RCW 11.125.160 — Washington Code / Title 11 / Chapter 125 / Section 160
RCW 11.125.160: Court petition—Who may file—Reasons may file.
Status: in_force

(1) Except as otherwise provided in the power of attorney, the following persons may bring a petition described in subsection (2) of this section: (a) The principal or the agent; (b) The spouse or state registered domestic partner of the principal; (c) The guardian of the estate or person of the principal; (d) Any other interested person, as long as the person demonstrates to the court's satisfaction that the person is interested in the welfare of the principal and has a good faith belief that the court's intervention is necessary, and that the principal is incapacitated at the time of filing the petition or otherwise unable to protect his or her own interests; and (e) A person asked to accept the power of attorney. (2) A person designated in subsection (1) of this section may file a petition requesting the court to construe a power of attorney or grant any other appropriate relief, including but not limited to: (a) Determination of whether the power of attorney is in effect or has terminated; (b) Compelling the agent to submit the agent's accounts or report the agent's acts as agent to the principal, the spouse or state registered domestic partner of the principal, the guardian of the person or the estate of the principal, or to any other person required by the court in its discretion, if the agent has not timely complied with a request under RCW 11.125.140 (9). However, a government agency having authority to protect the welfare of the principal may file a petition upon the agent's refusal or failure to submit an accounting upon written request and shall not be required to wait sixty days; (c) Ratification of past acts or approval of proposed acts of the agent; (d) Issuance of an order directing the agent to exercise or refrain from exercising authority in a power of attorney in a particular manner or for a particular purpose; (e) Modification of the authority of an agent under a power of attorney; (f) Removal of the agent on a determination by the court of both of the following: (i) Determination that the agent has violated or is unfit to perform the fiduciary duties under the power of attorney; and (ii) Determination that the removal of the agent is in the best interest of the principal; (g) Approval of the resignation of the agent and approval of the final accountings of the resigning agent if submitted, subject to any orders the court determines are necessary to protect the principal's interests; (h) Confirmation of the authority of a successor agent to act under a power of attorney upon removal or resignation of the previous agent; (i) Compelling a third person to honor the authority of an agent, provided that a third person may not be compelled to honor the agent's authority if the principal could not compel the third person to act in the same circumstances; (j) Order the agent to furnish a bond in an amount the court determines to be appropriate. (3) Any action commenced under this section shall be subject to the notice requirements of chapter 11.96A RCW. (4) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney. (5) Except as otherwise provided in RCW 11.125.200 (3)(b), any action commenced under this section shall be subject to the provisions of RCW 11.96A.150 .
RCW 11.130.235 — Washington Code / Title 11 / Chapter 130 / Section 235
RCW 11.130.235: Powers of guardian for minor.
Status: in_force

(1) Except as otherwise limited by court order, a guardian of a minor has the powers a parent otherwise would have regarding the minor's support, care, education, health, safety, and welfare. (2) Except as otherwise limited by court order, a guardian for a minor may: (a) Apply for and receive funds and benefits otherwise payable for the support of the minor to the minor's parent, guardian, or custodian under a statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship; (b) Unless inconsistent with a court order entitled to recognition in this state, take custody of the minor and establish the minor's place of dwelling in this state and, after following the process in RCW 26.09.405 through 26.09.560 and on authorization of the court, establish or move the minor's dwelling outside this state; (c) If the minor is not subject to conservatorship, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the minor, pay child support, or make other payments for the benefit of the minor; (d) Consent to health or other care, treatment, or service for the minor; or (e) To the extent reasonable, delegate to the minor responsibility for a decision affecting the minor's well-being. (3) The court may authorize a guardian for a minor to consent to the adoption of the minor if the minor does not have a parent.
RCW 11.68.065 — Washington Code / Title 11 / Chapter 68 / Section 065
RCW 11.68.065: Report of affairs of estate—Petition by beneficiary—Filing—Notice—Hearing—Other accounting and information.
Status: in_force

A beneficiary who has not acknowledged in writing that his, her, or its interest in an estate has been fully paid or distributed may petition the court for an order directing the personal representative to deliver a report of the affairs of the estate signed and verified by the personal representative. The petition may be filed at any time after one year from the day on which the report was last delivered, or, if none, then one year after the order appointing the personal representative. Upon hearing of the petition after due notice as required in RCW 11.96A.110 , the court may, for good cause shown, order the personal representative to deliver to the petitioner the report for any period not covered by a previous report. The report for the period shall include such of the following as the court may order: A description of the amount and nature of all property, real and personal, that has come into the hands of the personal representative; a statement of all property collected and paid out or distributed by the personal representative; a statement of claims filed and allowed against the estate and those rejected; any estate, inheritance, or fiduciary income tax returns filed by the personal representative; and such other information as the order may require. This subsection does not limit any power the court might otherwise have at any time during the administration of the estate to require the personal representative to account or furnish other information to any person interested in the estate.
RCW 11.110.260 — Washington Code / Title 11 / Chapter 110 / Section 260
RCW 11.110.260: Tax Reform Act of 1969, state implementation—Severability—RCW 11.110.200 through 11.110.260.
Status: in_force

