Wash. Rev. Code » Title 11 · Chapter 11.76
Revised Code of Washington

Wash. Rev. Code § 11.76.070 (2026)

Attorney's fees to contestant of erroneous account or report

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
If, in any probate or guardianship proceeding, any personal representative shall fail or neglect to report to the court concerning his or her trust and any beneficiary or other interested party shall be reasonably required to employ legal counsel to institute legal proceedings to compel an accounting, or if an erroneous account or report shall be rendered by any personal representative and any beneficiary of said trust or other interested party shall be reasonably required to employ legal counsel to resist said account or report as rendered, and upon a hearing an accounting shall be ordered, or the account as rendered shall not be approved, and the said personal representative shall be charged with further liability, the court before which said proceeding is pending may, in its discretion, in addition to statutory costs, enter judgment for reasonable attorney's fees in favor of the person or persons instituting said proceedings and against said personal representative, and in the event that the surety or sureties upon the bond of said personal representative be made a party to said proceeding, then jointly against said surety and said personal representative, which judgment shall be enforced in the same manner and to the same extent as judgments in ordinary civil actions.
[ 2010 c 8 s 2066; 1965 c 145 s 11.76.070. Prior: 1937 c 28 s 2; RRS s 1590-2.]

Notes:

Rules of court: SPR 98.12W.
Notes of Decisions
Cited in 13 cases, 1968–2016 · leading case: In Re the Est. of Larson, 694 P.2d 1051 (Wash. 1985).
Sort: Relevance Newest Treatment
In Re the Est. of Larson, 694 P.2d 1051 (Wash. 1985). · cites it 6× “The estate attorneys are entitled to a reasonable attorney fee for the preparation on the first two objections, provided such time is not included in the 364.”
In Re Hallauer, 723 P.2d 1161 (Wash. Ct. App. 1986). · cites it 7× “[1] Dunn contends that under the governing statute, RCW 11.76.070 and cases construing it, e.”
In Re Est. of Ehlers, 911 P.2d 1017 (Wash. Ct. App. 1996). · cites it 2× “RCW 11.76.070 provides that the trial court, in its discretion, may award attorney fees and costs to a beneficiary who was "reasonably required to employ legal counsel to institute legal proceedings to compel an ac *764 counting” by a personal representative, or to resist an…”
Matter of Est. of Cooper, 913 P.2d 393 (Wash. Ct. App. 1996). “She argues those fees were incurred in defending the alleged breach of his fiduciary duties.”
In Re Hamilton's Est., 441 P.2d 768 (Wash. 1968). · cites it 2× “The respondents cross-appeal from the allowance made by the trial court for attorney fees under RCW 11.76.070, on the ground that the amount was too small in relation to the services rendered in contesting the proposed final accounting.”
In Re Est. of Riemcke, 497 P.2d 1319 (Wash. 1972). “Thus, under RCW 11.76.070 the trial court properly exercised its discretion in making the award.”
Jones v. Child.'s Hosp. of Seattle, 843 P.2d 1112 (Wash. Ct. App. 1993). · cites it 4× “In this connection, Jones contends that the Superior Court had no authority to award attorney fees to Children's under RCW 11.76.070, the statute permitting the recovery of attorney fees to one successfully resisting erroneous reports or accounts.”
In Re the Est. of Walker, 521 P.2d 43 (Wash. Ct. App. 1974). · cites it 2× “) Finally, the trial court did not allow a surcharge against the executor for appellant’s attorney’s fees, pursuant to RCW 11.76.070. We think that ruling was proper for the trial phase of this case, inasmuch as the stipulated settlement did not provide for such surcharge and it…”
In Re Davison, 642 P.2d 1259 (Wash. Ct. App. 1982). · cites it 2× “Seattle-First argues RCW 11.76.070 [1] allows the court to exercise its discretion to fix liability for attorney's fees jointly between a surety and a principal.”
Seattle-First Nat'l Bank v. Aetna Life & Cas. Co., 642 P.2d 1259 (Wash. Ct. App. 1982). · cites it 2× “Seattle-First argues RCW 11.76.070 1 allows the court to exercise its discretion to fix liability for attorney's fees jointly between a surety and a principal.”
Dunn v. Rainier Nat'l Bank, 44 Wash. App. 795 (Wash. Ct. App. 1986). · cites it 7× “1 Dunn contends that under the governing statute, RCW 11.76.070 and cases construing it, e.”
Est. Of Mildred G. Johnson (Wash. Ct. App. 2016). · cites it 2× “150 and RCW 11.76.070. The beneficiaries alleged, among other things, self-dealing, conflicts of interest, and breach of fiduciary duty for Johnson’s attempts to sell Forest Park to himself and for paying himself approximately $85,000 for dealings related to SevenJs.”
Show all 13 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.