[WSBAPT] Ex Parte in King County

Fri Dec 29 11:15:03 PST 2023

I regularly open probates in Spokane County, where I can file, walk down to ex parte and present my Order, then go back to the Clerk’s office and obtain Letters within the space of an hour. 

I appreciate being there in open court to answer any questions the Commissioner might have or if there is an error in the Order, then it can often be corrected on the spot rather than have those documents sent back in the mail and have the whole process delayed for a week or more. I had a matter to open in King County last year that they kicked out of the system because of a typo, then we I re-submitted a corrected Order they just sent that back too without explanation. It took two weeks to get sorted out when here in Spokane I could have been done the same day.

Also, with regard to publishing Notice to Creditors when you open probate in a county other than that of the decedent’s residence, the Notice should be published where the decedent resided per RCW 11.40.020 (2) which states:

If the decedent was a resident of the state of Washington at the time of death and probate proceedings are commenced in a county other than the county of the decedent's residence, then instead of the requirements under subsection (1)(a) and (b) of this section, the personal representative shall cause the notice to creditors in substantially the form set forth in RCW 11.40.030 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.030> to be published once each week for three successive weeks in a legal newspaper in the county of the decedent's residence and shall file the notice with the superior court of the county in which the probate proceedings were commenced.

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>

> On Dec 27, 2023, at 5:09 PM, Diane J. Kiepe <DJKiepe at depdslaw.com> wrote:
> 
> Just a reminder that a probate can be opened in any county under the RCWs.  Spokane is still walk in and walk out in most instances – sometimes 2 days and getting more busy.  That being said, I have opened probates for residence in other counties here and just add language to my petition that shows the court the basis for its authority and note where the decedent died.  Then, my notice to creditors is filed in the location where real property exists.  So, for example, I have a Spokane case now where we filed the notice in King County.
>  
>  
> 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 <mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Shannon Jones
> Sent: Tuesday, December 26, 2023 10:32 AM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>>
> Subject: Re: [WSBAPT] Ex Parte in King County
>  
> I open probates which do not require a hearing in Pierce County completely online. Open the case by filing your petition online thru LINX, then mail original Will to clerk for filing with the new case cause number. As soon as Will is filed, submit your order “exparte through the clerk” for a nominal fee and you’ll have the order electronically signed and emailed to you usually the very same day. Then you can purchase Letters online that are mailed to you by the clerk - Shannon
>  
> 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 Brent Williams-Ruth
> Sent: Tuesday, December 26, 2023 10:24 AM
> To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com <mailto:WSBAPT at lists.wsbarppt.com>>
> Subject: [WSBAPT] Ex Parte in King County
>  
> Greetings List members who practice in King County - 
>  
> I just discovered that there is NO MORE option for a drop-in probate opening. The only way you get in front of a commissioner is through Ex Parte Via the Clerk OR with a scheduled hearing. 
>  
> Prior to COVID, I would just drop into the Courthouse to open probates, walk out with a signed order and Letters Testamentary. No more. 
>  
> ALSO - the cut-off deadline for expedited is 3:30 p.m.  Also to know about the expedited offerings, that is just the promise from the Clerk's office that they will take it to a Commissioner/Judge but no guarantee that it will actually be seen that day or the next.  Current record for an "expedited" case was five court days before the letters and signed order showed up in my inbox. 
>  
> Considering that opening a probate in King County, with expedited and getting two letters is now more than $300 - I am curious if Pierce County allows for drop-in ex parte openings. I am more than happy to take my money to another county. 
> Brent Williams-Ruth (pronouns: he/him)
> Attorney-At-Law
> 
> Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC
> 
> Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003
> 
> **EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063 
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> e-mail <mailto:Brent at Williams-RuthLaw.com> / website <http://www.williams-ruthlaw.com/> / facebook <http://www.facebook.com/bwrlaw> / 
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