RCW 11.48.190 — Washington Code / Title 11 / Chapter 48 / Section 190
RCW 11.48.190: Executor of executor may not sue for estate of first testator.
Status: in_force

An executor of an executor has no authority as such to commence or maintain an action or proceeding relating to the estate of the testator of the first executor, or to take any charge or control thereof.
RCW 11.10.900 — Washington Code / Title 11 / Chapter 10 / Section 900
RCW 11.10.900: Application of chapter.
Status: in_force

This chapter applies in all instances in which no other abatement scheme is expressly provided.
RCW 11.98.110 — Washington Code / Title 11 / Chapter 98 / Section 110
RCW 11.98.110: Contract and tort liability.
Status: in_force

As used in this section, a trust includes a probate estate, and a trustee includes a personal representative. The words "trustee" and "as trustee" mean "personal representative" and "as personal representative" where this section is being construed in regard to personal representatives. Actions on contracts which have been transferred to a trust and on contracts made by a trustee, and actions in tort for personal liability incurred by a trustee in the course of administration may be maintained by the party in whose favor the cause of action has accrued as follows: (1) The plaintiff may sue the trustee in the trustee's representative capacity and any judgment rendered in favor of the plaintiff is collectible by execution out of the trust property: PROVIDED, HOWEVER, If the action is in tort, collection shall not be had from the trust property unless the court determines in the action that (a) the tort was a common incident of the kind of business activity in which the trustee or the trustee's predecessor was properly engaged for the trust; or (b) that, although the tort was not a common incident of such activity, neither the trustee nor the trustee's predecessor, nor any officer or employee of the trustee or the trustee's predecessor, was guilty of personal fault in incurring the liability; or (c) that, although the tort did not fall within classes (a) or (b) above, it increased the value of the trust property. If the tort is within classes (a) or (b) above, collection may be had of the full amount of damage proved, and if the tort is within class (c) above, collection may be had only to the extent of the increase in the value of the trust property. (2) If the action is on a contract made by the trustee, the trustee may be held personally liable on the contract, if personal liability is not excluded. Either the addition by the trustee of the words "trustee" or "as trustee" after the signature of a trustee to a contract or the transaction of business as trustee under an assumed name in compliance with chapter 19.80 RCW excludes the trustee from personal liability. If the action is on a contract transferred to the trust or trustee, subject to any rights therein vested at time of the transfer, the trustee is personally liable only if he or she has in writing assumed that liability. (3) In any such action against the trustee in the trustee's representative capacity the plaintiff need not prove that the trustee could have secured reimbursement from the trust fund if the trustee had paid the plaintiff's claim. (4) The trustee may also be held personally liable for any tort committed by him or her, or by his or her agents or employees in the course of their employments only if, and to the extent that, damages for the tort are not collectible from trust property as provided in and pursuant to subsection (1) of this section. (5) The procedure for all actions provided in this section is as provided in RCW 11.96A.080 through 11.96A.200 . (6) Nothing in this section shall be construed to change the existing law with regard to the liability of the trustee of a charitable trust for the torts of the trustee.
RCW 11.106.020 — Washington Code / Title 11 / Chapter 106 / Section 020
RCW 11.106.020: Trustee's annual statement.
Status: in_force

The trustee or trustees appointed by any will, deed, or agreement executed must mail or deliver at least annually to each permissible distributee, as defined in RCW 11.98.002 , a written itemized statement of all current receipts and disbursements made by the trustee of the funds of the trust both principal and income, and upon the request of any such beneficiary must furnish the beneficiary an itemized statement of all property then held by that trustee, and may also file any such statement in the superior court of the county in which the trustee or one of the trustees resides.
RCW 11.20.030 — Washington Code / Title 11 / Chapter 20 / Section 030
RCW 11.20.030: Commission to take testimony of witness.
Status: in_force

If any witness be prevented by sickness from attending at the time any will is produced for probate, or reside out of the state or more than thirty miles from the place where the will is to be proven, such court may issue a commission annexed to such will, and directed to any judge, notary public, or other person authorized to administer an oath, empowering him or her to take and certify the attestation of such witness.
RCW 11.76.020 — Washington Code / Title 11 / Chapter 76 / Section 020
RCW 11.76.020: Notice of hearing—Settlement of report.
Status: in_force

It shall not be necessary for the personal representative to give any notice of the hearing of any report prior to the final report, except as in RCW 11.28.240 provided, but the court may require notice of the hearing of any such report.
RCW 11.110.270 — Washington Code / Title 11 / Chapter 110 / Section 270
RCW 11.110.270: Tax Reform Act of 1969, state implementation—Not for profit corporations.
Status: in_force

