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

[Joshua McKarcher]

Yes, we did this with an Alaska will a couple years ago.

You can open probate in any court in Washington.

So pick an easy one. You’re not going to do anything wrong, so why not open probate in a court with staff that can talk to you and cooperate with another state’s unusual little procedure.

I expect the court may want you to file your pleadings and open a case with a paragraph that recites the situation and requirement.

Then, one of your pleas would be for the court to contact the OTHER court to arrange for direct delivery to the Washington court of the original will, pursuant to the OTHER court’s state law and procedures.

Once you file without a will attached, they should get the gist and send the simple email. Worked like a charm for us, even though it delayed things a week or so. Unavoidable.

Hope that helps, and I’ll say our little Asotin County is about as accommodating as you might find, if you are kind and connect your dots properly.

Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Laura Latta <laura at lauralatta.com>
Sent: Friday, September 27, 2024 5:29:11 PM
To: WSBA Probate & Trust Listserv <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



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