If any provision of RCW 11.110.200 through 11.110.260 or the application thereof to any trust is held invalid, such invalidity shall not affect the other provisions or applications of RCW 11.110.200 through 11.110.260 which can be given effect without the invalid provision or application, and to this end the provisions of RCW 11.110.200 through 11.110.260 are declared to be severable.
RCW 11.100.025 — Washington Code / Title 11 / Chapter 100 / Section 025
RCW 11.100.025: Spousal or domestic partnership deduction interests.
Status: in_force

Notwithstanding RCW 11.98.070 (21)(a), 11.100.060 , or any other statutory provisions to the contrary, with respect to trusts which require by their own terms or by operation of law that all income be paid at least annually to the spouse or domestic partner of the trust's creator, which do not provide that on the termination of the income interest that the entire then remaining trust estate be paid to the estate of the spouse or domestic partner of the trust's creator, and for which a federal estate or gift tax marital deduction is claimed, any investment in or retention of unproductive property is subject to a power in the spouse or domestic partner of the trust's creator to require either that any such asset be made productive, or that it be converted to productive assets within a reasonable period of time unless the instrument creating the interest provides otherwise.
RCW 11.68.900 — Washington Code / Title 11 / Chapter 68 / Section 900
RCW 11.68.900: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
Status: in_force

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
RCW 11.125.350 — Washington Code / Title 11 / Chapter 125 / Section 350
RCW 11.125.350: Agent authority—Personal and family maintenance.
Status: in_force

(1) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to: (a) Perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse or state registered domestic partner, and the following individuals, whether living when the power of attorney is executed or later born: (i) The principal's children; (ii) Other individuals legally entitled to be supported by the principal; and (iii) The individuals whom the principal has customarily supported or indicated the intent to support; (b) Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party; (c) Provide living quarters for the individuals described in subsection (1) of this section by: (i) Purchase, lease, or other contract; or (ii) Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals; (d) Provide reasonable domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in subsection (1) of this section; (e) Pay expenses for necessary health care and custodial care on behalf of the individuals described in subsection (1) of this section; (f) Act as the principal's personal representative pursuant to the health insurance portability and accountability act, sections 1171 through 1179 of the social security act, 42 U.S.C. Sec. 1320d, as amended, and applicable regulations, for the limited purpose of making decisions regarding the payment of costs and expenses arising from past, present, or future health care provided to the principal which was consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal; (g) Continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in subsection (1) of this section; (h) Maintain credit and debit accounts for the convenience of the individuals described in subsection (1) of this section and open new accounts; and (i) Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations. (2) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under chapter 209, Laws of 2016.
RCW 11.28.160 — Washington Code / Title 11 / Chapter 28 / Section 160
RCW 11.28.160: Cancellation of letters of administration.
Status: in_force

The court appointing any personal representative shall have authority for any cause deemed sufficient, to cancel and annul such letters and appoint other personal representatives in the place of those removed.
RCW 11.95A.330 — Washington Code / Title 11 / Chapter 95A / Section 330
RCW 11.95A.330: Powerholder's authority to revoke or amend exercise.
Status: in_force

A powerholder may revoke or amend an exercise of a power of appointment only to the extent that: (1) The powerholder reserves a power of revocation or amendment in the instrument exercising the power of appointment and, if the power is nongeneral, the terms of the instrument creating the power of appointment do not prohibit the reservation; or (2) The terms of the instrument creating the power of appointment provide that the exercise is revocable or amendable.
RCW 11.104B.140 — Washington Code / Title 11 / Chapter 104B / Section 140
RCW 11.104B.140: Unitrusts—Unitrust policies.
Status: in_force

(1) In administering a unitrust under this article, a fiduciary shall follow a unitrust policy adopted under RCW 11.104B.120 (1) (a) or (b) or amended or replaced under RCW 11.104B.120 (1)(b). (2) A unitrust policy must provide: (a) The unitrust rate or the method for determining the unitrust rate under RCW 11.104B.150 ; (b) The method for determining the applicable value under RCW 11.104B.160 ; and (c) The rules described in RCW 11.104B.150 through 11.104B.180 , which apply in the administration of the unitrust, whether the rules are: (i) Mandatory, as provided in RCW 11.104B.160 (1) and 11.104B.170 (1); or (ii) Optional, as provided in RCW 11.104B.150 , 11.104B.160 (2), 11.104B.170 (2), and 11.104B.180 (1), to the extent the fiduciary elects to adopt those rules.
RCW 11.24.020 — Washington Code / Title 11 / Chapter 24 / Section 020
RCW 11.24.020: Filing of will contest petition—Notice.
Status: in_force

