[WSBAPT] Accessing decedent's home safes during probate

[Jade Coppieters]

You can obtain an order to open the safe deposit box.

(d) Order for Production of Wills. Upon filing any petition showing jurisdictional facts as to the estate of a deceased person and alleging that it is believed that a will exists and is in a safety deposit box to which the deceased had access, any person having control of such safety deposit box may be directed by court order to open such box in the presence of the petitioner, and if a document purporting to be a will of the deceased is found, the custodian of such safety deposit box shall deliver the same to counsel for the petitioner for immediate filing or to the clerk of the court.

King County Local Rule 98.04(d)


J. M. Coppieters, Esq.
Phone: 206-236-1500
Fax: 206-905-5912

From: wsbapt-bounces at lists.wsbarppt.com <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
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)


Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).
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