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WA-Probate > Probate-Litigation > Re-Opening the Estate

 

L.  Re-Opening the Estate

 

 

1.  As Long as an Estate Remains Open, It May Be Sued

 

Any issue regarding the administration of an estate may be judicially determined by bringing an action under TEDRA.  RCW 11. 96A.030(1)(b) & RCW 11.96A.080(1)

 

 

2.  Once the Estate Has Been Closed, Generally It May No Longer Be Sued

 

In general, if a probate estate has been closed, it may not be re-opened, for example, so that its Personal Representative may be sued for breach of fiduciary duty.  RCW 11.96A.070(2)

 

 

3.  Exceptions to the General Rule

 

An estate may be re-opened so that:

Reasonable investigation "would have readily revealed plaintiffs relationship to and interest in the estate ...." and entitlement to notices.  Plaintiffs "were denied procedural due process.  Such a deprivation ... render[s] the decree of distribution void."  At pages 941-42.  "Such a decree is void and does not vest title in anyone.  [Citations omitted.]  Such probate and estate administrations are subject to attack [that] is without time limitation."  At pages 944-45.

 

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