How to challenge an estate accounting in Washington more than a year after it was approved

Short answer: In Washington, overturning or reopening an approved estate accounting after more than a year is possible but difficult. You typically must show a legal basis to reopen the matter (for example, lack of proper notice, fraud, mistake, newly discovered assets, or other extraordinary circumstances) or pursue a separate claim against the personal representative (such as breach of fiduciary duty or surcharge). Procedural tools and deadlines vary, and the court will balance finality of the estate administration against equitable grounds for relief. This article explains the typical process, the legal theories you can use, practical steps to take, and where to find controlling law.

Disclaimer

This is general information about Washington probate practice only and not legal advice. I am not a lawyer. For advice about your particular situation, consult a licensed Washington attorney.

Detailed answer — what to expect and the legal paths available

Washington probate practice is governed by statutes in Title 11 RCW and by the Superior Court rules. Chapter 11.28 RCW covers accountings and related procedures; the chapter provides the general framework for filing and allowing accounts in probate. See Washington’s probate accounting chapter: RCW Chapter 11.28.

When a personal representative (executor or administrator) files an accounting and the court allows it (often after notice and opportunity to object), the allowance generally concludes that segment of administration. Courts value finality: the longer the lapse since allowance, the higher the burden to reopen. Still, several legal routes may remain open:

• Motion to vacate or set aside the allowance (equitable relief): If you did not receive proper notice, if the allowance resulted from fraud, mistake, or extrinsic collusion, or if the court lacked jurisdiction, you can ask the court to vacate or reopen the allowance. Washington courts apply civil standards for vacating orders — for example, relief for mistake, fraud, or newly discovered evidence. You may need to move under the court’s inherent equitable powers and applicable court rules (for vacation of judgments or orders).
• Independent claims against the personal representative: Instead of (or in addition to) asking the probate court to reopen the accounting, you can file a separate action against the personal representative for breach of fiduciary duty, conversion, negligence, or surcharge. These claims have their own elements and statute of limitations. If successful, you can recover missing funds regardless of a previously allowed accounting.
• Claims based on newly discovered assets: If important assets were concealed or unknown at the time of the accounting and they surface later, you can petition the probate court to reopen administration to bring those assets into the estate and seek an updated accounting.
• Lack of jurisdiction or defective allowance: If the court’s prior allowance was void because the proceeding lacked jurisdiction or because of a fundamental defect, the order may be vulnerable to challenge even after a long delay.

Which path applies depends on your facts. Courts will consider whether you had actual or constructive notice of the accounting, whether you had an opportunity to object earlier, and whether extraordinary circumstances justify reopening. Washington courts often expect prompt objection when notice is adequate.

Procedural tools and rules you may use

• Motion in the probate case to reopen or vacate an allowance: You typically file a petition or motion in the probate case asking the court to set aside or reopen the account. You must state legal grounds (fraud, mistake, lack of notice, newly discovered evidence) and provide supporting evidence. The court may hold a hearing and may require briefing.
• Motion to vacate under civil rules: Where appropriate, parties sometimes invoke Civil Rule 60(b)-type relief (relief from judgment or order for mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, or any other reason justifying relief) when the probate allowance is treated as an order or judgment. Consult local practice and the court clerk about the correct motion format for your county’s superior court.
• Independent lawsuit: File a separate suit against the personal representative for breach of fiduciary duty or surcharge. If you prevail, you can obtain money judgment or recovery and possibly a court order requiring the representative to account for missing funds.

Timing and deadlines

Washington courts emphasize prompt action. If you had proper notice of the accounting and failed to object within the time set by the court, later challenges face an uphill battle. Some claims (e.g., breach of fiduciary duty or conversion) are subject to state statutes of limitation. Because limitations and equitable doctrines (like laches) may apply, you should act quickly. Probate accounts are intended to provide closure; courts will weigh delays against claims of unfairness.

Burden of proof and evidence

To succeed in reopening an account or winning an independent claim, you must present clear and convincing proof for fraud or misconduct claims in some contexts, or a preponderance of the evidence for ordinary tort or contract claims. Documentary evidence (bank records, canceled checks, asset inventories), testimony from witnesses (co-trustees, financial institutions), and expert accounting analysis are often necessary.

Key Washington authorities you should review

• RCW Chapter 11.28 (Accounts) — general statutory framework: https://apps.leg.wa.gov/rcw/title11/11.28/
• Washington Courts — rules on motions and procedures (General Civil Rule 60 is commonly used as an analogue for relief from orders): CR 60 — Relief from judgment or order (check local court practices for probate).

Because the precise route depends on the facts and local court practice, an attorney can evaluate whether to file a motion in the probate file or a new lawsuit and which statutes of limitation apply.

Practical step-by-step checklist if you want to proceed

1. Obtain the probate file and the order allowing the account. Get all filed accountings, the certificate of allowance, and the court docket. Check whether you received formal notice and when the allowance occurred.
2. Identify grounds to reopen. Look for evidence of fraud, concealed assets, clerical error, lack of notice, or jurisdictional defects. Gather bank statements, inventories, communication records, and other documents.
3. Preserve evidence and consider a forensic accountant. If accounting irregularities appear, obtain copies of financial records and consider a forensic accountant to quantify losses or unexplained transfers.
4. Act quickly. Consult a Washington probate attorney promptly to determine the applicable statutes of limitation and to prepare any motion or lawsuit.
5. File a motion or complaint. Your attorney will draft a petition to reopen the probate account or a complaint against the personal representative, identify legal grounds, and request relief (vacatur, surcharge, disgorgement, or reopening of administration).
6. Prepare for litigation and settlement talks. The representative may respond with records or move to dismiss. Courts may order mediation or a hearing. Be prepared with evidence and a clear remedy request.

What relief can the court grant?

Possible remedies include:

• Setting aside the allowance and ordering a new accounting.
• Monetary recovery from the personal representative for breach of fiduciary duty or conversion (surcharge).
• Removal of the personal representative and appointment of a successor.
• Interest, costs, and attorney fees in appropriate circumstances.

Helpful Hints

• Act quickly: delay can hurt your case (laches and statutes of limitation matter).
• Get the full probate file and the specific court order that allowed the account—these documents frame your options.
• If you did not receive formal notice of the accounting, that fact can be a powerful basis to seek relief.
• Document and preserve all financial records and communications as soon as possible.
• Consider both in-probate motions and separate civil claims; sometimes both paths are necessary.
• Even if reopening the accounting is unlikely, independent claims against the personal representative may still permit recovery.
• Speak with a Washington probate attorney. Probate procedure and local court practice vary by county; an attorney can identify the best procedural vehicle and calculate any applicable deadlines.

Key resource: RCW Chapter 11.28 on accountings: https://apps.leg.wa.gov/rcw/title11/11.28/. For procedural relief from judgments or orders, review Civil Rule 60 on the Washington Courts site: CR 60.

If you want, provide the county or the case number and a brief summary of what you believe is wrong with the accounting (missing asset, suspicious transfer, no notice, etc.), and I can outline possible legal arguments and documents you would likely need to present to a Washington probate court.