Legal Question in Wills and Trusts in Washington

mother passed away, will has not been recorded, but there is one. Father will not let son see it. He has it hidden in the box with mother's ashes. Anyway to legally force the father to have the will recorded in order to go through probate?


Asked on 2/21/11, 1:10 pm

1 Answer from Attorneys

Charles Cruikshank Cruikshank Law Office-Since 1975

Washington law requires that the will be filed with the county clerk within 30 days of the person's death, even if a probate is not planned. Once it is filed, it becomes a public record and copies can be obtained of the will from the clerk. If your father will not file the will after being told of this law, you may need a lawyer to convince him to do so. If that is not successful, you may need to ask the court to compel him to file the will. Extreme caution is advised so as not to give your father a reason to do something rash or to retaliate. It would be better to discuss this with a lawyer before taking any steps to approach your father.

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Answered on 2/21/11, 1:47 pm


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