Upon the filing of the petition referred to in RCW 11.24.010 , notice shall be given as provided in RCW 11.96A.100 to the executors who have taken upon themselves the execution of the will, or to the administrators with the will annexed, to all legatees named in the will or to their guardians if any of them are minors, or their personal representatives if any of them are dead, and to all persons interested in the matter, as defined in *RCW 11.96A.030 (5).
RCW 11.107.010 — Washington Code / Title 11 / Chapter 107 / Section 010
RCW 11.107.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Ascertainable standard" means a standard relating to an individual's health, education, support, or maintenance within the meaning of Title 26 U.S.C. Sec. 2041(b)(1)(A) or 2514(c)(1) of the federal internal revenue code and any applicable regulations, as amended, as of July 23, 2017. (2) "Charitable interest" means an interest in a trust that: (a) Is held by a charitable organization; (b) Benefits charitable organizations; (c) Is held for charitable purposes; or (d) Holds assets subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational, or similar purposes. (3) "Charitable purpose" means a purpose that is for: The relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which are beneficial to a community. (4) "Decanting power" or "the decanting power" means the power of a trustee under this chapter to distribute income and principal of a first trust to one or more second trusts or to modify the terms of the first trust. (5) "Expanded discretion" means a discretionary power of distribution that is not limited to an ascertainable standard or a reasonably definite standard. (6) "First trust" means a trust over which a trustee may exercise the decanting power. (7) "Limited discretion" means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard. (8) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (9) "Qualified beneficiary" means a beneficiary that on the date of qualification is described in RCW 11.98.002 (2). (10) "Reasonably definite standard" means a clearly measurable standard under which a holder of a power of distribution is legally accountable within the meaning of Title 26 U.S.C. Sec. 674(b)(5)(A) of the federal internal revenue code and any applicable regulations, as amended, as of July 23, 2017. (11) "Second trust" means: (a) A first trust after modification under this chapter; or (b) A trust to which a distribution of income and principal from a first trust is or may be made under this chapter.
RCW 11.12.430 — Washington Code / Title 11 / Chapter 12 / Section 430
RCW 11.12.430: Electronic wills—Execution—Choice of law.
Status: in_force

A will executed electronically but not in compliance with RCW 11.12.440 (1) is an electronic will under RCW 11.12.400 through 11.12.491 if executed in compliance with the law of the jurisdiction where the testator is: (1) Physically located when the will is signed; or (2) Domiciled or resides when the will is signed or when the testator dies.
RCW 11.54.020 — Washington Code / Title 11 / Chapter 54 / Section 020
RCW 11.54.020: Amount of basic award.
Status: in_force

(1) The amount of the basic award shall be the greater of the following: (a) The value, as of the date of the decedent's death, of the decedent's property, or if the decedent is married or has a registered domestic partner, the value of the community property of the decedent and the decedent's spouse or registered domestic partner, that was exempt from attachment, execution, or forced sale under Title 6 RCW immediately before the decedent's death; or (b) The amount specified in RCW 6.13.030 (1)(a) or, if greater, the amount specified in subsection (3) of this section, on the date of the decedent's death. (2) If an award is divided among a surviving spouse or surviving registered domestic partner and the decedent's dependent children, the aggregate amount awarded to all the claimants under this section shall be the amount specified in subsection (1) of this section. (3) For 2024 and each calendar year thereafter, the amount of the basic award shall not be less than an amount that is calculated as follows: $125,000 multiplied by the inflation factor and then rounded to the nearest $1,000. The adjustment of the basic amount under this subsection shall be effective annually as of the first calendar day of the calendar year. The inflation factor is a fraction, the numerator of which is the consumer price index figure published for the most recent October preceding the effective date of the adjustment and the denominator of which is the consumer price index figure published for October 2021. No adjustment to the basic award shall be made under this subsection for a calendar year if the adjustment would result in the same or a lesser basic award than the basic award for the immediately preceding calendar year. For purposes of this subsection, "consumer price index" means the consumer price index for all urban consumers, all items in the Seattle area, not seasonally adjusted, as calculated by the bureau of labor statistics of the United States department of labor. For purposes of this subsection (3), "Seattle area" means the geographic area sample that includes Seattle and surrounding areas. In the event the bureau of labor statistics discontinues the use and publication of applicable averages, then the consumer price index to be used for the computation of the inflation factor shall be the consumer price average that was last published before the event that caused the inflation factor to be applied.
RCW 11.08.280 — Washington Code / Title 11 / Chapter 08 / Section 280
RCW 11.08.280: Limitation when claimant is minor or incompetent not under guardianship.
Status: in_force

The claims of any persons to escheated funds or real property which are not filed within seven years as specified above are forever barred, excepting as to those persons who are minors or who are legally incompetent and not under guardianship, in which event the claim may be filed within seven years after their disability is removed.
RCW 11.95A.355 — Washington Code / Title 11 / Chapter 95A / Section 355
RCW 11.95A.355: Exercise of power in favor of holder—Disregard of provision conferring absolute or similar power—Power of removal.
Status: in_force

