How do I challenge the validity of a will?
If you think that the will of a deceased person is not valid, you can challenge the will in Washington by filing a petition for probate in the superior court of the county where the deceased person was living when they died. The process you will go through to challenge a will may vary from county to county. Generally speaking, you must state your reasons for believing that the will is not valid in your petition. Examples of reasons could be that the will was not written and signed properly, it was done without the testator’s knowledge, or that the testator was not in their right mind when they wrote the will. Once the petition is filed, the court will schedule a hearing so that the parties involved can have the opportunity to make their arguments about why the will is or isn’t valid. Both sides get to present evidence that supports their argument. The court will then decide if the will is valid or not. If the court decides that the will is not valid, the deceased person’s estate will be distributed according to Washington’s laws of intestate succession. If you disagree with the court’s decision, you can file an appeal in the Court of Appeals of Washington.
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