State, the WA county for the ancillary probate will require the Exemplified copy.
My experience has resulted in having to do both.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.1717  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
As we face the challenges presented by COVID-19, Attorney/client meetings will be handled by teleconference or virtually whenever possible.  I am working remotely and available by email, telephone, in-person or zoom.  If you would like to set a conference with me, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com>, angelina at glgmail.com<mailto:angelina at glgmail.com> or cameron at glgmail.com<mailto:cameron at glgmail.com>.
LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[cid:image001.png at 01D8921A.41E4AC60][cid:image002.gif at 01D8921A.41E4AC60]   [Rated by Super Lawyers] <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Andrekita Silva
Sent: Thursday, July 7, 2022 3:49 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Statute/Rule source for exemplified copies

Law Office of
F.ANDREKITA SILVA
_______________________________________________________

July 7, 2022

Eric,

In my experience, a plain copy is just that.  A plain copy with nothing on it from anyone saying that the copy is a true and accurate copy of the original.

A certified copy bears a stamp by the Clerk of the Court, signed by the Clerk of the Court, saying that they reviewed the copy they are giving you, that it is a true and accurate copy of what is in the court file.

I’m sure I’ve never been asked an “exemplified” copy of anything.

However, I have had to secure an “Apostilled” copy of an already certified copy of a court order. The “apostilled” copies are required by foreign courts. It swears to the authenticity of the judge’s signature and swears to his position (as judge) and appropriateness to act.

In my case, the Clerk of the U.S. court executed a certificate ( or separate half sheet of paper.) The certificate swearing to the above (signature authenticity & appropriateness to act.)

When I secured an apostilled order, the clerk took a little box out from her drawer.  It had a card for every judge in the court house. The card was dated, identified the judge, address of court, etc. and bore the judge’s original signature. This signature card must have an expiration date because in our case, the judge’s card had just expired.  We had to wait while the clerk’s office tracked down the judge and renewed his card. The clerk compared the handwriting on his card to the handwriting on the order that required being “apostilled.”  The certificate of apostille was then stapled to the already certified copy of court order.

I suspect an exemplified copy is roughly equivalent to an apostilled document and perhaps been used in similar circumstances.

 andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com<http://www.seattle-silvalaw.com>

Quoting Eric Nelsen <eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>>:
From page 22 of this King County Court PDF thingie<https://kingcounty.gov/~/media/courts/Clerk/ecr-library/how-does-ecr-work/communication/public/ecrappdja.ashx?la=en>:

What is the difference between exemplified, certified and plain copies?

Exemplified copies – Clerk statement, Presiding Judge statement and raised seals attesting to the authenticity in accordance with Certificate of Exemplification U.S. Code (1776) Title 28; Section 738 RCW 2.32.050 & RCW 5.44.010).

Certified copies – Documents from the official court record stamped with a statement of authenticity and the King County Superior Court seal, signed and dated by a deputy clerk or clerk of King County Superior Court.

Plain copies – a standard copy of the document without any clerk seals, signatures or statements to its authenticity

Sincerely,

Eric

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Marcus J. Fry
Sent: Thursday, July 7, 2022 1:01 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Statute/Rule source for exemplified copies

Does anyone have a statute or rule that you can direct me to that shows the requirements in Washington for an exemplified copy?  I tried performing a search and had no luck.  Out of state court clerk is requiring source of validity of process because apparently out of state court uses 3 seals and our Washington court clerks use only 2.

-Marcus

Marcus J. Fry
Attorney | Witherspoon • Kelley
mjf at witherspoonkelley.com<mailto:mjf at witherspoonkelley.com> | Attorney Profile<https://www.witherspoonkelley.com/marcus-j-fry> | vCard<https://www.witherspoonkelley.com/s/mfj.vcf>

[cid:image004.png at 01D8921A.41E4AC60]

222 N. 3rd Street
Yakima, WA 98901
(509) 248-7220 (office)
(509) 575-1883 (fax)
witherspoonkelley.com

Confidentiality Notice: The information contained in this email and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return email, and delete the original message and all copies from your system. Thank you.

andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com<http://www.seattle-silvalaw.com>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220707/6b476a99/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 5410 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220707/6b476a99/image001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.gif
Type: image/gif
Size: 4747 bytes
Desc: image002.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220707/6b476a99/image002.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 1524 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220707/6b476a99/image003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 7508 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220707/6b476a99/image004.png>