In Re Estate of Kordon

137 P.3d 16
CourtWashington Supreme Court
DecidedJuly 24, 2006
Docket77164-2
StatusPublished
Cited by27 cases

This text of 137 P.3d 16 (In Re Estate of Kordon) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Estate of Kordon, 137 P.3d 16 (Wash. 2006).

Opinion

137 P.3d 16 (2006)

In re the Matter of the Estate of Robert KORDON, Deceased.
Helen D. Cleveland, Petitioner,
v.
Leilani R. Duke, as Personal Representative of the Estate of Robert Kordon; Leilani R. Duke, individually, Respondent.

No. 77164-2.

Supreme Court of Washington, En Banc.

Argued March 21, 2006.
Decided June 22, 2006.
As Amended July 24, 2006.

*17 Michael Edward de Grasse, Attorney at Law, Walla Walla, for Petitioner/Appellant.

John W. Lohrmann, Attorney at Law, Walla Walla, for Appellee/Respondent.

SANDERS, J.

¶ 1 Helen Cleveland appeals the dismissal of her petition contesting the will of Robert Kordon for failure to timely issue a citation to Kordon's personal representative under RCW 11.24.020.[1] Cleveland argues the Trust and Estate Dispute Resolution Act (TEDRA), chapter 11.96A RCW, eliminates the requirement to issue a citation to parties to an existing probate proceeding. The Court of Appeals affirmed, holding TEDRA inapplicable to will contests. We affirm on different grounds, holding TEDRA applies to will contests, but does not affect the RCW 11.24.020 citation requirement.

FACTS AND PROCEDURAL HISTORY

¶ 2 Robert Kordon executed a will on April 2, 2001 and died on April 24, 2001. The will named Leilani Duke as Kordon's personal representative. On April 25, 2001, the superior court issued an order admitting the will to probate, declaring the estate solvent, and appointing Duke as personal representative to act without intervention of the court.

¶ 3 On August 24, 2001, Kordon's sister Helen Cleveland filed a petition contesting the validity of the will. Cleveland did not issue a citation but did mail a copy of the petition to Duke's counsel. On September 15, 2003, Duke filed a motion to dismiss the will contest, arguing Cleveland's failure to issue a citation under RCW 11.24.020 deprived the court of jurisdiction. Cleveland issued a citation on October 9, 2003, but the superior court dismissed the will contest for lack of jurisdiction on December 9, 2003.

¶ 4 Cleveland appealed. Initially, the Court of Appeals reversed, holding RCW 11.96A.100 exempted her from issuing a citation to Duke. On reconsideration, the Court of Appeals affirmed, holding chapter 11.96A RCW inapplicable to will contests. Cleveland sought discretionary review, which this court granted.

STANDARD OF REVIEW

¶ 5 Dismissal for lack of jurisdiction under CR 12(b)(2) presents a question of law *18 reviewed de novo. State v. Squally, 132 Wash.2d 333, 340, 937 P.2d 1069 (1997).

ANALYSIS

¶ 6 The superior court correctly dismissed the will contest for lack of jurisdiction because Cleveland failed to request and timely serve a citation on Duke. A party contesting a will must request and serve a citation on the executor of the will. RCW 11.24.020. While chapter 11.96A RCW applies to will contests, RCW 11.96A.100 does not affect the RCW 11.24.020 citation requirement.

I. Failure to Issue a Citation Deprives the Court of Personal Jurisdiction Over a Party to a Will Contest

¶ 7 A will contest is a statutory proceeding governed by chapter 11.24 RCW. A party contesting a will must file a petition in the court with jurisdiction over the will. RCW 11.24.010. The party contesting the will must then request and serve a citation on all executors, administrators, and legatees of the will.[2] RCW 11.24.020.

¶ 8 A citation is equivalent to a civil summons, conferring personal jurisdiction over a party to a will contest. See In re Estate of Wheeler, 71 Wash.2d 789, 795, 431 P.2d 608 (1967). See also In re Murphy's Estate, 98 Wash. 548, 553, 168 P. 175 (1917) ("A citation is the process designated by the statute in probate proceedings for bringing adverse parties into court. It is the counterpart of the summons in ordinary civil proceedings."). Proper service of process "is essential to invoke personal jurisdiction over a party." In re Marriage of Markowski, 50 Wash.App. 633, 635-36, 749 P.2d 754 (1988). Accordingly, under RCW 11.24.020, failure to issue a citation deprives the court of personal jurisdiction over the party denied process.

II. TEDRA Does Not Affect the RCW 11.24.020 Citation Requirement

¶ 9 Cleveland argues TEDRA eliminates the requirement for a party contesting a will to issue citations to parties to the existing probate proceeding. It provides in relevant part:

Unless rules of court require or this title provides otherwise, or unless a court orders otherwise: .... A summons must be served in accordance with this chapter and, where not inconsistent with these rules, the procedural rules of court, however, if the proceeding is commenced as an action incidental to an existing judicial proceeding relating to the same trust or estate or nonprobate asset, notice must be provided by summons only with respect to those parties who were not already parties to the existing judicial proceedings.

RCW 11.96A.100(2). Indeed, Cleveland commenced this will contest as an action incidental to the existing probate proceeding, to which Duke was a party. However, the plain language of TEDRA indicates RCW 11.96A.100(2) does not affect the RCW 11.24.020 citation requirement.

¶ 10 The Court of Appeals incorrectly concluded a will contest is not a "matter" subject to TEDRA. In re Estate of Kordon, 126 Wash.App. 482, 486, 108 P.3d 1238 (2005). On the contrary, TEDRA expressly supplements chapter 11.24 RCW governing will contests. See RCW 11.96A.080(2).

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Bluebook (online)
137 P.3d 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-kordon-wash-2006.