Most probate proceedings move forward without dispute. Family members agree, the will is honored, and the estate is distributed as the deceased intended. But when something looks wrong—when a will surfaces that seems out of character, when a family member believes they were improperly excluded, or when the person managing the estate is not acting in the beneficiaries’ best interests—the legal system has a framework for addressing it.
In Washington, that framework is the Trust and Estate Dispute Resolution Act (TEDRA), codified at RCW 11.96A. TEDRA provides a structured process for resolving disputes about wills, trusts, and estate administration, with tools ranging from informal mediation to formal judicial proceedings. But TEDRA also imposes strict deadlines—and those deadlines wait for no one.
Whether you think a will may be invalid, you are concerned about how an estate is being administered, or you are a personal representative facing a challenge, understanding how will contests and TEDRA disputes work in Washington is essential.
The grounds on which a Washington will can be challenged
A will contest is not simply a disagreement about who should receive more. To successfully challenge a will in Washington, you must establish one of the recognized legal grounds for invalidity:
Lack of testamentary capacity. A valid Washington will requires the person signing it (the testator) to be of “sound mind” at the time of execution (RCW 11.12.010). This means the testator must have understood, at the moment of signing: (1) the nature and extent of their property, (2) the natural objects of their bounty (who their family is), (3) the nature of the act of making a will, and (4) how these elements relate to each other to form a coherent plan of disposition. A person with dementia, a serious mental illness, or severe cognitive impairment may lack testamentary capacity—but the bar is not as high as many people assume. Courts have upheld wills signed by people with significant cognitive decline, as long as they had a lucid interval at the time of signing. Evidence typically includes medical records, witness testimony, and attorney notes from the drafting process.
Undue influence. Undue influence occurs when another person exerts pressure on the testator that overrides the testator’s free will and substitutes the influencer’s wishes for the testator’s own. Not every form of persuasion or emotional appeal constitutes undue influence—the pressure must be sufficient to have actually dominated the testator’s decision-making at the time the will was made. Undue influence cases often arise when a caregiver, new spouse, or adult child has isolated the testator from other family members and positioned themselves as the primary beneficiary. Courts look at factors like the testator’s susceptibility, the opportunity to influence, and whether the resulting will makes sense given the testator’s previously expressed wishes.
Fraud. Fraud occurs when someone deceives the testator into making or changing their will. Two types of fraud are recognized: fraud in the inducement (someone lies to the testator about a family member to induce a disinheritance) and fraud in the execution (someone deceives the testator about what they are actually signing). Both are relatively rare but do occur.
Improper execution. Washington law (RCW 11.12.020) requires a valid will to be in writing, signed by the testator (or at the testator’s direction in their presence), and witnessed by at least two competent adult witnesses who sign at the testator’s request and in the testator’s presence. A will that was not properly executed—missing signatures, missing witnesses, or witnesses who did not actually see the signing—may be invalid regardless of whether it reflects the testator’s true wishes. This ground for challenge is typically easier to prove because it is based on objective facts rather than the testator’s mental state.
Revocation. A previously valid will may have been revoked by a subsequent will or by a physical act of destruction (burning, tearing, or crossing out with intent to revoke). If an earlier will resurfaces after a later one has been admitted to probate, the earlier will may be argued as the valid one.
Washington’s strict deadlines for filing a will contest
Time is the most critical factor in a will contest. Washington imposes strict deadlines that can permanently bar a challenge if missed.
Under RCW 11.24.010, a will contest must be filed within four months of the date the will is first admitted to probate, or within four months of the date the personal representative gives notice to the challenger (whichever is later), but in no event later than 24 months after the date the will is admitted to probate.
In practical terms, this means the clock starts running the moment the will is admitted to probate in the Superior Court—which typically happens quickly after death. If a family member believes the will is invalid and waits to see how things develop, or spends months gathering evidence before consulting an attorney, they may find that the deadline has passed and the challenge is barred.
There is no exception for people who were not informed of the probate or who did not know the will existed. The notice requirement helps, but it does not extend the deadline indefinitely. If you have any reason to believe a will may be invalid, contact an attorney immediately—before the clock runs out.
How TEDRA mediations and judicial proceedings work
Washington’s TEDRA statute provides a tiered approach to resolving trust and estate disputes, emphasizing resolution without litigation where possible.
Informal resolution. TEDRA explicitly encourages parties to resolve disputes informally before resorting to court. Interested parties can enter into written nonjudicial settlement agreements (NJSAs) that resolve disputes without filing anything with the court, as long as all interested parties consent and the agreement does not violate public policy or violate the purpose of the trust or will.
TEDRA mediation. If informal negotiation does not resolve the dispute, TEDRA authorizes mediation as a middle step before litigation. A neutral mediator facilitates discussions between the parties, helping them reach a voluntary resolution. Mediation is confidential and is often faster and less expensive than a court proceeding. Many TEDRA disputes are resolved at mediation.
