Legal Question in Wills and Trusts in Washington

Contesting a will

I have inherited all of my fathers estate and we are approaching the end of probate. I don't know what the estate is worth or what his assests were at the time of his death and I was wondering if I'm suppose to know that information prior to probate ending in case I want to contest something or does that happen after probate when you learn all the estates worth? My aunt is the executor and I don't always feel comfortable with her and I wonder if my inheritence could be going other palces than where my fathers will wished?


Asked on 6/06/05, 3:45 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Contesting a will

First off- you are not contesting the will you are considering whether to ask the personal representative for an accounting.

There is a document called a Declaration of COmpletion of probate (It may be called something else in your county) and it will have a general description of the basis for the probate and what has happened to the assets of the estate.

it gives you a strict timeline if you want the court to look more closely at the case. It will also have attached a copy of the will so you can compare what was in the estate with what you have gotten/ are getting.

The will was admitted into probate at the beginning of the probate process. It is a public record, and you can go to the courthouse and look at it if you want. Go to the clerks' office and ask for the person in charge of probate. They will help you find the document.

If there is any question in your mind that the personal representative has been concealing or wasting assets, then you need to contact the attorney who is probating the estate and tell them of your concerns.

Only you know whether this is something where you are better off with an attorney or just doing it yourself. Frankly, I'm more comfortable suggesting you go get counsel regardless of the circumstances

but especially if you are feeling that the P.R. hasn't been straight with you.

If you get that Notice of Completion of Probate,be aware that the matter will be finalized unless you act quickly - you have 30 days from when it was sent to you (via certified mail).

Good luck. Write if you need more help. Elizabeth

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Answered on 6/06/05, 3:58 pm


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