If the holder of a lifetime or testamentary power of appointment may exercise the power in his or her own favor only for his or her health, education, support, or maintenance as described in section 2041 or 2514 of the Internal Revenue Code and the applicable regulations adopted under that section, then a provision of the instrument creating the power of appointment that purports to confer "absolute," "sole," "complete," "conclusive," or a similar discretion shall be disregarded in the exercise of that power in favor of the holder, and that power may then only be exercised reasonably and in accordance with the ascertainable standards set forth in RCW 11.95A.350 and this section. A person who has the right to remove or replace a trustee does not possess nor may the person be deemed to possess, by virtue of having that right, the power of the trustee who is subject to removal or to replacement.
RCW 11.96A.010 — Washington Code / Title 11 / Chapter 96A / Section 010
RCW 11.96A.010: Purpose.
Status: in_force

The overall purpose of this chapter is to set forth generally applicable statutory provisions for the resolution of disputes and other matters involving trusts and estates in a single chapter under Title 11 RCW. The provisions are intended to provide nonjudicial methods for the resolution of matters, such as mediation, arbitration, and agreement. The [This] chapter also provides for judicial resolution of disputes if other methods are unsuccessful.
RCW 11.95A.530 — Washington Code / Title 11 / Chapter 95A / Section 530
RCW 11.95A.530: Creditor claims—Nongeneral power.
Status: in_force

(1) Except as otherwise provided in subsections (2) and (3) of this section, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate. (2) Appointive property subject to a nongeneral power of appointment is subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent that the powerholder owned the property and, reserving the nongeneral power, transferred the property in violation of chapter 19.40 RCW. (3) If the initial gift in default of appointment is to the powerholder or the powerholder's estate, a nongeneral power of appointment is treated for purposes of this section and RCW 11.95A.500 through 11.95A.520 as a general power.
RCW 11.130.360 — Washington Code / Title 11 / Chapter 130 / Section 360
RCW 11.130.360: Basis for appointment of conservator.
Status: in_force

(1) On petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of a minor if the court finds by a preponderance of evidence that appointment of a conservator is in the minor's best interest, and: (a) If the minor has a parent, the court gives weight to any recommendation of the parent whether an appointment is in the minor's best interest; and (b) Either: (i) The minor owns funds or other property requiring management or protection that otherwise cannot be provided; (ii) The minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor's age; or (iii) Appointment is necessary or desirable to obtain or provide funds or other property needed for the support, care, education, health, or welfare of the minor. (2) On petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of an adult if the court finds by clear and convincing evidence that: (a) The adult is unable to manage property or financial affairs because: (i) Of a limitation in the adult's ability to receive and evaluate information or make or communicate decisions, even with the use of appropriate supportive services, technological assistance, or supported decision making; or (ii) The adult is missing, detained, or unable to return to the United States; (b) Appointment is necessary to: (i) Avoid harm to the adult or significant dissipation of the property of the adult; or (ii) Obtain or provide funds or other property needed for the support, care, education, health, or welfare of the adult or of an individual entitled to the adult's support; and (c) The adult's identified needs cannot be met by a protective arrangement instead of conservatorship or other less restrictive alternatives. (3) The court shall grant a conservator only those powers necessitated by demonstrated limitations and needs of the respondent and issue orders that will encourage development of the respondent's maximum self-determination and independence. The court may not establish a full conservatorship if a limited conservatorship, protective arrangement instead of conservatorship, or other less restrictive alternative would meet the needs of the respondent. (4) A determination by the court that a basis under subsection (2) of this section exists for the appointment of a conservator for an adult and on the issue of the rights that will be retained or restricted by the appointment of a conservator is a legal, not a medical decision. The determination must be based on demonstrated management insufficiencies over time in the area of property or financial affairs. Age, eccentricity, poverty, or medical diagnosis alone are not a sufficient basis under subsection (2) of this section to justify a determination that a conservator should be appointed for the respondent. (5) For purposes of subsection (2) of this section, an adult who resides in a long-term care facility, resides in another care setting, or is the subject of an involuntary commitment order is not considered missing or detained.
RCW 11.125.230 — Washington Code / Title 11 / Chapter 125 / Section 230
RCW 11.125.230: Remedies—Not exclusive.
Status: in_force

The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state other than this chapter.
RCW 11.68.100 — Washington Code / Title 11 / Chapter 68 / Section 100
RCW 11.68.100: Closing of estate—Alternative decrees—Notice—Hearing—Fees.
Status: in_force

