1. (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:

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

   2. (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:

      1. (i) The name and date of the trust;
      2. (ii) The identity of the trustor or trustors;
      3. (iii) The trustee's name, address, and telephone number; and
      4. (iv) Notice of the time allowed for commencing a proceeding.

2. (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:

   1. (a) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or
   2. (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. (3) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.

[ 2013 c 272 s 20; 2011 c 327 s 38.]

Notes:

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

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