Judicial proceedings. If mediation fails or is not appropriate, TEDRA disputes are resolved through a formal judicial proceeding in Washington Superior Court. The court has broad authority to interpret wills and trusts, remove fiduciaries, approve or reject creditor claims, determine the rights of interested parties, and fashion remedies for breaches of fiduciary duty.
In a formal will contest, the proceeding is adversarial—the challenger bears the burden of proving the grounds for invalidity, and the proponent of the will (typically the personal representative) defends its validity. Either side can request a jury trial in a will contest, which is unusual in probate proceedings but available. These proceedings can be expensive and emotionally difficult. Having experienced legal counsel on both sides is essential.
Disputes between beneficiaries that don’t involve the will itself
Not all TEDRA disputes involve a challenge to the will’s validity. Many disputes arise during the administration of an otherwise valid will and concern how the personal representative is managing the estate:
Self-dealing. A personal representative who uses estate assets for their own benefit, engages in transactions that favor themselves over beneficiaries, or purchases estate property at below-market prices has likely committed a breach of fiduciary duty.
Mismanagement of assets. Failing to maintain estate property, making imprudent investment decisions, or unreasonably delaying the sale of assets that are depreciating can all constitute mismanagement.
Failure to distribute. A personal representative who delays distributions without justification or who retains assets in the estate beyond the reasonable period of administration may be subject to removal and surcharge.
Accounting disputes. Beneficiaries are entitled to a clear accounting of estate assets, income, expenses, and distributions. Disputes about whether expenses were properly incurred or whether the accounting is accurate are common.
Interpretation disputes. A will may contain ambiguous language—a bequest to “my children” when there are disputes about who qualifies, or a distribution formula that produces an unclear result. Courts can be asked to interpret ambiguous will provisions to determine what the testator intended.
All of these disputes can be addressed through TEDRA’s framework—informally, through mediation, or through a formal judicial proceeding, depending on how cooperative the parties are.
What to do if you’re the personal representative facing a contest
Being served with a will contest or a TEDRA petition is stressful. If you are the personal representative in this situation:
Retain an attorney immediately. A will contest is a formal legal proceeding. You need competent legal representation from the moment you learn of the challenge, not after you have tried to handle it yourself.
Preserve the status quo. While a will contest is pending, you should generally avoid making distributions, disposing of significant assets, or taking actions that cannot be undone without court approval. The estate should be maintained, not liquidated, until the dispute is resolved.
Gather supporting evidence. Your attorney will want to see the circumstances under which the will was drafted and executed—attorney notes, witness statements, medical records from around the time of signing, and evidence of the testator’s mental state and expressed wishes.
Consider settlement. Many will contests settle, often for less than the cost of litigation on both sides. A realistic assessment of the strength of the challenge and the cost of defending it is something to have with your attorney early.
Do not ignore the proceeding. Failing to respond to a properly served TEDRA petition can result in a default judgment. Whatever you think of the challenge’s merits, engage the legal process promptly.
Frequently Asked Questions
Who can file a will contest in Washington?
Any person who has a financial interest in the outcome of the proceeding—an heir who would inherit more under an earlier will or under intestate succession, a beneficiary of an earlier will, or any other “interested party” as defined in RCW 11.96A.030—may bring a will contest.
What happens to the estate while a will contest is pending?
The estate generally continues to be administered during a will contest, but distributions to beneficiaries are typically halted until the dispute is resolved. The personal representative remains in place (unless also removed by a separate TEDRA proceeding) and continues to manage and preserve the estate’s assets.
Can I contest a will if I was already disinherited in an earlier will too?
Not necessarily. The relevant question is whether you have a financial interest in the outcome of the contest—meaning, would you receive more if the will being contested were declared invalid? If you were disinherited in multiple wills and would receive nothing even if the contested will were thrown out, you may lack standing to bring the contest.
Does filing a will contest mean the family is going to war?
Not necessarily. Many will contests settle before trial. Washington courts and experienced attorneys actively encourage settlement and mediation. That said, contested proceedings are inherently adversarial and can strain family relationships. Whether to pursue or defend a contest involves practical as well as legal judgments.
What does a will contest cost?
Contested proceedings are expensive. Attorney fees in a litigated will contest can run from tens of thousands to well over a hundred thousand dollars, depending on the complexity of the case, the amount of discovery required, and whether the matter goes to trial. This is one reason mediation and settlement are so common—both sides often save money by resolving the dispute short of a full trial.
Conclusion
Will contests and TEDRA disputes are among the most difficult and emotionally charged matters in estate law. They arise at the worst possible time—when families are already grieving—and they can permanently fracture relationships that might otherwise have survived the loss.
The most important thing to know is that time matters. If you have any concern about a will’s validity, you cannot afford to wait. And if you are a personal representative facing a challenge, early legal advice is essential. In either situation, we are here to help you understand your options and navigate the process. Call us—the first conversation is free, and in will contests, that conversation should happen as soon as possible.