What is a will contest?

A will contest is a legal challenge to a will. It is a way for a person to dispute the validity of a will or certain provisions of a will. In Washington, as in other states, a will contest is generally filed in the probate court of the county in which the deceased person lived. Generally, when a person dies, their will must be submitted in probate court and all beneficiaries named in the will must be notified. If someone thinks that the will is not valid, they can file a will contest, which is a lawsuit. Filing a will contest is difficult, however, because it requires clear evidence that the will is legally invalid. The person filing the will contest must be able to prove that the deceased person was not of sound mind, did not have the capacity to make a will, or was subject to undue influence, fraud, or mistake when the will was drafted. To be successful, the person contesting the will must have evidence to support their claim. If the court finds that the will is invalid, then the Estate will be distributed according to the laws of intestacy, which are the laws that determine how property is distributed when a person dies without a valid will. Will contests are complex legal proceedings, and the outcome of a will contest is unpredictable. A person who wishes to contest a will should speak with an attorney with experience in probate law in Washington to understand their rights and the best way to proceed.

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