[WSBAPT] Closing Guardianship/Opening Probate?

Sarah McCarthy sarah at kawlawyers.com
Mon Mar 13 10:53:03 PDT 2023


Tagging onto Paul --
A Snohomish County commissioner also allowed me to convert a guardianship
to a probate under the same cause number, a few years ago, before the new
statute, with no new filing fee. We closed the probate under the same cause
number.

I haven't had cause to do this yet under the new statute, but I read the
new statute as also allowing for that.

Sarah

*Sarah O’Farrell McCarthy*


*(Pronouns: she / her)*Attorney | Kelly, Arndt & Walker, Attorneys at Law,
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On Mon, Mar 13, 2023 at 10:04 AM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> Island County allowed me to convert a guardianship into a probate (about
> 15 years ago) using the same number (and no more fees!).  This is from my
> petition:
>
>
>
> WHEREFORE, Petitioner requests that an Order be entered as follows:
>
> 1.         That the above-captioned matter be converted to a probate
> proceeding under the above cause number.
>
> 2.         That the document purporting to be Decedent's Will filed in
> this Court and attached to this Petition be admitted to probate as
> Decedent's Last Will and Testament, and
>
> 3.         Appointing Petitioner as Personal Representative to serve
> without bond; issuing Letters of Testamentary in his name; adjudging the
> estate to be fully solvent; and directing that administration thereof be in
> accordance with the laws of Washington without the further intervention of
> any Court.
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Candace Wilkerson
> *Sent:* Monday, March 13, 2023 9:08 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Closing Guardianship/Opening Probate?
>
>
>
> Hi Erin,
>
>
>
> I have done one before (guardianship then probate).  The probate case is
> under a new case number, so you need to open a new case.
>
>
>
> Best,
>
> Candace Wilkerson
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Erin Fairley
> *Sent:* Sunday, March 12, 2023 2:53 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Closing Guardianship/Opening Probate?
>
>
>
> Dear Friends,
>
>
>
> I think I’m on the right track…but, would love confirmation.
>
>
>
> Guardianship is being closed due to death.  From the pattern forms, it
> looks like I can open the probate at the same time.  *When I mail the
> will in to the clerk for filing, is the Guardianship Case number the same
> as the probate case number?  *
>
>
>
> Any advice would be greatly appreciated.
>
>
>
> Thank you,
>
> Erin
>
>
>
>
>
> *Erin Fairley* / Attorney
>
> erin at leschilaw.com / (206) 353-4625
>
> *Leschi Law, PLLC*
>
> 121 Lakeside Avenue, Suite B Seattle, WA 98122
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> www.leschilaw.com
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