In most jurisdictions, the statutes which prescribe the proceedings for probate and contest of wills permit a person in interest to file a petition to contest the probate of a will after the will has been admitted to probate. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an Petition in a particular jurisdiction.
Washington Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
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FAQ
Under Washington law, in order to contest a will, the interested party must file a petition with the court within four months following the probate or rejection. A probate or rejection is deemed final if no one files a petition within four months.
The claim must be presented within the later of: (1) Thirty days after the personal representative served or mailed the notice to the creditor as provided under RCW 11.40. 020(1)(c); or (2) four months after the date of first publication of the notice.
Undue Influence A will is only valid if it represents the genuine intentions of the testator. If it is proven that someone exerted undue influence over the testator, coercing them into making decisions against their true wishes, the will can be challenged.
In WA, a claimant has six months from the grant of probate to contest the provisions of a will. A claimant should contact the executor/s of the estate as soon as possible to notify them that they intend to contest the will.
Applicable Statute of Limitations 4 months from date of first publication of Probate Notice to Creditors, or. 30 days from date of mailing of actual notice.
In Washington state, a no-contest clause generally discourages beneficiaries from disputing the validity of a will by stating that they will forfeit any inheritance they would have otherwise gotten if they contest the will and lose.
A personal representative with nonintervention powers may administer and settle the estate without supervision or intervention by the court except as otherwise provided in this chapter. [ 2021 c 140 § 4006.]