[WSBAPT] sol on intestate

[Bruce Moen]

Hi Roger,

Heather is correct.  Doesn’t matter if testate or intestate, a newly discovered Will is not a contest within 11.24.

Upsetting and disruptive maybe if a totally different estate plan and partial distributions have been made under the earlier Will.  But that’s just life in Probateland.

In Re Campbell's Estate, 46 Wn.2d 292, 280 P.2d 686 (1955) regarding the admission of a later Will

  Bruce Moen


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Wednesday, June 21, 2023 9:22 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] sol on intestate

Sounds right, but weird😊

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 Heather de Vrieze
Sent: Wednesday, June 21, 2023 8:47 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; Real Property Listserve <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] sol on intestate

My understanding is that presentation of a “discovered” will can happen anytime before a probate is completed and closed, that there is no sol.

Heather

Heather S. de Vrieze
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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 Roger Hawkes
Sent: Wednesday, June 21, 2023 8:24 AM
To: Real Property Listserve <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; Probate and Trust Listserve <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] sol on intestate

Is there a time limit for contesting an intestate probate?  Assume a lost will, children commence probate as intestate, PR appointed and work partly done,  or completed, then a child finds what appears to be a valid will; what then?

Roger Hawkes, WSBA # 5173
Sky Valley Lawyers, PLLC
Physical Address: 423 Main Street
Mailing Address:   Box 351
Both in Sultan, WA 98294
Phone 360 799 6438
Email: roger at skyvalleylawyers.com<mailto:roger at skyvalleylawyers.com>

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