When a person dies in the state of Washington, their estate may go through probate. Probate is the legal process through which bills and taxes are paid and an estate’s assets are ultimately distributed to heirs. Essentially, the court supervises the final disposition of a decedent’s assets to ensure that the correct heirs receive their inheritance and that statutory requirements are met. The court appoints a “Personal Representative,” known more commonly as “executor” to administer the estate. The Personal Representative has the legal authority to manage, liquidate and ultimately distribute the estate assets and they will often engage a probate administration lawyer to ensure that the estate is administered correctly.
When a dispute arises during probate, the case may end up in court. Probate litigation can include issues such as questions regarding the validity of the will, conflicts among the heirs and beneficiaries, or complaints about how the Personal Representative is fulfilling their duties. As experienced Washington estate attorneys, we have the skill and knowledge necessary to help our clients resolve a dispute through negotiation or litigation.
At Reuter Corbett, we advocate for clients in a range of probate matters, including will contests and elder financial abuse. With a deep understanding of Washington probate and trust law, we adeptly navigate these disputes to help our clients achieve the best possible resolution. Contact our law firm today to schedule a consultation with a Washington probate litigation attorney.
What Is Probate Litigation?
Probate is the legal process through which an estate is administered in the state of Washington. Understanding the steps involved in probate is important to understanding how disputes about the process can arise. The general steps are as follows:
- Probate is initiated by filing a petition in court, together with a death certificate and the original will (if it exists).
- A Personal Representative is appointed by the court to oversee the administration of the estate. If there is a will, the Personal Representative preferred by the decedent will often be listed in that document.
- The Personal Representative takes an inventory of the decedent’s assets and values them. The inventory and appraisal documentation is then submitted to the court.
- The Personal Representative notifies creditors and beneficiaries about the estate.
- The Personal Representative pays bills and taxes and settles all outstanding debts.
- Once all debts are paid, the assets are distributed to heirs and beneficiaries. A final accounting is then submitted to the court and the Personal Representative is discharged closing the probate administration.
The Personal Representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries/heirs. They are required to manage the estate’s property separately from their own, act diligently and prudently, and make a full accounting to the court for all transactions.
Probate or estate litigation becomes necessary when a legal dispute arises during any part of the probate process. It may include matters such as:
- Contesting the validity of the will
- Disputing an interpretation of a provision of the will due to ambiguous language
- Challenging the executor’s performance or their fulfillment of their fiduciary duties
- Disputing the valuation of assets and/or the distribution of assets
For example, it isn’t uncommon for someone to challenge the validity of a last will and testament. To be valid, the maker of the will (testator) must have what is known as testamentary capacity. If one potential heir argues that the testator was not of sound mind when they made the will, that might be a basis to contest the will.
It is also not unusual for siblings to have conflict over the distribution of sentimental or high-value assets. Particularly in cases where the language of the will may be unclear, these arguments can lead to probate litigation.
An executor’s Personal Representative’s performance of their duties is also a prime area for probate litigation. Executors Personal Representatives have a fiduciary duty to manage estate affairs properly and provide information to heirs and beneficiaries in response to reasonable requests. If they fail to do so, the heirs or beneficiaries may file a lawsuit over the matter.
For example, consider a situation where a Personal Representative receives rent checks from rental properties owned by the estate and deposits the checks in their own account, instead of a separate account in the name of the estate. This is a violation of their fiduciary duty and an heir or beneficiary of the estate may challenge the Personal Representative’s actions through probate litigation. Remedies often include court orders requiring detailed accounting or reporting or removal of the Personal Representative.
Probate litigation can be emotionally charged and complicated. This type of litigation often occurs between family members who are still grieving the loss of a loved one. Our Washington probate litigation attorneys will guide you through the process and help you reach a resolution that protects your interests and the integrity of the estate.
The Role of a Washington Probate Litigation Attorney
If you have questions about the validity of a will or concerns about how an estate is being handled, understanding your legal rights is essential. Our firm helps clients navigate these complex situations and protect their interests in probate matters.
During your initial consultation, we listen to your story and review any available documentation. Drawing on our extensive knowledge of Washington probate law, we provide tailored legal advice and outline potential strategies for resolution, whether through negotiation or litigation.
Upon retention, we conduct a thorough review of all estate documents to verify their legitimacy. Our approach prioritizes settlement whenever possible, but when negotiation fails to achieve a fair resolution, we pursue formal legal action. With your approval, we file petitions in probate court based on the specific facts, evidence, and applicable Washington law in your case. These petitions may seek various remedies, such as removing a Personal Representative for breach of fiduciary duties or challenging a will’s validity on grounds of fraud or undue influence.
Throughout the litigation process, we provide comprehensive representation—appearing in court on your behalf, conducting discovery, and continuing settlement discussions when appropriate. Our goal is achieving a fair resolution for the estate, and we are prepared to take your case to trial if necessary to protect your rights.
What distinguishes our firm is our dual expertise in both probate administration and litigation. As experienced probate administrators, we understand each step of the process and recognize where disputes typically arise. This comprehensive knowledge of Washington estate law provides invaluable insight that occasional probate litigators cannot offer. We are dedicated exclusively to estate and trust matters, handling both administration and litigation.
We recognize that probate litigation presents unique emotional challenges. Disputes often involve family members or close friends during an already difficult period of mourning. Our firm provides compassionate, skilled representation to clients throughout Washington, combining legal excellence with sensitivity to the personal nature of these matters.
Committed Washington Probate Litigation Lawyers to Serve Your Interests
While no one welcomes probate litigation, it sometimes becomes necessary to ensure a loved one’s final wishes are honored and their estate is properly administered. Reuter Corbett helps clients navigate these disputes, whether contesting a will, challenging estate administration, or addressing other probate conflicts.
Our firm represents clients throughout Washington in both probate litigation and estate administration. This comprehensive experience in trust and estate matters enables us to work diligently toward achieving the best possible outcome for your case. To learn more or to schedule a consultation with a Washington probate litigation lawyer, give us a call at 866-468-0794 or fill out our online contact form.