See RCW 24.40.010 through 24.40.070 .
RCW 11.100.045 — Washington Code / Title 11 / Chapter 100 / Section 045
RCW 11.100.045: Fiduciary—Duty to beneficiaries.
Status: in_force

A fiduciary shall invest and manage the trust assets solely in the interests of the trust beneficiaries. If a trust has two or more beneficiaries, the fiduciary shall act impartially in investing and managing the trust assets, taking into account any differing interests of the beneficiaries.
RCW 11.100.050 — Washington Code / Title 11 / Chapter 100 / Section 050
RCW 11.100.050: Scope of chapter—RCW 11.68.090 prevails.
Status: in_force

(1) The provisions of this chapter govern fiduciaries acting under wills, agreements, court orders, and other instruments effective before or after January 1, 1985. (2) To the extent that this chapter is in conflict with RCW 11.68.090 , RCW 11.68.090 prevails.
RCW 11.125.290 — Washington Code / Title 11 / Chapter 125 / Section 290
RCW 11.125.290: Agent authority—Stocks, bonds, and financial instruments.
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks, bonds, and financial instruments authorizes the agent to: (1) Buy, sell, and exchange stocks, bonds, and financial instruments; (2) Establish, continue, modify, or terminate an account with respect to stocks, bonds, and financial instruments; (3) Pledge stocks, bonds, and financial instruments as security to borrow, pay, renew, or extend the time of payment of a debt of the principal; (4) Receive certificates and other evidences of ownership with respect to stocks, bonds, and financial instruments; (5) Exercise voting rights with respect to stocks, bonds, and financial instruments in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote; (6) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and (7) Establish, continue, modify, and terminate option accounts.
RCW 11.48.120 — Washington Code / Title 11 / Chapter 48 / Section 120
RCW 11.48.120: Action on bond of previous personal representative.
Status: in_force

Any personal representative may in his or her own name, for the benefit of all persons interested in the estate, as defined in RCW 11.96A.030 (6) relative to a decedent's estate, maintain actions on the bond of a former personal representative of the same estate.
RCW 11.130.900 — Washington Code / Title 11 / Chapter 130 / Section 900
RCW 11.130.900: Uniformity of application and construction.
Status: in_force

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.
RCW 11.02.903 — Washington Code / Title 11 / Chapter 02 / Section 903
RCW 11.02.903: Severability—1985 c 30.
Status: in_force

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
RCW 11.84.040 — Washington Code / Title 11 / Chapter 84 / Section 040
RCW 11.84.040: Distribution of decedent's property.
Status: in_force

Property which would have passed to or for the benefit of the slayer or abuser by devise or legacy from the decedent shall be distributed as if he or she had predeceased the decedent.
RCW 11.110.075 — Washington Code / Title 11 / Chapter 110 / Section 075
RCW 11.110.075: Trust not exclusively for charitable purposes—Instrument and information not public—Access.
Status: in_force

A trust is not exclusively for charitable purposes, within the meaning of RCW 11.110.040 , when the instrument creating it contains a trust for several or mixed purposes, and any one or more of such purposes is not charitable within the meaning of RCW 11.110.020 , as enacted or hereafter amended. Such instrument shall be withheld from public inspection by the secretary of state and no information as to such noncharitable purpose shall be made public. The attorney general shall have free access to such information.
RCW 11.114.040 — Washington Code / Title 11 / Chapter 114 / Section 040
RCW 11.114.040: Transfer by gift or exercise of power of appointment.
Status: in_force

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to RCW 11.114.090 .
RCW 11.108.090 — Washington Code / Title 11 / Chapter 108 / Section 090
RCW 11.108.090: Generation-skipping transfer tax—Dispute resolution of federal law application.
Status: in_force

The personal representative, trustee, or any affected beneficiary under a will or trust may bring a proceeding under the trust and estate dispute resolution act in chapter 11.96A RCW, to determine whether the decedent intended that the references, presumptions, or rules of construction under RCW 11.108.080 be construed with respect to the federal law as it existed after December 31, 2009, including but not limited to the amendments made to federal law by the federal tax relief, unemployment insurance reauthorization, and job creation act of 2010, federal House Resolution No. 4853, P.L. 111-312. In making such determinations, extrinsic evidence may be considered, whether or not the governing instrument is found to be ambiguous, including but not limited to, information provided by the decedent to the decedent's attorney or personal representative. Such a proceeding must be commenced not later than two years following the death of the testator or grantor, and not thereafter.
RCW 11.100.130 — Washington Code / Title 11 / Chapter 100 / Section 130
RCW 11.100.130: Person to whom power or authority to direct or control acts of fiduciary or investments of a trust is conferred deemed a fiduciary—Liability.
Status: in_force

