Wash. Rev. Code » Title 11 · Chapter 11.24
Revised Code of Washington

Wash. Rev. Code § 11.24.010 (2026)

✓ current as of May 2026
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If any person interested in any will shall appear within four months immediately following the probate or rejection thereof, and by petition to the court having jurisdiction contest the validity of said will, or appear to have the will proven which has been rejected, he or she shall file a petition containing his or her objections and exceptions to said will, or to the rejection thereof. Issues respecting the competency of the deceased to make a last will and testament, or respecting the execution by a deceased of the last will and testament under restraint or undue influence or fraudulent representations, or for any other cause affecting the validity of the will or a part of it, shall be tried and determined by the court.
For the purpose of tolling the four-month limitations period, a contest is deemed commenced when a petition is filed with the court and not when served upon the personal representative. The petitioner shall personally serve the personal representative within ninety days after the date of filing the petition. If, following filing, service is not so made, the action is deemed to not have been commenced for purposes of tolling the statute of limitations.
If no person files and serves a petition within the time under this section, the probate or rejection of such will shall be binding and final.
[ 2007 c 475 s 4; 1994 c 221 s 21; 1971 c 7 s 1; 1967 c 168 s 6; 1965 c 145 s 11.24.010. Prior: 1917 c 156 s 15; RRS s 1385; prior: 1891 p 382 s 8; Code 1881 s 1360; 1863 p 213 s 96; 1860 p 176 s 63.]

Notes:

Effective dates—1994 c 221: See note following RCW 11.100.035.
Notes of Decisions
Cited in 80 cases (7 in the last 5 years), 1952–2025 · leading case: Est. of Jepsen v. Miles, 358 P.3d 403 (Wash. 2015).
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Est. of Jepsen v. Miles, 358 P.3d 403 (Wash. 2015). · cites it 28× “The trial court initially granted the PR’s motion but reversed itself on reconsideration, holding that service under RCW 11.24.010 went solely to personal jurisdiction and that any objection on that basis was waived.”
In re the Est. of Toth, 138 Wash. 2d 650 (Wash. 1999). · cites it 15× “Cooke contends that CR 6(e) does not apply to will contests and that the four-month time period for will contests provided under RCW 11.24.010 is absolute. Because the will contest in this case was filed more than four months after Toth’s will was admitted to probate, Cooke…”
In Re Est. of Toth, 981 P.2d 439 (Wash. 1999). · cites it 15× “Cooke contends that CR 6(e) does not apply to will contests and that the four-month time period for will contests provided under RCW 11.24.010 is absolute. Because the will contest in this case was filed more than four months after Toth's will was admitted to probate, Cooke…”
Carlton v. Black, 153 Wash. 2d 152 (Wash. 2004). · cites it 4× “Myrna also contested the 1992 will under RCW 11.24.010 to prevent the four-month statute of limitations from running in case her petition to probate was unsuccessful.”
In Re Est. of Black, 102 P.3d 796 (Wash. 2004). · cites it 4× “Myrna also contested the 1992 will under RCW 11.24.010 to prevent the four-month statute of limitations from running in case her petition to probate was unsuccessful.”
In Re Est. of Peterson, 9 P.3d 845 (Wash. Ct. App. 2000). · cites it 14× “Betty Ianicelli and Lester Peterson appeal the trial court's denial of their motion for reconsideration, in which they sought application of the common law discovery rule to extend the four-month period for contesting a will under RCW 11.24.010. We affirm. FACTS Clarence L.”
In Re Est. of Kordon, 137 P.3d 16 (Wash. 2006). · cites it 5× “Failure to Issue a Citation Deprives the Court of Personal Jurisdiction Over a Party to a Will Contest ¶ 7 A will contest is a statutory proceeding governed by chapter 11.”
Cassell v. Portelance, 294 P.3d 1 (Wash. Ct. App. 2012). · cites it 9× “Portelance’s motion was a poorly disguised will contest that he had no standing to bring and for which the four-month limitation period in RCW 11.24.010 had long since passed. Cassell denied the allegations of fraud, but she did not initially supply sworn declarations or other…”
Golden v. World Gospel Mission, 146 Wash. App. 132 (Wash. Ct. App. 2008). · cites it 9× “¶8 On January 30, 2007, a superior court commissioner ordered that, to the extent that Golden’s motion and petition were a will contest, they were dismissed as time-barred by RCW 11.24.010. The commissioner also determined that, to the extent that Golden’s motion and petition…”
Cleveland v. Duke, 137 P.3d 16 (Wash. 2006). · cites it 4× “24.020 imposes no explicit statutory time limit on the issuance of a citation, it implicitly adopts the requirements of the Superior Court Civil Rules and Title 4 RCW, governing civil procedure.”
In the Matter of Est. of Van Dyke, 772 P.2d 1049 (Wash. Ct. App. 1989). · cites it 7× “On June 24, 1987, within the 4-month limitation period set forth by RCW 11.24.010, Gracie L. Jones filed a petition to contest Van Dyke's will.”
In Re The Est. Of Richard D. Kolesar, 532 P.3d 170 (Wash. Ct. App. 2023). · cites it 9× “The personal representative filed a motion to dismiss the will contest as untimely pursuant to RCW 11.24.010. The personal representative also asserted 4 No.”
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