(1) When the estate is ready to be closed, the court, upon application by the personal representative who has nonintervention powers, shall make and cause to be entered a decree that either: (a) Finds and adjudges that all approved claims against the decedent have been paid, finds and adjudges the heirs of the decedent or those persons entitled to take under the decedent's will, and distributes the decedent's property to the persons entitled to it; or (b) Approves the accounting of the personal representative and settles the estate of the decedent in the manner provided for in the administration of those estates in which the personal representative has not acquired nonintervention powers. (2) Either decree provided for in this section shall be made after notice given as provided for in the settlement of estates by a personal representative who has not acquired nonintervention powers. The petition for either decree provided for in this section shall state the fees paid or proposed to be paid to the personal representative, the personal representative's attorneys, accountants, and appraisers, and any heir, devisee, or legatee whose interest in the assets of a decedent's estate would be reduced by the payment of said fees shall receive a copy of said petition with the notice of hearing thereon; at the request of the personal representative or any said heir, devisee, or legatee, the court shall, at the time of the hearing on either petition, determine the reasonableness of said fees. The court shall take into consideration all criteria forming the basis for the determination of the amount of such fees as contained in the code of professional responsibility; in determining the reasonableness of the fees charged by any personal representative, accountants, and appraisers the court shall take into consideration the criteria forming the basis for the determination of attorney's fees, to the extent applicable, and any other factors which the court determines to be relevant in the determination of the amount of fees to be paid to such personal representative.
RCW 11.125.060 — Washington Code / Title 11 / Chapter 125 / Section 060
RCW 11.125.060: Power of attorney—Validity.
Status: in_force

(1) A power of attorney executed in this state on or after January 1, 2017, is valid if its execution complies with RCW 11.125.050 . (2) A power of attorney executed in this state before January 1, 2017, is valid if its execution complied with the law of this state as it existed at the time of execution. (3) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with: (a) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to RCW 11.125.070 ; or (b) The requirements for a military power of attorney pursuant to 10 U.S.C. Sec. 1044b, as amended. (4) Except as otherwise provided by statute other than chapter 209, Laws of 2016, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
RCW 11.12.230 — Washington Code / Title 11 / Chapter 12 / Section 230
RCW 11.12.230: Intent of testator controlling.
Status: in_force

All courts and others concerned in the execution of last wills shall have due regard to the direction of the will, and the true intent and meaning of the testator, in all matters brought before them.
RCW 11.104B.900 — Washington Code / Title 11 / Chapter 104B / Section 900
RCW 11.104B.900: Uniformity of application and construction.
Status: in_force

(1) In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (2) To the extent that this chapter is in conflict with RCW 11.68.090 , RCW 11.68.090 prevails.
RCW 11.95A.001 — Washington Code / Title 11 / Chapter 95A / Section 001
RCW 11.95A.001: Short title.
Status: in_force

This chapter may be known and cited as the uniform powers of appointment act.
RCW 11.05A.904 — Washington Code / Title 11 / Chapter 05A / Section 904
RCW 11.05A.904: Application.
Status: in_force

On July 22, 2007: (1) An act done before July 22, 2007, in any proceeding and any accrued right is not impaired by this chapter. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time that has commenced to run by the provisions of any statute before July 22, 2007, the provisions remain in force with respect to that right; and (2) Any rule of construction or presumption provided in this chapter applies to instruments executed and multiple-party accounts opened before July 22, 2007, unless there is a clear indication of a contrary intent.
RCW 11.84.025 — Washington Code / Title 11 / Chapter 84 / Section 025
RCW 11.84.025: Disposition of retirement system proceeds payable to slayer or abuser.
Status: in_force

Proceeds payable to a slayer or abuser as the beneficiary of any benefits flowing from one of the retirement systems listed in RCW 41.50.030 , by virtue of the decedent's membership in the department of retirement systems or by virtue of the death of decedent, shall be paid instead as designated in RCW 41.04.273 .
RCW 11.05A.040 — Washington Code / Title 11 / Chapter 05A / Section 040
RCW 11.05A.040: Minimum survival requirement—Co-owners.
Status: in_force

Except as provided in RCW 11.05A.060 , if (1) it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by one hundred twenty hours, one-half of the property passes as if one had survived by one hundred twenty hours and one-half as if the other had survived by one hundred twenty hours, and (2) there are more than two co-owners and it is not established by clear and convincing evidence that at least one of them survived the others by one hundred twenty hours, the property passes in the proportion that one bears to the whole number of co-owners.
RCW 11.12.265 — Washington Code / Title 11 / Chapter 12 / Section 265
RCW 11.12.265: Filing of original will with court before death of testator.
Status: in_force

Any person who has custody or control of any original will and who has not received knowledge of the death of the testator may deliver the will for filing under seal to any court having jurisdiction. The testator may withdraw the original will so filed upon proper identification. Any other person, including an attorney-in-fact or guardian of the testator, may withdraw the original will so filed only upon court order after showing of good cause. Upon request and presentation of a certified copy of the testator's death certificate, the clerk shall unseal the file. This section does not preclude filing a will not under seal and does not alter any duty of a person having knowledge of the testator's death to file the will.
RCW 11.98.220 — Washington Code / Title 11 / Chapter 98 / Section 220
RCW 11.98.220: Beneficiary trustee—Inferences of law—Judicial review.
Status: in_force

