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IN RE ESTATE OF KORDON

No. 22672-7-III.

103 P.3d 824 (2004)

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

Court of Appeals of Washington, Division 3, Panel Three.

December 16, 2004.

Attorney(s) appearing for the Case

Michael E. de Grasse, Attorney at Law, Walla Walla, WA, for Appellant.

John W. Lohrmann, Attorney at Law, Walla Walla, WA, for Respondent.

SWEENEY, A.C.J.

This is a will contest. The challenger petitioned to set aside the will but did not issue a "citation" to the personal representative until almost two years after she filed the petition. RCW 11.24.020 requires a citation. But a later statute, RCW 11.96A.100(2), requires the filing of a summons only if the adverse party is not already a party to the probate. Here, the personal representative was already a party to the probate and therefore subject...

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