Washington Court Rules on Lost Will Probate Requirements
Washington Court of Appeals clarifies when lost wills can be probated, requiring clear evidence the testator never intended revocation despite missing documents.
What Happened
The Washington Court of Appeals recently decided a complex case involving a lost will in In re Estate of Lanzner, establishing important precedent for when lost wills can still be probated. Joan Lanzner died in 2022, but her original 2012 will could not be found among her belongings. An authenticated copy was discovered in her apartment by a friend, which named her biological son Mark and two stepsons, Edward and Robert, as beneficiaries while excluding her biological daughter Joni and another stepson Richard.
Two excluded family members, Joni and Richard, challenged the lost will in February 2023 under Washington's Trust and Estate Dispute Resolution Act. They argued Joan had died intestate, relying on the legal presumption that a lost or destroyed will was intentionally revoked by the testator. The trial court ruled against them, finding clear and convincing evidence that Joan never intended to revoke her will despite it being missing.
The Washington Court of Appeals affirmed the trial court's decision in January 2026, holding that the executor had successfully overcome the presumption of revocation. The court found that Joan's positive attitude toward her named beneficiaries remained unchanged until her death, despite some family tensions and actions she took while suffering from Alzheimer's disease that might have suggested otherwise.
What It Means
This ruling clarifies Washington's approach to lost will cases and demonstrates how estates can navigate the complex probate process even when original documents are missing. In Washington, probate typically takes 6 months to 9 months and involves court filing fees of $290, though lost will cases often extend these timelines due to additional legal challenges.
The case establishes that Washington courts will examine the testator's relationships and statements made after executing a will to determine intent. Joan's case involved testimony from family members and her power of attorney agent about her continued positive feelings toward the named beneficiaries. The court distinguished between actions taken during cognitive impairment and genuine intent to revoke, noting that Joan had developed a habit of writing on documents during her final years with Alzheimer's disease.
For Washington families, this decision reinforces the importance of proper will storage and communication. Washington allows independent administration of estates, which can streamline the process, but lost will cases require full court supervision. The 4 months creditor claim period still applies, and executor fees typically range from 2% to 4% of the estate value for reasonable compensation.
Legal Standards for Lost Wills
Washington law requires clear, cogent, and convincing evidence to overcome the presumption that a lost will was revoked. This standard examines the testator's declarations and actions after executing the will, focusing on their attitude toward beneficiaries and any statements about their estate plan. Courts consider both direct evidence, such as explicit statements about the will, and circumstantial evidence, including ongoing relationships with beneficiaries.
The Lanzner case shows how cognitive impairment affects this analysis. While Joan had crossed out names on a copy of her will and mentioned donating to charity, the court found these actions coincided with her Alzheimer's diagnosis and a pattern of writing on documents. The fact that she never contacted her estate planning attorney after 2012 to create a new will supported the finding that she had not intended revocation.
Context from SimplyTrust
Lost will cases highlight why proper estate planning goes beyond just creating documents. Modern estate planning platforms help families maintain organized records and ensure multiple authenticated copies exist. Washington residents can explore their probate cost estimates to understand the financial implications of different estate planning choices, including the additional expenses that lost will cases can generate.
The case also demonstrates the value of clear communication with beneficiaries and regular estate plan reviews. Families can prevent disputes by maintaining updated estate plans and ensuring key documents are properly stored and accessible. Understanding what probate involves helps families appreciate why avoiding these complications through proper planning serves everyone's interests better than relying on court intervention after death.
Source: What Does it Take to Probate a Lost Will? – Courtney Elder Law Associates