RCW 11.98.200 through 11.98.240 do not raise any inference that the law of this state prior to July 25, 1993, was different than under RCW 11.98.200 through 11.98.240 . Further, RCW 11.98.200 through 11.98.240 do not raise an inference that prior to July 25, 1993, a trustee's exercise or failure to exercise a power described in RCW 11.98.200 through 11.98.240 was not subject to review by a court of competent jurisdiction for abuse of discretion or breach of fiduciary duty under chapter 11.96A RCW or other applicable law. Following July 25, 1993, the power of judicial review continues to apply.
RCW 11.98.240 — Washington Code / Title 11 / Chapter 98 / Section 240
RCW 11.98.240: Beneficiary trustee—Applicability—Exceptions—Election of exception—Cause of action.
Status: in_force

(1)(a) RCW 11.98.200 and 11.98.210 respectively apply to: (i) A trust established under a will, codicil, trust agreement, declaration of trust, deed, or other instrument executed after July 25, 1993, unless the instrument's terms refer specifically to RCW 11.98.200 or 11.98.210 respectively and provide expressly to the contrary. However, except for RCW 11.98.200 (3), the 1994 c 221 amendments to RCW 11.98.200 apply to a trust established under a will, codicil, trust agreement, declaration of trust, deed, or other instrument executed after January 1, 1995, unless the instrument's terms refer specifically to RCW 11.98.200 and provide expressly to the contrary. (ii) A trust created under a will, codicil, trust agreement, declaration of trust, deed, or other instrument executed before July 25, 1993, unless: (A) The trust is revoked or amended and the terms of the amendment refer specifically to RCW 11.98.200 and provide expressly to the contrary; (B) All parties in interest, as defined in subsection (3) of this section elect affirmatively, in the manner prescribed in subsection (4) of this section, not to be subject to the application of this subsection. The election must be made by the later of September 1, 2000, or three years after the date on which the trust becomes irrevocable; or (C) A person entitled to judicial proceedings for a declaration of rights or legal relations under RCW 11.96A.080 obtains a judicial determination that the application of this subsection (1)(a)(ii) to the trust is inconsistent with the provisions or purposes of the will or trust. (b) Notwithstanding (a) of this subsection, RCW 11.98.200 and 11.98.210 respectively apply to a trust established under a will or codicil of a decedent dying on or after July 25, 1993, and to an inter vivos trust to which the trustor had on or after July 25, 1993, the power to terminate, revoke, amend, or modify, unless: (i) The terms of the instrument specifically refer to RCW 11.98.200 or 11.98.210 respectively and provide expressly to the contrary; or (ii) The decedent or the trustor was not competent, on July 25, 1993, to change the disposition of his or her property, or to terminate, revoke, amend, or modify the trust, and did not regain his or her competence to dispose, terminate, revoke, amend, or modify before the date of the decedent's death or before the trust could not otherwise be revoked, terminated, amended, or modified by the decedent or trustor. (2) RCW 11.98.200 neither creates a new cause of action nor impairs an existing cause of action that, in either case, relates to a power proscribed under RCW 11.98.200 that was exercised before July 25, 1993. RCW 11.98.210 neither creates a new cause of action nor impairs an existing cause of action that, in either case, relates to a power proscribed, limited, or qualified under RCW 11.98.210 . (3) For the purpose of subsection (1)(a)(ii) of this section, "parties in interest" means those persons identified as "parties" under *RCW 11.96A.030 (4). (4) The affirmative election required under subsection (1)(a)(ii)(B) of this section must be made in the following manner: (a) If the trust is revoked or amended, through a revocation of or an amendment to the trust; or (b) Through a nonjudicial dispute resolution agreement described in RCW 11.96A.220 .
RCW 11.48.010 — Washington Code / Title 11 / Chapter 48 / Section 010
RCW 11.48.010: General powers and duties.
Status: in_force

It shall be the duty of every personal representative to settle the estate, including the administration of any nonprobate assets within control of the personal representative under RCW 11.18.200 , in his or her hands as rapidly and as quickly as possible, without sacrifice to the probate or nonprobate estate. The personal representative shall collect all debts due the deceased and pay all debts as hereinafter provided. The personal representative shall be authorized in his or her own name to maintain and prosecute such actions as pertain to the management and settlement of the estate, and may institute suit to collect any debts due the estate or to recover any property, real or personal, or for trespass of any kind or character.
RCW 11.95A.150 — Washington Code / Title 11 / Chapter 95A / Section 150
RCW 11.95A.150: Power to revoke or amend.
Status: in_force

A donor may revoke or amend a power of appointment only to the extent that: (1) The instrument creating the power is revocable by the donor; or (2) The donor reserves a power of revocation or amendment in the instrument creating the power of appointment.
RCW 11.98.015 — Washington Code / Title 11 / Chapter 98 / Section 015
RCW 11.98.015: Noncharitable trusts without ascertainable beneficiaries.
Status: in_force

