Wash. Rev. Code § 11.103.050

Current through 2024

Section 11.103.050 - Limitation on action contesting validity of revocable trust-Distribution of trust property

(1) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the trustor's death within the earlier of:

(a) Twenty-four months after the trustor's death; or

(b) Four months after the trustee sent to the person by personal service, mail, or in an electronic transmission if there is a consent of the recipient to electronic transmission then in effect under the terms of RCW 11.96A.110, a notice including:

(i) The name and date of the trust;

(ii) The identity of the trustor or trustors;

(iii) The trustee's name, address, and telephone number; and

(iv) Notice of the time allowed for commencing a proceeding.

(2) Upon the death of the trustor of a trust that was revocable at the trustor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust, unless:

(a) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or

(b) A potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within sixty days after the contestant sent the notification.

(3) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.

RCW 11.103.050

Amended by 2013 c 272,§ 20, eff. 7/28/2013.

Added by 2011 c 327,§ 38, eff. 1/1/2012.

Application- 2013 c 272 : See note following RCW 11.98.002.

Application-Effective date- 2011 c 327 : See notes following RCW 11.103.020.