[WSBAPT] Accessing decedent's home safes during probate

Dalynne Singleton dalynne at glgmail.com
Wed May 25 11:24:51 PDT 2022


I agree with Jeff and would add that you can also ask the court to provide authority to hire someone if needed to open the safe in the home (a lot like authority to get into safe deposit box or storage unit).

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, May 25, 2022 11:17 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Accessing decedent's home safes during probate

I would file testate using a copies of the Will and Codicil, and tell the court the originals will be filed once obtained.

Jeff

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
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email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
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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 Suzanne Lieberman
Sent: Wednesday, May 25, 2022 11:03 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Accessing decedent's home safes during probate

Hello,

We have a client PR whose mother left an original will and codicil in a safe(s) to which the 3 daughter beneficiaries currently have no access. Everything would otherwise go just to the 3 daughters, but there is a testamentary trust in the will and the girls are all between 20 and 30 and the distributions are spread out over this time period with certain conditions. There are likely other instructions and personal property items in the safes as well.

Should we open an intestate probate and then use the Letters for the PR daughter to get access to the will and codicil/probate those originals? Or file testate and explain that the originals are in the safes at home and then file the original will and codicil?

Best,

Suzanne Lieberman
CMS Law Firm LLC<http://cmslawfirm.com/>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


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