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

Wash. Rev. Code § 11.24.050 (2026)

Costs

✓ current as of May 2026
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If the probate be revoked or the will annulled, assessment of costs shall be in the discretion of the court. If the will be sustained, the court may assess the costs against the contestant, including, unless it appears that the contestant acted with probable cause and in good faith, such reasonable attorney's fees as the court may deem proper.
[ 1965 c 145 s 11.24.050. Prior: 1917 c 156 s 19; RRS s 1389; prior: Code 1881 s 1366; 1860 p 177 s 69.]

Notes:

Rules of court: SPR 98.12W.
Personal representative
allowance of necessary expenses: RCW 11.48.050.
compensation—Attorney's fee: RCW 11.48.210.
Notes of Decisions
Cited in 40 cases (6 in the last 5 years), 1952–2026 · leading case: In re the Est. of Bussler, 160 Wash. App. 449 (Wash. Ct. App. 2011).
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In re the Est. of Bussler, 160 Wash. App. 449 (Wash. Ct. App. 2011). · cites it 6× “Karen cross appeals, arguing that the trial court erred in awarding her attorney fees paid from Jacquelyn’s estate rather than by Kathleen in her individual capacity under RCW 11.24.050. We hold that the trial court did not err in admitting the 2009 will to probate because…”
In Re Est. of Bussler, 247 P.3d 821 (Wash. Ct. App. 2011). · cites it 6× “Karen cross appeals, arguing that the trial court erred in awarding her attorney fees paid from Jacquelyn's estate rather than by Kathleen in her individual capacity under RCW 11.24.050. We hold that the trial court did not err in admitting the 2009 will to probate because…”
Bentzen v. Demmons, 842 P.2d 1015 (Wash. Ct. App. 1993). · cites it 3× “Under the American rule, the parties are responsible for their own attorney fees unless an award of fees is authorized by a private agreement, statute, or a recognized ground of equity.”
Trimm v. Davis, 977 P.2d 591 (Wash. Ct. App. 1999). · cites it 5× “RCW 11.24.050 provides for the assessment of costs and attorney fees against will contestants unless the contestants “acted with probable cause and in good faith.”
Carlton v. Black, 116 Wash. App. 476 (Wash. Ct. App. 2003). · cites it 2× “In circumstances such as these, where the proponent of a contested will prevails and probate is granted, RCW 11.24.050 authorizes the court to bill the contestants personally for the proponent’s fees.”
Marks v. Est. of Marks, 957 P.2d 235 (Wash. Ct. App. 1998). · cites it 4× “Did the court err in awarding attorney fees to Eldon Blanford from the estate? RCW 11.24.050 governs the award of attorney fees and costs in a will contest.”
In Re Est. of Kessler, 977 P.2d 591 (Wash. Ct. App. 1999). · cites it 5× “RCW 11.24.050 provides for the assessment of costs and attorney fees against will contestants unless the contestants "acted with probable cause and in good faith.”
In Re Est. of Black, 66 P.3d 670 (Wash. Ct. App. 2003). · cites it 2× “In circumstances such as these, where the proponent of a contested will prevails and probate is granted, RCW 11.24.050 authorizes the court to bill the contestants personally for the proponent's fees.”
Estill v. Sisters of Charity, 479 P.2d 1 (Wash. 1970). · cites it 4× “In this posture of the case RCW 11.24.050 was applicable. This statute provided: If the probate be revoked or the will annulled, assessment of costs shall be in the discretion of the court.”
Carlton v. Black, 153 Wash. 2d 152 (Wash. 2004). “150; see also RCW 11.24.050 (attorney fee statute under the will contest chapter stating that where a will is revoked, assessment of costs shall be in the court’s discretion).”
In Re Est. of Black, 102 P.3d 796 (Wash. 2004). “150; see also RCW 11.24.050 (attorney fee statute under the will contest chapter stating that where a will is revoked assessment of costs shall be in the court's discretion).”
Est. of Pfleghar, 670 P.2d 677 (Wash. Ct. App. 1983). · cites it 4× “The assessment of costs and attorney's fees in will contests is governed by RCW 11.24.050: If the probate be revoked or the will annulled, assessment of costs shall be in the discretion of the court.”
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