Whenever power or authority to direct or control the acts of a fiduciary or the investments of a trust is conferred directly or indirectly upon any person other than the designated trustee of the trust, such person shall be deemed to be a fiduciary and shall be liable to the beneficiaries of the trust and to the designated trustee to the same extent as if he or she were a designated trustee in relation to the exercise or nonexercise of such power or authority.
RCW 11.110.130 — Washington Code / Title 11 / Chapter 110 / Section 130
RCW 11.110.130: Violations—Civil action may be prosecuted.
Status: in_force

A civil action for a violation of this chapter may be prosecuted by the attorney general or by a prosecuting attorney.
RCW 11.76.095 — Washington Code / Title 11 / Chapter 76 / Section 095
RCW 11.76.095: Distribution of estates to minors.
Status: in_force

When a decree of distribution is made by the court in administration upon a decedent's estate or when distribution is made by a personal representative under a nonintervention will and distribution is ordered under such decree or authorized under such nonintervention will to a person under the age of eighteen years, it shall be required that: (1) The money be deposited in a bank or trust company or be invested in an account in an insured financial institution for the benefit of the minor subject to withdrawal only upon the order of the court in the original probate proceeding, or upon said minor's attaining the age of eighteen years and furnishing proof thereof satisfactory to the depositary; (2) A general guardian shall be appointed and qualify and the money or property be paid or delivered to such guardian prior to the discharge of the personal representative in the original probate proceeding; or (3) A custodian be selected and the money or property be transferred to the custodian subject to chapter 11.114 RCW.
RCW 11.97.900 — Washington Code / Title 11 / Chapter 97 / Section 900
RCW 11.97.900: Application of chapter.
Status: in_force

This chapter applies to the provisions of chapters 11.95A , 11.98, 11.100, and 11.104B RCW and to RCW 11.106.020 .
RCW 11.98.075 — Washington Code / Title 11 / Chapter 98 / Section 075
RCW 11.98.075: Certification of trust.
Status: in_force

(1) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information: (a) That the trust exists and the date the trust instrument was executed; (b) The identity of the trustor; (c) The identity and address of the currently acting trustee; (d) Relevant powers of the trustee; (e) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust; (f) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; and (g) The name of the trust or the titling of the trust property. (2) A certification of trust may be signed or otherwise authenticated by any trustee or by an attorney for the trust. (3) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect. (4) A certification of trust need not contain the dispositive terms of a trust. (5) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction or any other reasonable information. (6) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification. (7) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct. (8) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages, including reasonable attorney fees, if the court determines that the person did not act in good faith in demanding the trust instrument. (9) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.
RCW 11.130.500 — Washington Code / Title 11 / Chapter 130 / Section 500
RCW 11.130.500: Terms and requirements of bond.
Status: in_force

(1) The following rules apply to the bond required under RCW 11.130.445 : (a) Except as otherwise provided by the bond, the surety and the conservator are jointly and severally liable. (b) By executing a bond provided by a conservator, the surety submits to the personal jurisdiction of the court that issued letters of office to the conservator in a proceeding relating to the duties of the conservator in which the surety is named as a party. Notice of the proceeding must be given to the surety at the address shown in the records of the court in which the bond is filed and any other address of the surety then known to the person required to provide the notice. (c) On petition of a successor conservator or person affected by a breach of the obligation of the bond, a proceeding may be brought against the surety for breach of the obligation of the bond. (d) A proceeding against the bond may be brought until liability under the bond is exhausted. (2) A proceeding may not be brought under this section against a surety of a bond on a matter as to which a proceeding against the conservator is barred. (3) If a bond under RCW 11.130.445 is not renewed by the conservator, the surety or sureties immediately shall give notice to the court and the individual subject to conservatorship.
RCW 11.114.020 — Washington Code / Title 11 / Chapter 114 / Section 020
RCW 11.114.020: Scope and jurisdiction.
Status: in_force

