Frequently Asked Questions About Contesting a Will in Washington

• Can you contest a Will in Washington State?

• Who can challenge a Will?

• What are valid reasons to contest a Will?

• What is TEDRA?

• Do I need an attorney to contest a Will?

• Additional Questions...

Can You Contest a Will in Washington State?

If you're wondering whether you can challenge a Will in Washington, the short answer is: yes, you can—but only under certain circumstances.

At The Whipple Law Group, we help people across Spokane and Eastern Washington understand their rights when it comes to Wills and probate. Whether you're thinking about contesting a Will or just trying to make sure your own Will is solid, we've got you covered.

What Does It Mean to Contest a Will?

Contesting a Will means you're going to court to challenge whether that Will is valid. Usually, this happens after someone has passed away, and their Will is submitted to probate. The person submitting the Will has to prove it was properly signed and witnessed. If someone else thinks the Will isn't valid—for example, because of fraud or pressure—they can step in and challenge it. This is called a Will contest.

Who Can Challenge a Will in Washington?

Interested Parties

Not just anyone can contest a Will. In Washington, you have to be what's called an interested party. That usually means at least one of the following:

• You were named in the current Will
• You were named in an older Will but left out of the new one
• You would've inherited if there was no Will at all
• You're a creditor with a legal claim against the estate

And no, you don't have to be family. You could be a friend, a neighbor, or even an organization that was promised something.

What Are the Legal Reasons to Contest a Will?

You need a solid legal reason to contest a Will—it's not enough to just be unhappy with what you received. In Washington, here are some common grounds:

• The Will wasn't signed or witnessed properly
• There's confusing or conflicting language in the document
• There's a newer Will that overrides the one in probate
• The person who made the Will (the testator) was pressured or manipulated
• The testator wasn't mentally capable when they made the Will
• The testator had a false belief that changed how they gave away their property

It's important to remember that if you are the one challenging the Will, you have to prove your case—not the other way around.

How Do You Contest a Will in Spokane?

In Spokane and throughout Eastern Washington, Will contests are typically filed in the county's Superior Court. If you're in Spokane—or anywhere else in Washington—you'll need to act fast. Washington law (RCW11.24) gives you just four months from the time the Will is submitted to probate to file your challenge. Here's how contesting a will works in Washington:

• Your lawyer files a petition in the probate court (usually in the county where the person lived).
• You provide notice to interested parties or personal representatives of the estate.
• You gather evidence to support your claim—this could include medical records, witness statements, or other documents.
• Your case is presented in front of a judge, and the court decides if the Will is valid.

Some Wills include what's called a no-contest, or "in terrorem," clause. That means if you challenge the Will and lose, you might lose your inheritance, too. These clauses are legal in Washington, but they don't always apply—especially if you had a good reason to file your claim. Working with an attorney will ensure you understand your legal rights.

Trust Estate Dispute Resolution Act (TEDRA)

Although RCW 11.24 outlines the substantive law for will contests (such as timing and legal grounds), TEDRA (RCW 11.96A) provides the procedures used to resolve these disputes. For example:

• TEDRA determines who has standing to bring a will contest (RCW 11.96A.030 defines “interested persons”).
• TEDRA sets how notices must be served, including rules for alternative dispute resolution (RCW 11.96A.100+).
• TEDRA allows for streamlined dispute resolution outside of court, such as binding arbitration, mediation, or nonjudicial agreements (RCW 11.96A.220–11.96A.260). 

How Does TEDRA Compare to a Will Contest?

TEDRA vs. Wills

While RCW 11.24 only governs will contests (i.e., challenges to the validity of a will), TEDRA applies to a much broader set of estate and trust disputes, including:

• Disputes between beneficiaries and fiduciaries,
• Questions about interpreting wills or trusts,
• Breach of fiduciary duty claims,
• Trust modification or termination.

So, if a will contest overlaps with, say, an allegation of undue influence and a breach of fiduciary duty, TEDRA provides a unified procedure for resolving all of these claims together. Additionally, under TEDRA, parties in a will contest can resolve their dispute without a trial by:

• Agreeing to mediation or arbitration (RCW 11.96A.300),
• Entering into a binding nonjudicial dispute resolution agreement (NDA)—which can resolve even a will contest if all interested parties agree (RCW 11.96A.220).

This is especially useful when the parties want to avoid litigation and keep family matters private.

Interaction with Deadlines

TEDRA procedures do not override the four-month deadline to file a will contest under RCW 11.24.010. That deadline is strict. So even if parties want to use TEDRA's tools (e.g., mediation), a contestant must still file the will contest within the 4-month window or lose their right to challenge the will.

Do You Need a Lawyer to Contest a Will?

Managing Partner: Michael D. Whipple

You don't have to hire a lawyer—but it's almost always a smart idea. Probate law in Washington can get complicated, and you'll need strong evidence to make your case. A skilled probate attorney can help you understand your chances and build the strongest case possible.

At The Whipple Law Group, we help people in Spokane and throughout all Washington counties protect their rights and fight for what's fair. If you believe a Will in Washington State isn't valid—or you've been cut out unfairly—we can help you figure out what to do next.

📞 Call us at 509-869-3223 or contact us online to schedule a consultation. We'll listen to your story, explain your options, and help you take the next step with confidence.

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