Except as otherwise provided in chapter 11.118 RCW or by another statute, the following rules apply: (1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for longer than the time period specified in RCW 11.98.130 as the period during which a trust cannot be deemed to violate the rule against perpetuities; (2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. Such person is considered to be a permissible distributee of the trust; and (3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the trustor, if then living, otherwise to the trustor's successors in interest. Successors in interest include the beneficiaries under the trustor's will, if the trustor has a will, or, in the absence of an effective will provision, the trustor's heirs.
RCW 11.04.095 — Washington Code / Title 11 / Chapter 04 / Section 095
RCW 11.04.095: Inheritance from stepparent avoids escheat.
Status: in_force

If a person dies leaving a surviving spouse or surviving domestic partner and issue by a former spouse or former domestic partner and leaving a will whereby all or substantially all of the deceased's property passes to the surviving spouse or surviving domestic partner or having before death conveyed all or substantially all his or her property to the surviving spouse or surviving domestic partner, and afterwards the latter dies without heirs and without disposing of his or her property by will so that except for this section the same would all escheat, the issue of the spouse or domestic partner first deceased who survive the spouse or domestic partner last deceased shall take and inherit from the spouse or domestic partner last deceased the property so acquired by will or conveyance or the equivalent thereof in money or other property; if such issue are all in the same degree of kinship to the spouse or domestic partner first deceased they shall take equally, or, if of unequal degree, then those of more remote degree shall take by representation with respect to such spouse or such domestic partner first deceased.
RCW 11.86.090 — Washington Code / Title 11 / Chapter 86 / Section 090
RCW 11.86.090: Interests existing on June 7, 1973.
Status: in_force

Any interest which exists on June 7, 1973 but which has not then become indefeasibly vested, or the taker of which has not then become finally ascertained, or of the existence of the transfer of which the beneficiary lacks knowledge, may be disclaimed after June 7, 1973 in the manner provided in RCW 11.86.031 . However, for the purposes of RCW 11.86.031 (2), the date on which the beneficiary first knows of the existence of the transfer shall be deemed to be the date of the transfer.
RCW 11.90.020 — Washington Code / Title 11 / Chapter 90 / Section 020
RCW 11.90.020: Definitions.
Status: in_force

In this chapter: (1) "Adult" means an individual who has attained eighteen years of age. (2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 11.130 RCW, and includes a conservator appointed by the court in another state. (3) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under chapter 11.130 RCW, and includes a guardian appointed by the court in another state. (4) "Guardianship order" means an order appointing a guardian. (5) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued. (6) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding. (7) "Person," except in the term person under a guardianship, person under a conservatorship, or protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (8) "Person subject to a guardianship" means an adult for whom a guardian has been appointed. (9) "Protected person" means an adult for whom a protective order has been issued. (10) "Protective order" means an order appointing a conservator or other order related to management of an adult's property. (11) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued. (12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (13) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought. (14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
RCW 11.68.085 — Washington Code / Title 11 / Chapter 68 / Section 085
RCW 11.68.085: Nonintervention powers—Generally.
Status: in_force

A personal representative with nonintervention powers may administer and settle the estate without supervision or intervention by the court except as otherwise provided in this chapter.
RCW 11.28.220 — Washington Code / Title 11 / Chapter 28 / Section 220
RCW 11.28.220: Persons disqualified as sureties.
Status: in_force

No judge of the superior court, no sheriff, clerk of a court, or deputy of either, and no attorney-at-law shall be taken as surety on any bond required to be taken in any proceeding in probate.
RCW 11.40.140 — Washington Code / Title 11 / Chapter 40 / Section 140
RCW 11.40.140: Claim of personal representative—Presentation and petition—Filing.
Status: in_force

If the personal representative has a claim against the decedent, the personal representative must present the claim in the manner provided in RCW 11.40.070 , and the allowance or rejection of the claim shall be addressed, resolved, and settled under the procedures provided under chapter 11.96A RCW. This section applies whether or not the personal representative is acting under nonintervention powers.
RCW 11.28.240 — Washington Code / Title 11 / Chapter 28 / Section 240
RCW 11.28.240: Request for special notice of proceedings in probate—Prohibitions.
Status: in_force

