TEDRA: Formally Settling Probate Disputes in Whatcom County

(How this law can save, stall, or straighten out your inherited-home plan)

Three siblings. One Bellingham home. Zero agreement.

When their mother passed, “John, Jane, and Joe” inherited their mother’s Bellingham rambler. John wanted to sell it immediately. Jane wanted to keep it as a rental. Joe insisted their mom promised him the home years ago.

While the arguments heated up, the house sat vacant. Mail piled up. The heat stayed off. Contractors couldn’t get clear direction. And every week that passed, the value risked sliding.

Their attorney finally said the words most families hear at some point during probate:
“It is time to use TEDRA.”

That single step didn’t magically make everyone agree. But it gave them a structured way to settle the dispute, protect the house, and move forward. In the end, the siblings reached a written agreement, preserved family relationships, and sold the home with written clarity about how the proceeds would be divided.

Stories like this play out constantly throughout Washington State, and occasionally in Whatcom County. If you’re settling an estate, understanding TEDRA is one of the most practical tools you can have.

What TEDRA Really Is (In Regular English)

Washington’s Trust and Estate Dispute Resolution Act, or TEDRA, is simply the rulebook for resolving fights about estates, wills, and trusts. The law strongly encourages families to settle disagreements without duking it out in court.

If you’re someone who likes to read laws, it’s all right there for you in the RCW’s – Revised Code of Washington, as Chapter 11.96a.

https://app.leg.wa.gov/rcw/default.aspx?cite=11.96a

Think of TEDRA as the structured “pressure-relief valve” of the probate world.

It helps answer questions like:

• Does the will actually mean what one sibling thinks it means?

• Is everyone who should inherit actually included?

• Who has legal authority to sign documents?

• Is someone mishandling the estate?

• Who truly owns an asset, like a house that was “gifted” before death?

All of these are normal trigger points for a TEDRA petition.

Why TEDRA Shows Up (at all) in Probate Sales

From a real-estate perspective, TEDRA matters because disputes almost always touch the house:

Who can sign the listing agreement?
Who gets keys?
Who approves repairs?
Can we clean it out?
Can we sell it now?
Or do we have to wait?

TEDRA gives families a way to sort out these questions through mediation, arbitration, or a binding written agreement, instead of launching into a long expensive court battle.

If the parties can reach a written TEDRA agreement, it becomes binding and enforceable. This is often the cleanest path to getting the home sold and the estate settled.

If they cannot agree, the judge steps in as the final decision-maker.

Where TEDRA Helps Most (Real Scenarios I See)

1. A sibling questions the validity of the will.

Maybe they think Mom was influenced. Maybe they think the will was too old.

TEDRA creates a structured path: early mediation, defined timelines, and ground rules for house access while the dispute plays out.

2. Unclear ownership of the home.

A parent says “I want you to have the house someday,” and one child thinks that means ownership changed before death. TEDRA determines the actual legal owner and can authorize the sale terms.

3. Concerns about the personal representative’s conduct.

If someone is mismanaging the estate, or being accused of mismanaging it, a TEDRA petition can clarify duties or even request removal.

4. Disputes about who counts as an heir.

Omitted child. Stepchildren. Second marriages. Life gets complicated. TEDRA is how the court sorts it out.

How to Keep the Property Protected During a TEDRA Dispute

(Your “Heirs’ Playbook”)

While attorneys sort out the legal issues, your biggest priority is preserving the home’s value.

1. Freeze the risk.

Change locks. Forward mail. Keep heat and water on. Document condition with photos or video.

Vacant + winter + Whatcom County = preventable damage.

2. Get clarity about authority.

Until Letters Testamentary/Administration are issued, be careful with:

• Listing agreements

• Clean-out decisions

• Contractor work

• Repairs or improvements

3. Choose mediation early.

TEDRA encourages mediation, and it usually saves estates money, time, and emotional wear.

4. Put the agreement in writing.

A written TEDRA agreement that meets statutory requirements becomes binding on all interested parties.

5. Remember fee-shifting exists.

TEDRA allows courts to award attorney fees. Winning a fight does not always mean walking away clean. Losing can be even more expensive.

How I Help You Locally During a TEDRA Case

While the lawyers handle filings and mediation, I keep the property moving forward so you don’t lose momentum.

I can:

• Secure the home (locks, utilities, light maintenance)

• Coordinate clean-out and donation

• Bring in contractors for bids

• Provide a data-driven valuation

• Prepare a marketing plan that matches the legal timeline

This way, when the green light comes, the home is ready. No scrambling. No surprises. Maximum net to the heirs.

FAQs

(Simplified for real estate reality)

Q: What is a TEDRA agreement?

A: A written, signed settlement that all necessary parties agree on. Once completed properly, it is binding and enforceable.

Q: Is mediation optional?

A: No. Any party can invoke TEDRA mediation, and the law sets minimums to keep things moving.

Q: Does TEDRA really prefer settlement over court?

A: Yes. The statute explicitly says non-judicial resolution is preferred. Court is the fallback.

Q: What kinds of issues qualify for TEDRA?

A: Will challenges, heirship disputes, disagreements about asset ownership (including homes), fiduciary-duty claims, and creditor issues.

Final Thoughts

TEDRA can feel intimidating, but at its core, it is simply Washington State’s way of helping families settle disagreements without blowing up relationships, timelines, or the estate’s value.

If you’re navigating a probate home with tension or disagreement, the earlier you bring clarity and structure into the process, the smoother and more profitable the outcome tends to be.

If you want help securing the house or understanding how the real-estate side fits with the legal side, reach out to  me anytime. I’m at your service.