Detailed Answer
Locating and verifying an original will or codicil is a crucial first step before opening probate in Washington. Under Washington law, you must present the original document to the court, not a copy. Here’s how to find and confirm authenticity:
1. Search Common Storage Locations
- Attorney’s Office: Many people store estate planning documents with their drafting attorney. Contact the attorney or firm that prepared the will.
- Safe-Deposit Boxes and Home Vaults: Check bank safe-deposit boxes, home safes, locked cabinets or important-file folders.
- Personal Records: Review mail, digital files, and personal papers for references to the will’s location or custody instructions.
- Family and Friends: Ask close relatives or personal representatives if they know where the original document is kept.
2. Check with Professional Custodians
- Banks and Trust Companies: Some clients store wills with a bank trustee or trust department.
- Records Search Services: You may engage a private investigator or records search service to trace custody records and safe-deposit box rentals.
3. Confirm Authenticity
Once you locate a document labeled as a will or codicil, verify it meets Washington’s statutory requirements:
- Signatures and Witnesses: The will must be signed by the testator (the person making the will) in the presence of at least two competent witnesses, as required by RCW 11.12.020. RCW 11.12.020
- Testator Capacity: Confirm the testator was of sound mind and at least 18 years old when signing.
- Attestation Clause: Look for a statement that the witnesses understood they were attesting to the testator’s signature.
- Notary Acknowledgment (Optional): While Washington does not require notarization, some wills include a self-proving affidavit notarized to speed up probate.
4. Presenting the Will to the Court
By statute, any person in possession of an original will must present it to the probate court within ten days after the testator’s death or risk a penalty. See RCW 11.20.010. When you file, the court clerk will examine the document, confirm it meets formalities, and notify interested parties.
Helpful Hints
- Keep a written log of every location and person you check during your search.
- Review the decedent’s safe-deposit box inventory with the bank, as banks often maintain sealed lists of contents.
- Ask for certified copies of any documents the bank or attorney holds.
- Photograph or scan the original will before submitting it, but never file the copy in place of the original.
- If you cannot locate the original, consult RCW 11.28.065 on proving lost wills and consider seeking an attorney’s guidance.
Disclaimer: This article provides general information under Washington law and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.