Legal Opinion

Estate of Toth v. Cooke

Court of Appeals of Washington

Decided May 26, 1998No. 15893-4-IIIPublishedCited by 2 opinions

1Opinion of the CourtSchultheis, C.J.

— A will contest must be filed within four months from the date the will is admitted to probate. RCW 11.24.010. The order admitting the will of Bela Toth to probate and appointing Jack Cooke personal representative of the estate was filed on June 16, 1995. Mr. Toth’s relatives, Julia Webb, Bobbi Sabo and Ilona Webb, filed a petition contesting the will four months and three days later. The petition was dismissed as time-barred and the petitioners appeal, contending (1) CR 6(e) applies to extend the limitation period by three days, (2) common law allowing for a reasonable time to receive…

2Cases cited12 opinions

  1. Stikes Woods Neighborhood Ass'n v. City of LaceyWashington Supreme Court · 1994
  2. Robel v. Highline Public Schools, District No. 401Washington Supreme Court · 1965
  3. Tarabochia v. Town of Gig HarborCourt of Appeals of Washington · 1981
  4. In the Matter of Estate of Van DykeCourt of Appeals of Washington · 1989
  5. Langill v. StewartWashington Supreme Court · 1921

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3Cited by2 opinions

  1. In re the Estate of TothWashington Supreme Court · 1999
  2. In Re Estate of TothWashington Supreme Court · 1999

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