[WSBAPT] Probate discovery v. TEDRA discovery

[Dalynne Singleton]

I have reviewed RCW 11 and 11.96A and I know and have done discovery in TEDRA as discovery is allowed which encompasses subpoena powers, issuing subpoena duces tecum, deposition, interrogatories, etc.
BUT, in a probate cause - what discovery is allowed?

In probate (not TEDRA), I have had occasion to issue a SDT to a bank and send to all counsel/heirs to object under CR 45.  If no objection, then I issue the SDT and get bank records, usually to discover if JWROS, TOD accounts, access to bank records of decedent, etc.  I remember awhile back, someone posted authority that they believed there is no discovery allowed in probate w/o court order but can't find that old post.

Anyone have an opinion on this issue and how you approach needing records in a probate cause?

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
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