(1) At any time after the issuance of letters testamentary or of administration or certificate of qualification upon the estate of any decedent, any person interested in the estate as an heir, devisee, distributee, legatee or creditor whose claim has been duly served and filed, or the lawyer for the heir, devisee, distributee, legatee, or creditor may serve upon the personal representative or upon the lawyer for the personal representative, and file with the clerk of the court wherein the administration of the estate is pending, a written request stating that the person desires special notice of any or all of the following named matters, steps or proceedings in the administration of the estate, to wit: (a) Filing of petitions for sales, leases, exchanges or mortgages of any property of the estate. (b) Petitions for any order of solvency or for nonintervention powers. (c) Filing of accounts. (d) Filing of petitions for distribution. (e) Petitions by the personal representative for family allowances and homesteads. (f) The filing of a declaration of completion. (g) The filing of the inventory. (h) Notice of presentation of personal representative's claim against the estate. (i) Petition to continue a going business. (j) Petition to borrow upon the general credit of the estate. (k) Petition for judicial proceedings under chapter 11.96A RCW. (l) Petition to reopen an estate. (m) Intent to distribute estate assets, other than distributions in satisfaction of specific bequests or legacies of specific dollar amounts. (n) Intent to pay attorney's or personal representative's fees. The requests shall state the post office address of the heir, devisee, distributee, legatee or creditor, or his or her lawyer, and thereafter a brief notice of the filing of any of the petitions, accounts, declaration, inventory or claim, except petitions for sale of perishable property, or other tangible personal property which will incur expense or loss by keeping, shall be addressed to the heir, devisee, distributee, legatee or creditor, or his or her lawyer, at the post office address stated in the request, and deposited in the United States post office, with prepaid postage, at least ten days before the hearing of the petition, account or claim or of the proposed distribution or payment of fees; or personal service of the notices may be made on the heir, devisee, distributee, legatee, creditor, or lawyer, not less than five days before the hearing, and the personal service shall have the same effect as deposit in the post office, and proof of mailing or of personal service must be filed with the clerk before the hearing of the petition, account or claim or of the proposed distribution or payment of fees. If the notice has been regularly given, any distribution or payment of fees and any order or judgment, made in accord therewith is final and conclusive. (2) Notwithstanding subsection (1) of this section, a request for special notice may not be made by a person, and any request for special notice previously made by a person becomes null and void, when: (a) That person qualifies to request special notice solely by reason of being a specific legatee, all of the property that person is entitled to receive from the decedent's estate has been distributed to that person, and that person's bequest is not subject to any subsequent abatement for the payment of the decedent's debts, expenses, or taxes; (b) That person qualifies to request special notice solely by reason of being an heir of the decedent, none of the decedent's property is subject to the laws of descent and distribution, the decedent's will has been probated, and the time for contesting the probate of that will has expired; or (c) That person qualifies to request special notice solely by reason of being a creditor of the decedent and that person has received all of the property that the person is entitled to receive from the decedent's estate.
RCW 11.110.100 — Washington Code / Title 11 / Chapter 110 / Section 100
RCW 11.110.100: Investigations by attorney general authorized—Appearance and production of books, papers, documents, etc., may be required.
Status: in_force

The attorney general may investigate transactions and relationships of trustees and other persons subject to this chapter for the purpose of determining whether the trust or other relationship is administered according to law and the terms and purposes of the trust, or to determine compliance with this chapter in any other respect. He or she may require any officer, agent, trustee, fiduciary, beneficiary, or other person, to appear, at a time and place designated by the attorney general in the county where the person resides or is found, to give information under oath and to produce books, memoranda, papers, documents of title, and evidence of assets, liabilities, receipts, or disbursements in the possession or control of the person ordered to appear.
RCW 11.125.410 — Washington Code / Title 11 / Chapter 125 / Section 410
RCW 11.125.410: Agent authority—Principal's minor children.
Status: in_force

Unless the power of attorney otherwise provides, the following general provisions shall apply to any power of attorney making reference to the care of the principal's minor children: (1) A parent or guardian, through a power of attorney, may authorize an agent to make health care decisions on behalf of one or more of his or her children, or children for whom he or she is the legal guardian, who are under the age of majority as defined in RCW 26.28.015 , to be effective if the child has no other parent or legal representative readily available and authorized to give such consent. (2) A principal may further nominate a guardian or guardians of the person, or of the estate or both, of a minor child, whether born at the time of making the durable power of attorney or afterwards, to continue during the disability of the principal, during the minority of the child or for any less time by including such a provision in his or her power of attorney. (3) The authority of any guardian of the person of any minor child shall supersede the authority of a designated agent to make health care decisions for the minor only after such designated guardian has been appointed by the court. (4) In the event a conflict between the provisions of a will nominating a testamentary guardian under chapter 11.130 RCW and the nomination of a guardian under the authority of this statute, the most recent designation shall control.
RCW 11.12.480 — Washington Code / Title 11 / Chapter 12 / Section 480
RCW 11.12.480: Electronic wills—Certified paper copies.
Status: in_force

An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. If the electronic will is made self-proving, the certified paper copy of the will must include the self-proving affidavits.
RCW 11.120.060 — Washington Code / Title 11 / Chapter 120 / Section 060
RCW 11.120.060: Procedure for disclosing digital assets.
Status: in_force

(1) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: (a) Grant a fiduciary or designated recipient full access to the user's account; (b) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or (c) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. (2) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter. (3) A custodian need not disclose under this chapter a digital asset deleted by a user. (4) If a user directs or a fiduciary or designated recipient requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or the fiduciary or designated recipient may seek an order from the court to disclose: (a) A subset limited by date of the user's digital assets; (b) All of the user's digital assets to the fiduciary or designated recipient; (c) None of the user's digital assets; or (d) All of the user's digital assets to the court for review in camera.