In re Estate of Toth

A will contest must be filed within four months from the date the will is admitted to probate. RCW 11.24.010. The order admitting the will of Bela Toth to probate and appointing Jack Cooke personal representative of the estate was filed on June 16, 1995. Mr. Toths relatives, Julia Webb, Bobbi Sabo and Ilona Webb, filed a petition contesting the will four months and three days later. The petition was dismissed as time-barred and the petitioners appeal, contending (1) CR 6(e) applies to extend the limitation period by three days, (2) common law allowing for a reasonable time to receive notice by mail applies to probate proceedings, and (3) notice pursuant to RCW 11.28.237 for pendency of probate is constitutionally inadequate. We agree that CR 6(e) applies to these facts and reverse.