[WSBAPT] Intestate Estate/Found Will

Tue May 6 08:18:28 PDT 2025

It is a pretty simple procedure to update to testate estate with Letters Testamentary.  You file a petition to admit the found Will to probate.  If the PR is same person as former Administrator, should be able to do this ex parte.

See RCW 11.28.150:
Revocation of letters by discovery of will.
If after letters of administration are granted a will of the deceased be found and probate thereof be granted, the letters shall be revoked and letters testamentary or of administration with the will annexed, shall be granted.

Dalynne Singleton
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 consultation, please call/email one my paralegals Valerie valerie at glgmail.com<mailto:valerie at glgmail.com>, Kelly kelly at glgmail.com<mailto:kelly at glgmail.com>, or Theresa theresa at glgmail.com<mailto:theresa at glgmail.com>.  My co-counsel is Attorney Spencer Clower with paralegal, Kristin Jacobs, for Estate litigation (spencer at glgmail.com<mailto:spencer at glgmail.com> kristin at glgmail.com<mailto:kristin at glgmail.com>) & Carrie Ulrich and Candace Wilkerson, co-counsel in probate (carrie at glgmail.com<mailto:carrie at glgmail.com> and candace at glgmail.com<mailto:candace at glgmail.com> ).

LICENSED IN WASHINGTON. IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[cid:image001.gif at 01DBBE5F.0502C600]   [cid:image002.png at 01DBBE5F.0502C600] [cid:image003.png at 01DBBE5F.0502C600]    [cid:image004.png at 01DBBE5F.0502C600]

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of steve at aitalaw.com
Sent: Monday, May 5, 2025 4:28 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Intestate Estate/Found Will

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

---------
This e-mail is covered by the U.S. Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. This e-mail was sent by an attorney or his agent, is intended only for the addressee's use, and may contain confidential information and/or information protected by the attorney-client privilege. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this e-mail in error, please delete it and immediately notify the sender by reply e-mail. Thank you.

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

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250506/18e04bb7/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.gif
Type: image/gif
Size: 4337 bytes
Desc: image001.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250506/18e04bb7/image001.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 5410 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250506/18e04bb7/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 6082 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250506/18e04bb7/image003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 5869 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250506/18e04bb7/image004.png>