Detailed answer: Can you force a sibling to give you your parents’ estate plan in Washington?

Short answer: it depends on whether your parents are alive, whether the documents have been filed with a court, and whether you are a beneficiary or otherwise have legal rights. Washington law treats wills, trusts, and other estate planning documents differently. Below is a plain-language roadmap of the likely options and steps you can take.

1) If your parents are alive

Estate plans created while a person is alive are private. A sibling does not have a legal duty to hand over the documents unless they are the legal agent (under a power of attorney) or the designated trustee/attorney-in-fact with a fiduciary duty to provide certain information. If your parents are competent, the simplest route is to ask them directly to provide copies or to sign a release allowing the sibling to share the documents.

If a parent lacks capacity and the sibling acts as a guardian or has power of attorney, that sibling owes fiduciary duties. Washington’s laws on fiduciary duties to those under guardianship or as agents may require information sharing or accounting. If you suspect misuse, you can ask the court that oversees the guardianship or powers of attorney to order disclosure or accounting.

2) If a parent has died and the will has been submitted to probate

When a will is filed for probate, it becomes a public court record. You can obtain a copy from the probate clerk once the will has been presented to court. Washington’s probate statutes govern presentation and probate of wills; see the Revised Code of Washington chapter on presentation and probate of wills: RCW Chapter 11.20.

If your sibling has the original will and refuses to file it, anyone with knowledge of the will (including a beneficiary named in a will) can petition the court to require presentation of the will for probate. The court can compel production and, if necessary, appoint a person to present the will. That petition is usually filed in the superior court in the county where the deceased lived.

3) If a parent created a trust

Trust instruments are private unless the settlor (the person who created the trust) directs otherwise, or the trust becomes the subject of court proceedings. However, Washington law (the state’s trust rules) gives beneficiaries certain rights to information and accountings from a trustee. If you are a current beneficiary, you generally can request and receive relevant trust information and documents from the trustee. See Washington’s statutes implementing trust law: RCW Chapter 11.98 (Uniform Trust Act).

If the sibling is the trustee and refuses to provide required trust information, you can petition the court for an order compelling disclosure, for an accounting, or for relief for breach of fiduciary duty. The court can order production of documents, assess damages, and remove or surcharge a trustee in appropriate cases.

4) Practical legal actions you can take in Washington

• Document your request: send a written request (certified mail or email with delivery receipt) asking for copies and stating your relationship and whether you are a named beneficiary.
• Ask the parents directly (if alive and capable): the parents can provide copies or sign a release authorizing the sibling to share documents.
• If a will has not been filed after a death: file a petition to present the will or request the court to order production.
• If a trust exists and you are a beneficiary: demand required trust information from the trustee and, if refused, file a petition for an accounting or to compel disclosure under the Uniform Trust Act (see RCW Chapter 11.98).
• If you suspect a fiduciary breach (misuse of assets, hiding documents): file a petition in superior court alleging breach of fiduciary duty and asking for appropriate relief (accounting, removal, surcharge).
• In urgent cases (risk of asset dissipation), ask the court for temporary relief to preserve assets pending a full hearing.

5) What you will need to move forward

Collect and organize anything that shows your status (copy of prior estate documents, correspondence showing beneficiary status, death certificate if a parent died). Keep written records of your requests and the sibling’s responses. That documentation strengthens a petition to the court and helps an attorney evaluate your case.

6) Costs and likely timeline

Filing a petition in superior court creates filing fees and possibly attorney fees. A contested petition for production or an accounting can take months and may require discovery. If the situation is straightforward (a will filed with the court), you can get a copy quickly from the probate clerk.

7) Where to get help

If you need to force production, consult a Washington probate or trust attorney. They can review facts and file the proper petition. For referrals, see the Washington State Bar Association’s lawyer referral resources or your county superior court’s probate information pages.

Helpful Hints

• Be specific in a written request: name the document(s) you want (will, trust, power of attorney, health-care directive), state why you need them, and set a reasonable deadline.
• Preserve evidence: keep copies of letters, emails, text messages, and delivery receipts. These help demonstrate you tried to resolve the issue without court intervention.
• If your parents are alive and capable, ask them to put key documents in a safe place and give copies to all adult children or to a neutral third-party advisor.
• If a parent is incapacitated and the sibling claims authority, request a court-ordered accounting of actions taken under the power of attorney or guardianship.
• Do not threaten or use force. Legal remedies (court petitions) are the lawful route to compel production.
• Time matters: if someone may be moving assets or destroying documents, consult an attorney promptly about emergency relief.
• Check court records: if a parent died and a will was probated, the county superior court’s clerk should have the paperwork available for public inspection.