(1) This chapter applies to a transfer that refers to this chapter in the designation under RCW 11.114.090 (1) by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state. (2) A person designated as custodian under this chapter is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship. (3) A transfer that purports to be made and which is valid under the uniform transfers to minors act, the uniform gifts to minors act, or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state. (4) A matter, whether at law or in equity, involving an account established under this chapter shall be addressed, resolved, and settled under the procedures provided under chapter 11.96A RCW.
RCW 11.80.010 — Washington Code / Title 11 / Chapter 80 / Section 010
RCW 11.80.010: Petition—Notice—Hearing—Appointment of trustee.
Status: in_force

Whenever it shall be made to appear by petition to any judge of the superior court of any county that there is property in such county, either real or personal, that requires care and attention, or is in such a condition that it is a menace to the public health, safety or welfare, or that the custodian of such property appointed by the owner thereof is either unable or unwilling to continue longer in the care and custody thereof, and that the owner of such property has absented himself or herself from the county and that his or her whereabouts is unknown and cannot with reasonable diligence be ascertained, or that the absentee owner is a person defined in RCW 11.80.120 , which petition shall state the name of the absent owner, his or her approximate age, his or her last known place of residence, the circumstances under which he or she left and the place to which he or she was going, if known, his or her business or occupation and his or her physical appearance and habits so far as known, the judge to whom such petition is presented shall set a time for hearing such petition not less than six weeks from the date of filing, and shall by order direct that a notice of such hearing be published for three successive weeks in a legal newspaper published in the county where such petition is filed and in such other counties and states as will in the judgment of the court be most likely to come to the attention of the absentee or of persons who may know his or her whereabouts, which notice shall state the object of the petition and the date of hearing, and set forth such facts and circumstances as in the judgment of the court will aid in identifying the absentee, and shall contain a request that all persons having knowledge concerning the absentee shall advise the court of the facts: PROVIDED, HOWEVER, That the court may, upon the filing of said petition, appoint a temporary trustee, who shall have the powers, duties and qualifications of a special administrator. If it shall appear at such hearing that the whereabouts of the absentee is unknown, but there is reason to believe that upon further investigation and inquiry he or she may be found, the judge may continue the hearing and order such inquiry and advertisement as will in his or her discretion be liable to disclose the whereabouts of the absentee, but when it shall appear to the judge at such hearing or any adjournment thereof that the whereabouts of the absentee cannot be ascertained, he or she shall appoint a suitable person resident of the county as trustee of such property, taking into consideration the character of the property and the fitness of such trustee to care for the same, preferring in such appointment the spouse or the domestic partner of the absentee to his or her presumptive heirs, the presumptive heirs to kin more remote, the kin to strangers, and creditors to those who are not otherwise interested, provided they are fit persons to have the care and custody of the particular property in question and will accept the appointment and qualify as hereinafter provided.
RCW 11.130.185 — Washington Code / Title 11 / Chapter 130 / Section 185
RCW 11.130.185: Basis for appointment of guardian for minor.
Status: in_force

(1) A person becomes a guardian for a minor only on appointment by the court. (2) The court may appoint a guardian for a minor who does not have a guardian if the court finds the appointment is in the minor's best interest and: (a) Each parent of the minor, after being fully informed of the nature and consequences of guardianship, consents; (b) All parental rights have been terminated; or (c) There is clear and convincing evidence that no parent of the minor is willing or able to exercise parenting functions as defined in RCW 26.09.004 .
RCW 11.130.205 — Washington Code / Title 11 / Chapter 130 / Section 205
RCW 11.130.205: Attendance and participation at hearing for appointment of guardian for minor.
Status: in_force

(1) The court shall allow a minor who is the subject of a hearing under RCW 11.130.195 to attend the hearing and allow the minor to participate in the hearing unless the court determines that: (a) The minor lacks the ability or maturity to participate meaningfully in the hearing; or (b) Attendance would be harmful to the minor. (2) Unless excused by the court for good cause, the person proposed to be appointed as guardian for a minor shall attend a hearing under RCW 11.130.195 . (3) Each parent of a minor who is the subject of a hearing under RCW 11.130.195 has the right to attend the hearing. (4) A person may request permission to participate in a hearing under RCW 11.130.195 . The court may grant the request, with or without hearing, on determining that it is in the best interest of the minor who is the subject of the hearing. The court may impose appropriate conditions on the person's participation.
RCW 11.56.030 — Washington Code / Title 11 / Chapter 56 / Section 030
RCW 11.56.030: Sale, lease or mortgage of real estate—Petition—Notice—Hearing.
Status: in_force

