Opening Probate with Copy of Will
If you can only find a copy of the will, keep looking for the original. If a lawyer prepared the will, call the lawyer and see if he or she has the original. If you have looked through all the belongings and obvious places (and nonobvious places), you should review the copy and determine whether it would pass the decedent’s estate in the same way that Washington’s default law would pass the decedent’s estate. For instance, many wills pass everything to the surviving spouse, but if the surviving spouse is not living, then to the surviving children equally. Washington’s law of intestate succession (RCW 11.04.015) does the same thing. Therefore, the estate will pass the same way whether the decedent had a will or not. In that case, you might consider proceeding with a no will probate rather than going through the effort of trying to have copy admitted to probate.
Legal Standard
If you do not have an original will, a legal presumption exists that the testator wanted it revoked. 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. Preferably, the witnesses would include the people who witnessed the will and the testator's attorney. But you will also need some evidence that the decedent didn't intend for the will to be revoked. This proof can be provided by live testimony at the scheduled hearing or preferably by affidavits or declarations filed with your Petition. Whether live testimony is presented, the affidavits or declarations of the testimony must be filed with the court, according to RCW 11.20.070. You will likely need an attorney to help you with this complicated issue.
Scheduling a Court Hearing
If you have decided you need to admit the copy of the will to probate, you should consider hiring an attorney to help you through this process. But if you insist on doing this yourself, you will need to schedule a hearing, file the appropriate documents, mail all of the documents to the heirs before the hearing, and appear for the hearing. This process is described on the Initial Hearing page.
What about the Safe Deposit Box?
Some people leave their wills in their safe deposit box at their bank. This is generally a nice, safe place to keep a will. However, upon the death of the owner, you have a chicken and egg problem. To get into the box, you need Letters Testamentary. But to get Letters Testamentary, you need the will. To solve this problem, you need a lawyer. King County has a local rule (KCLR 98.04(d)) that allows your legal counsel to gain access to a safe deposit box of a deceased person for the sole purpose of seeing if there is a will there. If you have exhausted all other avenues and know there is an original will somewhere, you should contact a lawyer for help.