How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in WA

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.