[WSBAPT] Codicil, but no Will

[Peter D. Haroldson]

Hello Colleagues:

I am handling an estate where the client has decedent's validly executed codicil, but cannot find the decedent's will that it alters, nor a copy of the will.

The main asset in the estate is a piece of real property that is disposed of by the codicil, devised to grandchild.

Involved parties are agreeable.  The decedent has one intestate heir (child) who would agree to the probate of the codicil, and would disclaim whatever residuary assets there are to grandchild (her only heir) who is also the beneficiary of the codicil.  Goal is to get everything to grandchild.

Can the codicil stand on its own without the will?  Would the property not disposed of by the codicil be disposed of under the laws of intestacy and thus require a disclaimer?

This sounds like some combination of a probate, disclaimer, and / or NJDRA.  Has anyone handled such a situation before and would share what they did?

Thanks,

Peter D. Haroldson
Torres & Haroldson, PLLC
PO BOX 530
Maple Valley, WA 98038
Email: peter at torresharoldson.com<mailto:peter at torresharoldson.com>
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Phone: 425.458.3170

Our office is located at 22520 SE 218th Street, Maple Valley WA 98038.  Please send mail to PO BOX.

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