[WSBAPT] Exhibits to Lack of Probate Affidavit

[Marcus Fry]

Jon:
Just file the original Will with the Clerk of Court if not probating (cost is $20) and then reference the case # assigned to the original Will filed in the LOPA.

-Marcus

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jon Fritzler
Sent: Tuesday, March 31, 2026 11:19 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com> <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Exhibits to Lack of Probate Affidavit

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Listmates:

When recording a Lack of Probate Affidavit after the death of the first spouse it has been my practice to attach a copy of the deceased spouse's Will as an exhibit in addition to the death certificate. However, I just had a Lack of Probate Affidavit that I submitted via Simplifile rejected by the Clark County Auditor with the notation "COPY OF WILL NOT NEEDED PLEASE REMOVE."

I'm curious if others attach a copy of the decedent's Will and or is a statement in the affidavit that the decedent's Will left the decedent's community interest in the property to the surviving spouse sufficient?

Jon M. Fritzler
Attorney at Law

11015 NE Fourth Plain Blvd., Suite D
Vancouver, WA 98662
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>
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