[WSBAPT] [WSBARP] Does the Tangible Personal Property List need to be filed

Mon May 5 15:06:19 PDT 2025

My 2 cents:

I do file it, either as the back page of the Will, or under a separate
cover sheet. I read RCW 11.12.260 as incorporating this List within the
will, and making it a part of the will. ("A writing that meets the
requirements of this section shall be given effect *as if it were actually
contained in the will* or trust* itself* . . .")

I send notice to the beneficiaries on the List as if they were
beneficiaries named in the Will.

I once had a probate where an item of Tangible Personal Property of ZERO
monetary value (nostalgic value only) was the subject of a 4-lawyer
specially set hearing, with bitter feelings on multiple sides... which
taught me to assume that the items of stuff set forth on the List of TPP
might be JUST AS important as anything else in the probate
administration....

I also just prefer to err on the side of giving too much notice, whenever
the extra notice doesn't harm my client. That way there's at least one
argument that can't be lodged against my client.

Sarah

*Sarah O’Farrell McCarthy*

*(Pronouns: she / her)*Attorney, Partner | Kelly, Arndt & Walker, Attorneys
at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com

*IMPORTANT NOTICE FOR DELIVERIES TO THIS OFFICE: *

*For delivery by USPS, please send to PO Box 290, Clinton, WA 98236.*

*For delivery by UPS or FedEX, please send to 6443 Harding Ave, Clinton WA
98236.*

This electronic message transmission contains information from the law firm
of Kelly, Arndt & Walker, PLLP which may be confidential or privileged.
This information is intended to be for the use of the individual or entity
named above,  If you are not the intended recipient, be aware that any
further review, disclosure, printing, copying, distribution, or use of the
contents of this transmission is prohibited. If you have received this
electronic message transmission in error, please notify us immediately by
reply e-mail and delete the original message.  Thank you.

We do not accept service of any kind by e-mail unless expressly authorized
in writing by the attorney of record.  This e-mail is NOT a contract and is
not binding upon the author pursuant to CR 2A. This e-mail is, at most, a
negotiation under ER 408.

On Mon, May 5, 2025 at 2:45 PM Brent Williams-Ruth <
brent at williams-ruthlaw.com> wrote:

> At the risk of admitting doing it wrong - I do not file.  In reading RCW
> 11.12.260 - there is nothing about how it is filed, simply that the Will or
> Trust must reference the existence of such a writing.
>
> I have only had it happen 4 times in 10 years, each time I listed the
> beneficiary in the petition as a "Specific Bequest per written memorandum"
> - I had one family that did not know it existed and asked for copies when I
> had sent around the Will with the Notice of Pendency of Probate and
> Appointment of PR. Once they got a copy and saw it was handwriting from
> their family member, there was no further discussion or issue.
>
> Added the PT list serv in case others outside of RP have insights!
>
> Brent
>
> *Brent Williams-Ruth* (pronouns: he/him)
> *Attorney-At-Law*
>
> *Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*
>
> *Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*
>
> *Mailing Address: **PO BOX 3319; Federal Way, WA 98063 *
>
> Office/Scheduling Phone: (253) 285-7751
>
> For All Meetings & Scheduling: info at williams-ruthlaw.com
>
> e-mail <Brent at Williams-RuthLaw.com> / website
> <http://www.williams-ruthlaw.com/> / facebook
> <http://www.facebook.com/bwrlaw> /
>
>
> On Mon, May 5, 2025 at 2:36 PM Heather de Vrieze <
> heatherd at westseattlelaw.com> wrote:
>
>> Does a tangible personal property list always need to be filed with the
>> Will in a probate?
>>
>>
>>
>> Are the recipients of items in that list entitled to notice as if they
>> were named as a beneficiary in the Will. I don’t have this come up too
>> often where there is a list with significantly more information that just
>> items and who gets them, and many people who otherwise have no connection
>> to the estate.
>>
>>
>>
>> Heather
>>
>>
>>
>> Heather S. de Vrieze
>> *(she/her)*
>>
>> *Attorney-at-Law*
>>
>> 3909 California Avenue SW
>>
>> Seattle, WA 98116-3705
>>
>> (206)938-5500
>>
>> heatherd at westseattlelaw.com
>>
>> www.westseattlelaw.com
>>
>>
>>
>> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
>> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>>
>>
>>
>> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
>> privileged and/or confidential information.  If you have received this
>> e-mail in error, please notify the sender immediately and delete all copies
>> of this e-mail message and any attachment.
>> ***Disclaimer: Please note that RPPT listserv participation is not
>> restricted to practicing attorneys and may include non-practicing
>> attorneys, law students, professionals working in related fields, and
>> others.***
>>
>> _______________________________________________
>> WSBARP mailing list
>> WSBARP at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbarp
>>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250505/0ab51f15/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 17884 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250505/0ab51f15/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 18009 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250505/0ab51f15/image002.png>