Disclaimer: This post is for educational purposes and not legal advice.
How to Secure Missing Estate Documents under Washington Law
When an institution refuses to release key estate documents—such as wills, deeds or bank statements—you can follow this structured approach under Washington law:
- Request Certified Copies from Issuers. For death certificates, file a request with the Washington State Department of Health under RCW 70.58.120. For real estate deeds, order certified copies from the county auditor’s office (RCW 65.04.010).
- Petition for Probate of a Lost or Destroyed Will. If the original will is missing, file a petition in Superior Court under RCW 11.28.120 to admit a copy or draft to probate.
- Obtain Letters of Administration. When no will is available or it remains unobtainable, petition for letters of administration under RCW 11.28.010. These letters empower you to lawfully demand records from financial and private institutions.
- Use Court-Ordered Subpoenas. Under Washington Superior Court Civil Rule 45 (CR 45), the court can subpoena an institution to produce documents. You may also request examinations of interested persons under RCW 11.44.010.
- File for Contempt or Sanctions. If an institution defies a lawful court order, you can ask the court to impose sanctions or hold them in contempt, enforcing compliance with probate directives.
Helpful Hints for Estate Document Recovery
- Gather any informal copies or drafts of estate documents before filing.
- Send all record requests via certified mail or documented email.
- Publish required probate notices in a local newspaper to clear title issues.
- Act promptly: Washington courts discourage delays in initiating probate.
- Keep a detailed timeline of all communications and filings.
- Consult a probate attorney early to prepare petitions and subpoenas correctly.