[WSBAPT] Later Found Will

[Eric Nelsen]

I think RCW 11.20.010<https://app.leg.wa.gov/RCW/default.aspx?cite=11.20.010> still applies (duty to file original Will). And the statute you're looking for is RCW 11.28.150<https://app.leg.wa.gov/RCW/default.aspx?cite=11.28.150>:

RCW 11.28.150<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.150>
Revocation of letters by discovery of will.
If after letters of administration are granted a will of the deceased be found and probate thereof be granted, the letters shall be revoked and letters testamentary or of administration with the will annexed, shall be granted.
[ 1965 c 145 § 11.28.150<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1965c145.pdf?cite=1965%20c%20145%20%C2%A7%2011.28.150>. Prior: 1917 c 156 § 51<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1917c156.pdf?cite=1917%20c%20156%20%C2%A7%2051>; RRS § 1421; prior: Code 1881 § 1375; 1863 p 218 § 109<http://leg.wa.gov/CodeReviser/Pages/session_laws.aspx?cite=1863%20p%20218%20%C2%A7%20109>; 1860 p 180 § 76<http://leg.wa.gov/CodeReviser/Pages/session_laws.aspx?cite=1860%20p%20180%20%C2%A7%2076>.]


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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Wednesday, June 1, 2022 2:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Later Found Will

Listmates:  How do I deal with an open intestate probate when we have found the Will.  Background:  H dies in 2017.  Wife does nothing at the time but now has problem transferring real property (surprise surprise).  For various reasons (like no knowledge of a Will), we open an intestate probate without publishing notice (because, well, H died over four years ago).  We asked that everything go to W as community property because they were married for so long, and no inheritance, etc.  Well, W just found a 1986 military Will hidden in rafters of house where everything goes to her anyway.  What do you recommend I do here?  Thanks.  I know this is covered in the RCWs somewhere but I can't find it.


[cid:image001.jpg at 01D875C5.2FA1A740]

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220601/995c0602/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 14264 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220601/995c0602/image001.jpg>