Legal Question in Wills and Trusts in Washington

If someone dies and has a self made will not witnessed or notarized can it be honored? If not, what is the line of succession? The closet heir is an only brother and three children from a deceased sister. No wife and no children. Additionally, the will he wrote left everything to his only sibling.

Asked on 8/14/12, 10:03 am

1 Answer from Attorneys

Charles Cruikshank Cruikshank Law Office-Since 1975

If the person named in the will is his only sibling and he has no surviving parents, whether the will is admitted to probate (validated) or not would not seem to matter much, as the heirs of someone who died with or without a will would be almost the same: his surviving sibling (without a valid will) and his surviving sibling and children (if the will is accepted into probate).

The court will decide if the will can be probated or not and the children of the brother should have a lawyer appointed to represent their interests and the court may and probably will require that.

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Answered on 8/14/12, 10:33 am

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