Disputes during probate are stressful and emotional. When families disagree about what a will means, whether it is valid, or how assets should be distributed, the conflict can stop probate entirely. Washington has a powerful legal framework to resolve these disputes through the Trust and Estate Dispute Resolution Act (TEDRA), which allows challenges to be handled more efficiently and privately than traditional litigation.
This page explains the common types of estate disputes in Washington, how will contests work, and when TEDRA applies. Probate disputes are legally complex and can cause serious delays when not handled correctly. Families often need clear guidance from the beginning to protect the estate and prevent unnecessary escalation.
Pacific Northwest Family Law helps families navigate will contests, interpret unclear documents, address claims of undue influence, and resolve disagreements among beneficiaries. Whether your case needs negotiation, mediation, or a formal TEDRA action, our attorneys provide strategic, steady support during a difficult time.
➡ For more general information about the probate process, see our page Probate in Washington State
Myths and Misconceptions About Will Contests and Estate Disputes
Myth: “You cannot challenge a will once it has been filed with the court.”
A will may be contested for four months after it is admitted to probate under RCW 11.24.010, which begins when the court approves the personal representative and accepts the will as valid. If no petition is filed and served within that four-month period, the probate becomes final and the will cannot be challenged except in very narrow circumstances. After that deadline passes, the will and the probate orders are binding on all parties.
Myth: “Only children can contest a will.”
Any interested party may challenge a will, including spouses, heirs, and named beneficiaries.
Myth: “Verbal promises override the written will.”
Washington courts enforce written estate documents unless valid evidence shows incapacity, undue influence, or fraud. Verbal promises are not recognized as wills.
Myth: “Disputes must always go through a full trial.”
Most Washington will disputes are resolved through TEDRA, which encourages mediation, arbitration, and negotiated agreements under RCW 11.96A.010. These procedures help families settle conflicts efficiently and avoid the time and cost of a full trial.
Myth: “If there is a will, the personal representative always has full authority.”
In Washington, a personal representative’s authority comes from the will, but their actions can still be challenged if they violate fiduciary duties or act outside the will’s terms. Beneficiaries may seek court intervention under RCW 11.68.070, and the court can limit or remove authority if needed. The will grants initial power, but the representative must still follow the law and remain accountable.
Grounds for Challenging a Will
What are the legal reasons to contest a will in Washington?
Wills may be challenged for lack of testamentary capacity, undue influence, improper execution, or fraud. RCW 11.24.010 governs the procedures for bringing a challenge. Courts review evidence to determine whether the document reflects the decedent’s true intentions.
What is undue influence?
Undue influence occurs when someone pressures or manipulates the decedent to change their estate plan. Courts look at vulnerability, dependency, or suspicious changes to determine influence. Undue influence claims often arise in blended families or caregiver situations.
How is testamentary capacity determined?
Capacity requires that the person understand the nature of a will, the property involved, and the natural heirs at the time the will is made. Washington courts apply a relatively low standard and recognize that a person with dementia or other impairments may still have capacity during periods of lucidity. Medical records and witness testimony are often used to determine whether capacity existed at the time of execution.
What if the will was not signed correctly?
A will must meet the requirements of RCW 11.12.020, including the decedent’s signature and two competent witnesses. If the will does not meet these formalities, it is invalid and cannot be admitted to probate. When that happens, the court will rely on the most recent properly executed will, or if none exists, the estate will be distributed under Washington’s intestacy laws.
➡ See [Probate When There Is No Will]
Disputes Among Heirs and Beneficiaries
What if heirs disagree about what the will means?
Ambiguous terms may require interpretation under RCW 11.96A. A TEDRA petition can clarify the meaning without lengthy litigation. Mediation often resolves these disputes efficiently.
What if beneficiaries question the personal representative’s actions?
Beneficiaries may request information, demand accounting, or challenge decisions if duties are not being met. RCW 11.68.070 allows courts to intervene when necessary. Good communication prevents many disputes.
➡ To learn more about Personal Representatives, see our page Personal Representatives and Fiduciary Duties
Can a beneficiary demand removal of the personal representative?
Yes. Removal is allowed under RCW 11.28.250 for misconduct, neglect, or conflict of interest. Courts appoint a new representative if the estate is at risk.
What if one heir is taking property without permission?
The personal representative may demand return of estate property and involve the court if needed. Unauthorized taking of assets violates Washington probate law. Early action protects the estate.
➡ See [Emergency Probate and Immediate Actions]
What happens in blended family disputes?
Conflicts often arise when stepchildren and surviving spouses disagree about inheritance. These cases may involve community property issues and nonprobate transfers. Courts use TEDRA procedures when disputes affect estate administration.
➡ See [Probate for Blended Families and Stepchildren]
TEDRA: Washington’s Framework for Resolving Estate Disputes
What is TEDRA?
TEDRA is the Trust and Estate Dispute Resolution Act, found in RCW 11.96A. It provides a flexible framework for resolving estate disputes through mediation, arbitration, or court action. TEDRA is designed to be faster and more private than traditional litigation.
When is TEDRA used?
TEDRA applies to almost any dispute involving a will, trust, or estate, including contests, beneficiary conflicts, and personal representative issues. It allows parties to tailor the process based on the case. TEDRA procedures often reduce time and cost.
Does TEDRA require mediation?
Many TEDRA actions include mandatory mediation under RCW 11.96A.300. Mediation helps parties reach agreements without a trial. Courts encourage early resolution whenever possible.
Can TEDRA be used to approve settlements?
Yes. RCW 11.96A.220 allows courts to approve binding agreements that resolve estate disputes. This ensures the settlement is legally enforceable and protects all parties.
How long do TEDRA actions take?
The timeline varies depending on the dispute. Many cases resolve within months due to mediation requirements. Complex cases involving capacity or valuation issues can take longer.
Protecting the Estate During a Dispute
What happens to probate while a will contest is pending?
The court may limit the personal representative’s powers until the dispute is resolved. Essential tasks like securing property and paying urgent expenses may still proceed. Distributions are paused to protect the estate.
How are assets safeguarded?
Assets can be protected by securing real property, taking possession of keys and financial records, and notifying banks, brokers, and other institutions not to authorize transfers without proper authority. In disputes involving real estate, a lis pendens may be filed to prevent unauthorized sales, and the court can issue orders under TEDRA or its general probate powers to freeze accounts or restrict transactions. Early legal action is often necessary to stop misuse, preserve value, and ensure the estate remains intact during the dispute.
Can family members block access to records or property?
No. The personal representative has legal authority to collect documents and protect assets. Interference may require court intervention to ensure compliance.
➡ For more information about property during probate, see our page Estate Assets, Real Estate, and Property Transfers
What if negotiations fail?
If mediation does not resolve the dispute, the case may move to arbitration or court under TEDRA. The judge will decide based on the evidence presented. Litigation is a last resort when agreement is not possible.
How Pacific Northwest Family Law Helps
Estate disputes require detailed knowledge of Washington probate law and experience navigating contested situations. We represent personal representatives, beneficiaries, and heirs in will contests, undue influence claims, capacity challenges, and conflicts involving estate documents. Our attorneys use TEDRA procedures to resolve disputes efficiently while protecting the estate’s value.
When litigation is necessary, we provide strong representation in court. When negotiation is possible, we help families reach fair, legally binding agreements. Whether your dispute is straightforward or deeply complex, we offer the guidance and strategy needed to protect your interests and move the probate process forward.
Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, December 2025.