The Washington Petition for Probate of Lost Will, Letters of Testamentary, & Nonintervention Powers is a legal document used to allow the probate court to grant an estate’s personal representative the authority to administer the deceased’s estate. This document is used in the case of a lost will or when a person dies without making a will. The petition must be filed in the county where the deceased resided at the time of death. The petition includes various provisions allowing the court to appoint a personal representative, issue letters of testamentary, and grant nonintervention powers. Depending on the county, the petition may also be used to request a warship determination or a determination of descent. The Washington Petition for Probate of Lost Will, Letters of Testamentary, & Nonintervention Powers is divided into two types: an uncontested petition and a contested petition. An uncontested petition is used when all interested parties agree on the proposed personal representative, and sign a Consent to Appointment or Waiver of Notice. A contested petition is used when all interested parties do not agree on the proposed personal representative, and the court must make a decision on whom to appoint. The petitioner must include the following information in the petition: the deceased’s name, date of death, and county of residence; the names and addresses of all interested persons; the estimated value of the estate; and a description of the property to be probated. The petition must also include a proposed personal representative, and either a Consent to Appointment or Waiver of Notice. Once the petition is filed, the court will issue an Order of Probate and Letters of Testamentary, and grant nonintervention powers to the appointed personal representative. The personal representative can then take the necessary steps to administer the estate.
Washington Petition for Probate of Lost will, letters of Testamentary, & Nonintervention Powers
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How to fill out Washington Petition For Probate Of Lost Will, Letters Of Testamentary, & Nonintervention Powers?
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FAQ
A: Letters Testamentary are valid until revoked or the probate is concluded and the executor is discharged.
To admit the copy of the will to probate, you must be able to rebut this presumption with clear, cogent and convincing evidence that the testator did not intend to revoke it and that the copy admitted was validly executed and is a copy of the true will.
RCW 11.20. 010 requires the Will to be filed whether or not it will be offered for probate and provides for damages upon the failure to do so. Washington law does not require a Will to be probated ? only to be filed promptly after a Decedent's death.
(1) The surviving spouse or state registered domestic partner, or such person as he or she may request to have appointed. (2) The next of kin in the following order: (a) Child or children; (b) father or mother; (c) brothers or sisters; (d) grandchildren; (e) nephews or nieces.
Contact the probate court in the counties where the deceased lived to determine whether the will was registered. Contact a probate attorney for help. These attorneys have access to networks of other probate attorneys in the state, one of whom may have the will you are looking for.
Washington State law DOES NOT REQUIRE Probate. Probate is discretionary. Practically speaking only a small percent of deaths in Washington result in a Probate being filed.
Contact the probate court in the counties where the deceased lived to determine whether the will was registered. Contact a probate attorney for help. These attorneys have access to networks of other probate attorneys in the state, one of whom may have the will you are looking for.
As part of the probate process, letters testamentary are issued by your state's probate court. To obtain the document, you need a copy of the will and the death certificate, which are then filed with the probate court along with whatever letters testamentary forms the court requires as part of your application.