Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Washington law, you can use a court-ordered subpoena to compel the production of estate records held by third parties or non-party witnesses. Estate records often reside with banks, title companies, or custodians of documents. Washington Superior Court Civil Rule 45 (CR 45) governs subpoenas in civil matters, including probate. Follow these steps:
1. Determine the Type of Subpoena You Need
• Subpoena ad testificandum: orders a witness to appear and give testimony in person or by deposition.
• Subpoena duces tecum: orders a witness or entity to produce documents or records at a hearing or deposition.
2. Complete the Subpoena Form
Use the Superior Court Clerk’s official form. At a minimum, fill in:
- Case caption and docket number
- Name and address of the person or entity you are subpoenaing
- Date, time, and place for appearance or records production
- Signature of the issuing party or attorney
3. Obtain Judicial or Clerk Approval
Under CR 45(a)(3), subpoenas issued at the request of a party must bear a judge’s signature or a clerk’s seal. File the proposed subpoena with the clerk’s office to obtain the necessary signature or seal.
4. Serve the Subpoena Properly
• Service by an adult (18 or older) who is not a party to the case. CR 45(b)(3) requires personal delivery.
• Provide at least 14 days’ notice for appearance; 7 days for production of documents. Check CR 45(c)(2)(A) for exact timelines.
• Include witness fees and mileage: Washington law mandates a $10 fee plus $0.056 per mile round trip (RCW 5.56.010).
5. Handle Objections and Motions to Quash
The recipient may object or move to quash under CR 45(d). If the court sustains the objection, it can modify or quash the subpoena in whole or part.
6. Review and Use the Produced Records
Once you receive estate records, review them for relevance and privilege. Probate records are generally public under RCW 11.48.220 (RCW 11.48.220), but sensitive information (e.g., Social Security numbers) may require redaction.
Helpful Hints
- Use the Washington Courts website to download up-to-date CR 45 subpoena forms.
- Double-check service timelines to avoid an invalid subpoena.
- Keep a proof of service on file for court hearings.
- Include a cover letter explaining the context of your request.
- Ask the clerk about any local county probate rules that may affect subpoenas.
- Seek attorney assistance if you anticipate objections or confidentiality issues.