[WSBAPT] Intestate Estate/Found Will

[steve at aitalaw.com]

Somehow, this is a first for me, although I am certain it's not unusual. 

 

Decedent died on March 26, leaving four adult children (late 20s and early
30s, who so far are all getting along and are all on the same page re: their
dad's estate) and a gross estate of approximately $3.6 million. Decedent was
divorced from his 2nd wife but living with his girlfriend in the house that
he owned. Until this weekend, all interested parties (including the
Decedent's financial advisor) believed the Decedent left no Will. An
intestate estate was opened and the Decedent's eldest child was appointed PR
on April 24, with the written consent and approval of all interested
parties. Notices of Appointment went out on April 25 and publication of the
Notice to Creditors began on April 30.

 

Then just this weekend, a Will was found among the Decedent's papers and
everyone seems to believe it is valid. I haven't seen it yet, but one of the
Decedent's kids is supposed to be bringing it by my office first thing
tomorrow morning. According to my client, the Will doesn't do anything TOO
much different than what the laws of intestate succession would do; the
eldest child is still named as PR and the residue is left in a four-way
split among the four adult children. However, apparently the Decedent made a
specific bequest of his personal residence (approx. $750K in equity) to his
girlfriend. So far, the four kids seem OK with it; I'm meeting with all four
kids and the girlfriend on Wednesday afternoon. 

 

But here's my question: If the Will turns out to be valid, what is the
procedure for getting it admitted once an intestate estate has already been
opened and a PR appointed? And can anyone kindly provide me with a template
for a Petition or Motion and Order to have it admitted and having the
Letters of Administration changed to Letters Testamentary? I'm sure I could
figure it out, but I'd rather not take a lot of time (and the estate's
money) in reinventing the wheel.

 

Thank you for reading through an overly detailed scenario for what I'm sure
is a simple answer to a simple question.

 

Steve Aita

 

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P. Stephen Aita

Attorney at Law

Admitted in Washington & Idaho

 

3010 Harborview Dr., Suite 301

Gig Harbor, WA  98335-1977

Tel.: (253) 858-5434

Fax: (253) 276-2373

 

steve at aitalaw.com

www.aitalaw.com

www.facebook.com/aitalaw

 

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