Detailed Answer
During probate in Washington, the personal representative must locate and file the decedent’s original will (or obtain a filed copy) with the Superior Court. Follow these steps to ensure compliance:
1. Locate the Original Will
- Search the decedent’s home, safe deposit box, attorney’s office, or bank. Many testators deposit wills with their attorney or directly with the court under RCW 11.20.020.
- If the will is in a safe deposit box, obtain a court order under RCW 11.09.310 to open the box and retrieve the document.
2. Request a Filed Copy from the Clerk
If the testator previously deposited the will with the Superior Court Clerk, you can request a certified copy. Contact the clerk’s office in the county of the decedent’s last residence. You may need to provide:
- Certified death certificate.
- Proof of your appointment (Letters Testamentary or Letters of Administration).
- Payment of applicable copying fees.
3. File the Original Will with the Court
- After appointment, submit the original will—or certified filed copy—to the clerk within 30 days. This duty arises under RCW 11.28.030.
- Include your Letters Testamentary (or Administration), the death certificate, and a completed probate petition form.
- Pay the court’s probate filing fee or submit a fee waiver request if eligible.
4. Addressing a Lost Original
If you cannot find the original will, Washington law allows filing a copy under certain conditions:
- Show that no one has produced the original within 90 days after death.
- Submit a copy of the will with an affidavit describing your diligent search.
- The court may admit the copy if satisfied under RCW 11.20.020 and relevant probate rules.
Helpful Hints
- Check digital records and email archives—some wills are drafted and stored electronically.
- Ask family members or the decedent’s advisor where the will was last updated.
- Keep certified copies of the filed will on hand for beneficiaries and the court.
- If you discover the original after filing a copy, promptly submit it to the clerk with a notation.
- Consult the local Superior Court’s probate manual for specific form numbers and fee schedules.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.