What are the applicable statutes of limitations for contesting a will?

In Washington, the applicable statutes of limitations for contesting a will are determined by the type of challenge being made to the will. In general, a person must file a claim within four years of the date the will was filed with the court, or within three years of the date of death, whichever is later. If the challenge relates to the decedent’s capacity to make the will, then the limitation is four years from the date the will was filed with the court. If the challenge relates to the manner in which the will was created, then the limitation is four years from the date of death. Finally, if the challenge relates to undue influence or fraud, then the limitation is six years from the date of death. In Washington, the court also allows for some exceptions to the standard statutes of limitations if the person challenging the will was a minor, mentally or physically incapacitated, or was somehow kept from filing the challenge within the time frame. In such cases, the statute of limitation may be extended so long as the person challenging the will can prove that he or she did not know of the claim or could not have reasonably discovered it within the applicable limitation period. It is important to keep in mind that the statutes of limitations for contesting a will in Washington can vary based on the type of challenge and the circumstances of the dispute. Therefore, it is best to consult with an experienced Washington attorney at the earliest opportunity in order to understand all of the applicable statutes of limitation in a particular situation.

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