Cleveland v. Duke

Summary

The Washington Supreme Court held that the Trust and Estate Dispute Resolution Act applies to will contests but does not eliminate the statutory requirement under RCW 11.24.020 to request and serve a citation. Because Helen Cleveland failed to timely issue and serve the citation on the personal representative, the court lacked personal jurisdiction and the will contest was time-barred. The court affirmed dismissal of the contest.

Holdings

1. TEDRA applies to will contests because a will contest presents a question arising in the administration of an estate and therefore constitutes a TEDRA matter.
2. TEDRA does not affect the requirement under RCW 11.24.020 that a party contesting a will request and serve a citation on the executors, administrators, and other specified parties.
3. Failure to request and timely serve the citation required by RCW 11.24.020 deprives the court of personal jurisdiction over a party to the will contest.
4. Cleveland's citation, issued and served more than two years after she filed the will-contest petition, was untimely and could not cure the jurisdictional defect.

Questions Presented

1. Whether TEDRA applies to statutory will contests.
2. Whether TEDRA's notice provisions eliminate or modify the citation requirement imposed by RCW 11.24.020.
3. Whether Cleveland's failure to request and serve a citation within the applicable limitations period deprived the court of personal jurisdiction and required dismissal of the will contest.

Disposition

affirmed