Chapter 13.5 Procedures for Initiating and Responding to a Challenge

• Jurisdiction: Washington

§13.5 PROCEDURES FOR INITIATING AND RESPONDING TO A CHALLENGE

This section addresses the procedures for admitting a will to probate, bringing a will contest, and responding to a will contest or a challenge that is not a contest of the will.

(1) Admitting a will to probate

Chapter 11.20 RCW is entitled "Custody, proof, and probate of wills." RCW 11.20.020 provides:

(1) Applications for the probate of a will and for letters testamentary, or either, may be made to the judge of the court having jurisdiction and

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the court may immediately hear the proofs and either probate or reject such will as the testimony may justify. Upon such hearing the court shall make and cause to be entered a formal order, either establishing and probating such will, or refusing to establish and probate the same, and such order shall be conclusive except in the event of a contest of such will as hereinafter provided. All testimony in support of the will shall be reduced to writing, signed by the witnesses, and certified by the judge of the court. If the application for probate of a will does not request the appointment of a personal representative and the court enters an adjudication of testacy establishing such will no further administration shall be required except as commenced pursuant to RCW 11.28.330 or 11.28.340.

Application to admit a will to probate is generally an ex parte matter and does not require notice to interested parties. In re Elliott's Estate, 22 Wn.2d 334, 338, 156 P.2d 427 (1945) ("It will be observed that this section of the statute does not require that notice of such hearing shall be given to anyone, but permits the probating of a will upon an ex parte application."). However, in In re Estate of Campbell, 47 Wn.2d 610, 612, 288 P.2d 852 (1955), the court was presented with two wills in consolidated hearings and took evidence to determine which of the wills should be admitted.

In Gordon v. Seattle-First National Bank, 49 Wn.2d 728, 736, 306 P.2d 739 (1957), the Supreme Court held that the decision of whether to entertain a challenge to the latest-dated will at the time of its application for probate, or admit the later will and require the challenger to file a will contest, is within the discretion of the court, unless the challenge is jurisdictional:

If an interested party objects to the admission to probate on the ground that the court lacks jurisdiction to do so, the court is bound, at the original hearing, to hear evidence on...