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

Mon Sep 30 13:41:52 PDT 2024

Initially, I had thought that either the procedure for probating a copy or
the procedure for probating an exemplified copy of a foreign will options
would work. However, the RCW 11.20.090
<https://app.leg.wa.gov/rcw/default.aspx?cite=11.20.090> applies where the
Will is "probated" in another state and requires an original record of the
probate. So if a Will is only deposited, but not probated in the other
state, this option seems not to apply. Likewise, on its face, 11.020.070
states that it applies not just where there is a copy, but specifically a
copy of a "lost or destroyed will." A Will deposited in another state is
technically not "lost or destroyed." I'm tempted to go this route and just
explain the circumstances to the court. I wondered if any of you had fallen
into this legal grey area and handled it differently.

*Laura LattaLaw Office of Laura Latta PLLC*

she/her

Phone (206) 841-2344

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
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On Sat, Sep 28, 2024 at 1:43 PM Dalynne Singleton <dalynne at glgmail.com>
wrote:

> 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   *Website:  *www.glglawgroup.com
>
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> Spencer Clower & paralegal, Kristin Jacobs, can be reached for Estate
> litigation (spencer at glgmail.com and kristin at glgmail.com).
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *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
>
> 4010 Lake Washington Blvd. NE Ste. 202
>
> Kirkland, WA 98033
>
>
>
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