[WSBAPT] Division One Case re: Duty to Initiate Probate

[Sullivan, Brett]

Hello listserv-

I read *In re the Estate of Lillian Mae Tymony* today (an unpublished
Division One case announced today) and was troubled by a position that the
court seemed to take as described on page 17. The court stated that "[i]n
its oral ruling, the [trial court] referenced RCW 11.20.010, which creates
a duty for the executor of a will *to initiate probate* within 40 days of
notice of the death of the testator and establishes liability to parties
aggrieved by any willful disregard of that duty." (Emphasis added).

I don't read RCW 11.20.010 that way; rather, I read it as creating a duty
on the custodian of a will to file it with the court within 40 days (if the
custodian is the "executor," then the executor has to file it). However,
some wills don't need to be probated. The clerks of the Superior Court (at
least in Spokane County) anticipate this fact by allowing for a "will only"
filing. I'm generally confused as to where this "duty to initiate probate"
arises.

Does anyone else read this statute differently than how I read it?

Thank you.

PS: Here's a link to this opinion:
https://www.courts.wa.gov/opinions/pdf/829092.pdf

*Brett T. Sullivan*
Attorney at Law
Partner

*Lucent Law, PLLC <https://lucentlaw.com/>*
*South Hill Office*
1403 S. Grand Blvd., Suite 201-S
Spokane, WA  99203-2278

P: (509) 455-3713
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*Paralegal*
*Candy Mann*
P: (509) 455-3713
D: (509) 316-2128
F: (509) 455-3718
E: candy at lucentlaw.com


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