[WSBAPT] 28yo unprobated will vs 28 years adverse possession - please speculate!

[Eric Nelsen]

What happens if somebody's will, in the public record but not probated, is completely ignored for decades?

X has a will leaving house to child Y, leaving nothing to child Z. X owns a house.

X dies, and the will is filed for permanent record but no probate commenced.

Z moves into the house immediately after X dies.

Y does nothing for, let's say, 28 years.

Who wins ownership of the house? Z under 10-year adverse possession rules? Or Y if the will is, after 28 years, finally presented for probate?

Assume no communication between Y and Z, so no fair evading the question by arguing maybe Z held by Y's permission or some such.

I'm guessing Z does, because adverse possession tends to override all other interests. But what if Z was the named executor in the will they filed but elected not to probate?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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