[WSBARP] Intestate Probate when Will is found

[Jeanne Dawes]

Hi folks,

I started an intestate probate, and about a week ago, the PR came in with the original Will she found.  The Will names the same PR that has already been appointed and the disposition of assets is the same whether testate or intestate.  I'm wondering whether I should just ignore the will,  file the will with the court and continue as in intestate probate, or petition (or motion) the court to admit the will to probate, and issue letters testamentary and revoking the earlier issued letters of administration.  If the latter does anyone have a petition or motion and order to do this that you are willing to share.  I've been told by the Spokane county clerk finance department that after filing a petition in a matter, any subsequent petition filed in the matter will require another $240 filing fee.  Has anyone had to deal with that?  I'm not sure I received good information.  But if that is the case, I suppose getting around it is to just file a motion and order instead of a petition and order.

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

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