[WSBAPT] Obtaining Original Will from Out-of-state Will Repository.

Tue Oct 1 14:58:03 PDT 2024

Acknowledged – thank you.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Joshua McKarcher
Sent: Monday, September 30, 2024 12:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Obtaining Original Will from Out-of-state Will Repository.

I will mention that neither of these solutions – offered in good faith by Dalynne and Mark – quite hit the bullseye. Why? Because this is a situation where the original does exist; there is no real justification for not obtaining through simple legal process from the STATE COURT that is holding it; it is NOT YET PROBATED in another state court (and thus cannot be exemplified, certified, or anything else’ified).

In Alaska – as with whatever state our friend Laura is engaging with – it truly is the ONE AND ONLY ORIGINAL that is “on file” with the local state court. It is not lost, it is not probated, etc.

So I would want to caution that to my legal analysis, it is proper to perhaps file with a “photocopy” of the “presumed original on file with the District Court for the State of [Alaska]” but which ONLY ANOTHER STATE COURT CLERK’S OFFICE can obtain by contacting and cooperating with that other court.

It’s a very odd situation. I had no idea such things existed until this Alaska situation played out. But, as I say, once the local clerk “here” understood, they were in touch with the Alaska clerk the same day, and the original and unprobated will was in our local court’s hands by their own direct court-to-court process.

Best, Josh

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 Mark Anderson
Sent: Monday, September 30, 2024 10:08 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Obtaining Original Will from Out-of-state Will Repository.

This should be even easier than opening probate with only a copy of the most recent Will.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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
Sent: Saturday, September 28, 2024 1:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Obtaining Original Will from Out-of-state Will Repository.

You can open probate in WA with an exemplified Will from another state.  I have done this quite a few times.  As you know, WA is not an ancillary state when opening probate.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow/The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>   Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled virtually whenever possible.  If you would like to set a telephone conference, zoom, or in person meeting, please call or email one my paralegals Valerie valerie at glgmail.com<mailto:valerie at glgmail.com>, Cora cora at glgmail.com<mailto:cora at glgmail.com>, or part time paralegal Theresa theresa at glgmail.com<mailto:theresa at glgmail.com>.  Attorney Spencer Clower & paralegal, Kristin Jacobs, can be reached for Estate litigation (spencer at glgmail.com<mailto:spencer at glgmail.com> and kristin at glgmail.com<mailto:kristin at glgmail.com>).
LICENSED IN WASHINGTON.  IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[cid:image001.gif at 01DB1412.4DCE3C90]   [cid:image002.png at 01DB1412.4DCE3C90] [cid:image003.png at 01DB1412.4DCE3C90]   [cid:image004.png at 01DB1412.4DCE3C90]

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 Laura Latta
Sent: Friday, September 27, 2024 5:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Obtaining Original Will from Out-of-state Will Repository.

Hello Listmates,
I wonder if any of you will be willing to share your thoughts or experience in getting an original will from a will repository in another state court.
When the testator passes away, the court in question will only:
1) Provide certified or exemplified copies;
2) File the will in THAT COURT to open probate;  and/or
3) Send the original will directly to the court of another state upon a request directly from another court.
Apparently, #3 is typically done by email from the clerk of the court, but I’m flummoxed as to how I would get the Clerk of a Washington court to email the other state clerk.
Here in Washington, I am aware of procedures for probating an exemplified copy when probate is open in another state. I am aware of procedures for probating a copy of a lost or destroyed will. Neither of these appear to be a fit.
Does anyone have experience with this issue?
Warmly,
Laura
Laura Latta
Law Office of Laura Latta PLLC
she/her

Phone (206) 841-2344
www.LauraLatta.com<http://www.LauraLatta.com>

4010 Lake Washington Blvd. NE Ste. 202

Kirkland, WA 98033

NOTICE:  This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by replying to this email and immediately delete the message and any attachments without copying it or disclosing its contents to others.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20241001/b758a17a/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.gif
Type: image/gif
Size: 4578 bytes
Desc: image001.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20241001/b758a17a/image001.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 5410 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20241001/b758a17a/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 6082 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20241001/b758a17a/image003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 5405 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20241001/b758a17a/image004.png>