[WSBARP] Probate or TEDRA?

[Jon Fritzler]

Decedent had three children.  Prior Will named all three children as beneficiaries.  Later Will names one of the children as sole beneficiary.  The two children who are not beneficiaries of the later Will believe it was the product of undue influence.  Decedent died a couple of years ago. No probate has been filed and neither Will has been filed with the court. Foreclosure proceedings against decedent's house have begun.

Can one of the two children who are not beneficiaries of the later Will petition to be appointed as Personal Representative under the prior Will if he discloses the existence of the later Will but states that he believes it is invalid (thereby putting the onus on the child named in the later Will to assert the validity of the later Will)?  Or would he need to file a TEDRA to contest the validity of the later Will?

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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