Are there any restrictions on how an intestate succession can be challenged?

In Washington, there are some restrictions on how an intestate succession can be challenged. Generally, an intestate succession must be challenged within two years of the death of the decedent. Additionally, this challenge must be brought by an heir at law or a person having a property right in, or claim against, the estate of the decedent. Under Washington law, the challenge must be based on one of two statutory causes: (1) the decedent’s will has been revoked by another will, or (2) there has been a change in the law affecting the decedent’s intestate estate after his death. In the former, the person challenging the intestacy must have a vested interest in the estate of the decedent or a direct interest in the will. In addition, the person challenging the intestacy must prove all the facts necessary under the revocation statute. Finally, Washington law also provides that an intestacy may be challenged if the decedent was misled in making a will, or if it is found that the decedent was induced to make a will by fraud, misrepresentation or undue influence. In such cases, the party challenging the intestacy must prove that the decedent’s free will was overborne by the fraudulent or deceitful conduct of someone with direct or indirect interest in the estate.

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Are there any restrictions on how an intestate succession can be challenged?

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