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

[Joshua McKarcher]

Did you see my reply from Friday evening or my reply today around 12:48 pm?

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: Monday, September 30, 2024 1:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Obtaining Original Will from Out-of-state Will Repository.

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 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.


On Sat, Sep 28, 2024 at 1:43 PM Dalynne Singleton <dalynne at glgmail.com<mailto: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<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>).
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[cid:ii_19244a2c7ec4cdccc1]   [cid:ii_19244a2c7ec5b16b22] [cid:ii_19244a2c7ec692e333]   [cid:ii_19244a2c7ec7745b44]


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

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