*** CHANGE IN 2026 *** (SEE 2445.SL ) ***

Whenever it shall appear to the satisfaction of the court that any portion or all of the real property should be sold, mortgaged or leased for the purpose of raising money to pay the debts and obligations of the estate, and the expenses of administration, estate taxes, or for the support of the family, to make distribution, or for such other purposes as the court may deem right and proper, the court may order the sale, lease or mortgage of such portion of the property as appears to the court necessary for the purpose aforesaid. It shall be the duty of the personal representative to present a petition to the court giving a description of all the property of the estate and its character, the amount of the debts, expenses and obligations of the estate and such other things as will tend to assist the court in determining the necessity for the sale, lease or mortgage and the amount thereof. Unless the court shall by order expressly so provide, no notice of the hearing of such petition for sale, lease or mortgage need be given, except as provided in RCW 11.28.240 hereof; if, however, the court should order notice of such hearing, it shall determine upon the kind, character and time thereof. At the hearing of such petition the court may have brought before it such testimony or information as it may see fit to receive, for the purpose of determining whether it should order any of the property of the estate sold, leased or mortgaged. The absence of any allegation in the petition shall not deprive the court of jurisdiction to order said sale, lease or mortgage, and the court may, if it see fit, order such sale, lease or mortgage without any petition having been previously presented.
RCW 11.20.010 — Washington Code / Title 11 / Chapter 20 / Section 010
RCW 11.20.010: Duty of custodian of will—Liability.
Status: in_force

Any person having the custody or control of any will shall, within thirty days after he or she shall have received knowledge of the death of the testator, deliver said will to the court having jurisdiction or to the person named in the will as executor, and any executor having in his or her custody or control any will shall within forty days after he or she received knowledge of the death of the testator deliver the same to the court having jurisdiction. Any person who shall wilfully violate any of the provisions of this section shall be liable to any party aggrieved for the damages which may be sustained by such violation.
RCW 11.95A.220 — Washington Code / Title 11 / Chapter 95A / Section 220
RCW 11.95A.220: Intent to exercise—After-acquired power.
Status: in_force

Unless the terms of the instrument exercising a power of appointment manifest a contrary intent: (1) Except as otherwise provided in subsection (2) of this section, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and (2) If the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.
RCW 11.114.230 — Washington Code / Title 11 / Chapter 114 / Section 230
RCW 11.114.230: Uniformity of application and construction.
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
RCW 11.98.230 — Washington Code / Title 11 / Chapter 98 / Section 230
RCW 11.98.230: Beneficiary trustee—Income under marital deduction—Spousal power of appointment.
Status: in_force

Notwithstanding any provision of RCW 11.98.200 through 11.98.240 seemingly to the contrary, RCW 11.98.200 through 11.98.240 do not limit or restrict the distribution of income of a trust that qualifies or that otherwise could have qualified for the marital deduction under section 2056 or 2523 of the Internal Revenue Code, those Internal Revenue Code sections requiring that all income be distributed to the spouse of the decedent or of the trustor at least annually, whether or not an election was in fact made under section 2056(b)(7) or 2523(f) of the Internal Revenue Code. Further, RCW 11.98.200 through 11.98.240 do not limit or restrict the power of a spouse of the trustor or the spouse of the decedent to exercise a power of appointment described in section 2056(b)(5) or 2523(e) of the Internal Revenue Code with respect to that portion of the trust that could otherwise qualify for the marital deduction under either of those Internal Revenue Code sections.
RCW 11.130.300 — Washington Code / Title 11 / Chapter 130 / Section 300
RCW 11.130.300: Confidentiality of records.
Status: in_force

*** CHANGE IN 2026 *** (SEE 5837-S.SL ) ***

(1) The existence of a proceeding for or the existence of a guardianship for an adult is a matter of public record unless the court seals the record after: (a) The respondent or individual subject to guardianship requests the record be sealed; and (b) Either: (i) The petition for guardianship is dismissed; or (ii) The guardianship is terminated. (2) An adult subject to a proceeding for a guardianship, whether or not a guardian is appointed, an attorney designated by the adult, and a person entitled to notice under RCW 11.130.310 (5) or a subsequent order are entitled to access court records of the proceeding and resulting guardianship, including the guardian's plan under RCW 11.130.340 and report under RCW 11.130.345 . A person not otherwise entitled to access court records under this subsection for good cause may petition the court for access to court records of the guardianship, including the guardian's report and plan. The court shall grant access if access is in the best interest of the respondent or adult subject to guardianship or furthers the public interest and does not endanger the welfare or financial interests of the adult. (3) A report under RCW 11.130.280 of a visitor or a professional evaluation under RCW 11.130.290 is confidential and must be sealed on filing, but is available to: (a) The court; (b) The individual who is the subject of the report or evaluation, without limitation as to use; (c) The petitioner, visitor, and petitioner's and respondent's attorneys, for purposes of the proceeding; (d) Unless the court orders otherwise, an agent appointed under a power of attorney for health care or power of attorney for finances in which the respondent is the principal; and (e) Any other person if it is in the public interest or for a purpose the court orders for good cause.
RCW 11.05A.900 — Washington Code / Title 11 / Chapter 05A / Section 900
RCW 11.05A.900: Application—Construction.
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
RCW 11.86.061 — Washington Code / Title 11 / Chapter 86 / Section 061
RCW 11.86.061: Effect of spendthrift or similar restriction.
Status: in_force

