How are disputes resolved during probate?

In the state of Washington, disputes during the probate process can be resolved in a few different ways. Generally, the court will attempt to settle the dispute between the parties. This can be done through mediation, where a neutral third-party mediator is appointed to help the parties reach a resolution. If an agreement cannot be reached, the court may determine an outcome. If the dispute involves a will, then the court may decide to admit or deny the will, or an amendment to the will. In any situation, the decision will be based upon the law and evidence presented. For example, the court may consider the testator’s intent, if any, and any fraudulent, suspicious, or illegal activities related to the estate. In Washington, the court may also consider the circumstances under which the will was signed and the interests of the beneficiaries. In cases involving guardianships and conservatorships, the court will consider the best interests of the minor or disabled adult while also taking into consideration the wishes of the parties involved. The court may also appoint a third-party (such as a guardian ad litem) to investigate and make a recommendation to the court. Once all evidence has been considered, the court will make a decision. In the cases of probate disputes, parties can also try to reach an agreement outside of the court process. However, the court may still need to be involved in order to ensure fairness and the proper execution of the will or guardianship/conservatorship agreement.

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How are disputes resolved during probate?

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