Can You Probate a Copy of a Will in Washington State?

Probate is a court administered process and there are a number of formalities you must observe when executing a will in Washington State. To be accepted, the will must be in writing and signed by you (as the “testator”) in the presence of at least two witnesses. The witnesses must also sign the will in the presence of you and each other. When it comes time to probate the will after your death, the court must receive the original, signed version of the will.

Attorney’s Testimony Insufficient to Prove Valid Execution

But what if the original will is lost and cannot be located after your death? Under Washington law, it is possible to probate a lost will, but it is not easy. The person seeking to admit the missing will needs to prove “by clear, cogent, and convincing evidence” both the contents of the will and that it was properly executed under Washington law. Basically, if you try to submit a copy of the will to the probate court, you must produce a witness who can attest to the fact this was a true copy of the original document executed by the testator and witnessed by two people and that it was lost, not intentionally destroyed.

This is easier said than done. Take this recent decision from the Washington Court of Appeals, In re Estate of Dahlstrom. In this case, the decedent purportedly executed a will in 2009. No signed original will was ever found. However, emergency responders who found the decedent after her death ten years later found an unsigned copy. The will left most of the decedent’s estate to the University of Puget Sound (UPS).

The decedent was unmarried and had no children. Her next of kin were two nieces and a nephew. One of the nieces filed a petition to probate her aunt’s estate. The niece claimed her aunt left no will. UPS then filed a rival petition, seeking to admit the copy of the purported 2009 will.

The key evidence presented to the court was the testimony of the decedent’s estate planning attorney. He testified that he could not specifically recall the decedent coming to his office to sign the will. But he was certain the copy of the will was accurate and reflected the decedent’s wishes.

The trial court rejected this testimony and declared the decedent died intestate. UPS appealed.

But the Court of Appeals agreed with the trial judge. The appellate court noted the estate planning lawyer’s testimony did not establish the decedent signed the purported will. Indeed, the attorney said he had no personal knowledge of such an event. He simply testified that it would have been his “normal business practice” for a client to come to his office to sign a will. And given nobody could locate–or even identify–the alleged witnesses to this will, the Court of Appeals said there was insufficient evidence to admit the copy to probate.

Contact a Spokane Will Lawyer Today

Making a will is one of the most important things you can do to give your family peace of mind after your death. You want to take the time to make sure the process is handled correctly. An experienced Spokane will lawyer can help. Contact Moulton Law Offices, P.S., today to schedule a free consultation. We serve clients throughout Spokane Valley, Kennewick, and Yakima.

Source:

scholar.google.com/scholar_case?case=5615180845443689504