[WSBAPT] Ancillary Probate of Foreign Language Will?

[John Sullivan]

Listmates:

Does anyone have experience opening an ancillary probate here in WA with a foreign language will admitted to administration in the courts of another country? Specifically, I have a case where the decedent died resident in Japan with a will in Japanese admitted in their courts. Decedent left a couple of bank accounts here in WA that exceed the Small Estate Affidavit ceiling and are probate assets. Bank requires Letters.

I have reviewed RCW 11.20.090, but could use some guidance in terms of the nuts and bolts of what the Clerk and the Commissioner expect. The one disadvantage of EPVC is not being able to discuss issues with the Commissioner and sometimes fixing them on the fly. Here are my questions:


  1.  I understand I need a copy of the will (which is in Japanese) and a copy of the original record (order) from the Japanese court admitting it. Both need to be "certified by the attestation of the clerk of court ...." Does this mean a certified copy? Or something more? Is an apostile required?
  2.  I assume I need English translations of both the will and the order. What are the requirements of that? Do I need some sort of declaration from the translator certifying that the translation is "true, accurate and complete?" Do I need credentials of the translator? Is there a court rule or statute laying out how to present translations?
  3.  The will is "admitted" to administration in a Japanese court. Is that enough for it to be presumed to be valid under applicable Japanese law? Do I need a declaration from my Japanese attorney colleague to that effect?
  4.  Any other administrative nuts and bolts requirements I haven't thought of?
  5.  Thank you for any guidance you can provide. I was a bit surprised my inquiry to the Clerk's Office with these questions was deflected under the "no legal advice" rubric. Seems to me this stuff is just administrative. But there you have it.

Best regards,
John J. Sullivan
Attorney

Lyons | Sullivan
10655 NE 4th Street, Suite 704
Bellevue, WA  98004
425*451*2400 tel 425-451-7385 fax
www.dljslaw.com<http://www.dljslaw.com/>

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