[WSBAPT] Probate discovery v. TEDRA discovery

Wed Aug 23 09:05:00 PDT 2023

Bruce and Roger

Am I reading your notes below to indicate you open a TEDRA for the discovery process only? I'd be curious of, in that matter, discovery only, who you provide notice to as a "interested party".

Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Saturday, August 19, 2023 7:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate discovery v. TEDRA discovery

I concur.

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 Bruce Moen
Sent: Thursday, August 17, 2023 11:42 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Probate discovery v. TEDRA discovery

At common law, there is no discovery in a probate.  You start with only in rem jurisdiction to administer assets.
That said, many lawyers do issue subpoenas to banks, etc and no one seems to care.

Since TEDRA, there is a procedure to ask the court at 11.96A.115.

But even so, many lawyers just go ahead and issue discovery to banks and similar.  The banks respond and don't seem to object.

So we have a culture gap between practice and authority.

I'm conservative and follow the rules (instead of common practice)  because so much of my practice involves disputes.

  Bruce Moen

________________________________
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 Dalynne Singleton <dalynne at glgmail.com<mailto:dalynne at glgmail.com>>
Sent: Thursday, August 17, 2023 11:05 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Probate discovery v. TEDRA discovery

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

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