OFFICE UPDATE FROM THURSTON COUNTY CLERK
As summer soon will be coming to an end, and we begin to see changes outside, we continue to also see change here in the Clerk’s Office. Much like the seasons will always change, it is my goal to keep this office evolving and finding new ways to become more efficient.
A recent Clerk’s Alert regarding Letters in probate and guardianship matters initiated a lot of responses and questions (visit my website at www.co.thurston.wa.us/clerk for the complete Clerk’s Alert). I offer the following as an extended explanation of what prompted this review and the resulting policy change.
LETTERS TESTAMENTARY/ADMINISTRATION & LETTERS OF GUARDIANSHIP
When I became clerk years ago, I was faced with receiving form Letters that were not specific enough to meet the requirement of the court order and required us to contact the attorney for correct Letters. This was before there were forms available on the internet and in many cases were just packaged forms. At that point, we created Letters for probate and guardianship cases and started making them available for those cases. We have continued to prepare the Letters, but in the recent years we have had complaints from attorneys that it takes too long to get them. It was also a work load on our staff as calendars increased and we felt the impact from the 9 staff that we lost due to budget issues.
So, when the passage of HB1053 required changes in the Letters for guardianships, we began working to update our Letters and get them out by the July 22, 2011, time frame on the bill. Trying to be helpful to my peers, since I am the Legislative Chair for our Association, I contacted my fellow clerks across the state to provide samples of our templates. They were shocked that I actually prepared the Letters for the attorneys in these cases. From these responses, I started looking into the time it required, what the delays were, and what would work best for all involved. I had a meeting with our administration and we discussed the amount of time it requires of staff and the inconvenience of guardians and personal representatives that need the Letters immediately. It was agreed that it would be beneficial to provide our template Letters on our web site to assist attorneys if they so desired.
If you choose not to use the template Letters on the website, please be sure to properly identify the Personal Representative or Administrator, or any other unique issue relating to the Letters. In guardianship matters, clearly identify whether you are seeking full or limited guardianship.
In a probate case, once the order is signed, and the oath and original Letters filed, we would then make a certified copy of the Letters appointing either the personal representative or the administrator. When the order is signed appointing a guardian and the oath is filed (and the bond filed, if one is ordered), we will file the original Letters and make a certified copy of the Letters as presented, certifying them as we do now. The charge that you have paid in the past is for the certified copy of the original letters pursuant to RCW 36.18.016(9). We never charged for the preparation of the Letters. You can retrieve the fee schedule from our main web page at http://www.co.thurston.wa.us/clerk (the fee is $5.00 for certification, pursuant to RCW 36.18.016(9) (Page 7 of Fee Schedule)).
As always, I welcome suggestions for topics that you would like me to address in an upcoming issue.
Betty J. Gould
THURSTON COUNTY CLERK