A beneficiary may disclaim under this chapter notwithstanding any limitation on the interest of the beneficiary in the nature of a spendthrift provision or similar restriction.
RCW 11.130.045 — Washington Code / Title 11 / Chapter 130 / Section 045
RCW 11.130.045: Effect of acceptance of appointment.
Status: in_force

On acceptance of appointment, a guardian or conservator submits to personal jurisdiction of the court in this state in any proceeding relating to the guardianship or conservatorship.
RCW 11.118.110 — Washington Code / Title 11 / Chapter 118 / Section 110
RCW 11.118.110: Application of chapter.
Status: in_force

This chapter applies to trusts that are created on or after July 22, 2001, and to trusts that are in existence on July 22, 2001, but that are revocable by the trustor on July 22, 2001. If a trustor is incompetent to exercise a power of revocation on July 22, 2001, this chapter does not apply to such trust unless the trustor later becomes competent to exercise such power of revocation, in which case this chapter applies to such trust.
RCW 11.80.070 — Washington Code / Title 11 / Chapter 80 / Section 070
RCW 11.80.070: Period of trusteeship.
Status: in_force

Such trusteeship shall continue until such time as the owner of such property shall return or shall appoint a duly authorized agent or attorney-in-fact to care for such property, or until such time as the property shall be provisionally distributed to the presumptive heirs, or to the devisees and legatees of the absentee as hereinafter provided, or until such time as the property shall escheat to the state as hereinafter provided.
RCW 11.56.220 — Washington Code / Title 11 / Chapter 56 / Section 220
RCW 11.56.220: Redemption of decedent's mortgaged estate.
Status: in_force

If any person die having mortgaged any real or personal estate, and shall not have devised the same, or provided for any redemption thereof by will, the court, upon the application of any person interested, may order the personal representative to redeem the estate out of the assets, if it should appear to the satisfaction of the court that such redemption would be beneficial to the estate and not injurious to creditors.
RCW 11.106.060 — Washington Code / Title 11 / Chapter 106 / Section 060
RCW 11.106.060: Account filed—Objections—Appointment of guardians ad litem—Representatives.
Status: in_force

Upon or before the return date any beneficiary of the trust may file the beneficiary's written objections or exceptions to the account filed or to any action of the trustee or trustees set forth in the account. The court shall appoint guardians ad litem as provided in RCW 11.96A.160 and the court may allow representatives to be appointed under RCW 11.96A.120 or 11.96A.250 to represent the persons listed in those sections.
RCW 11.100.035 — Washington Code / Title 11 / Chapter 100 / Section 035
RCW 11.100.035: Investments in securities of certain investment trusts.
Status: in_force

(1) Within the standards of judgment and care established by law, and subject to any express provisions or limitations contained in any particular trust instrument, guardians, trustees, and other fiduciaries, whether individual or corporate, are authorized to acquire and retain securities of any open-end or closed-end management type investment company or investment trust registered under the federal investment company act of 1940 as now or hereafter amended. (2) Within the limitations of subsection (1) of this section, whenever the trust instrument directs, requires, authorizes, or permits investment in obligations of the United States government, the fiduciary may invest in and hold such obligations either directly or in the form of securities of, or other interests in, an open-end or closed-end management type investment company or investment trust registered under the federal investment company act of 1940, as now or hereafter amended, if both of the following conditions are met: (a) The portfolio of the investment company or investment trust is limited to obligations of the United States and to repurchase agreements fully collateralized by such obligations; and (b) The investment company or investment trust takes delivery of the collateral for any repurchase agreement either directly or through an authorized custodian. (3) If the fiduciary is a bank or trust company, then the fact that the fiduciary, or an affiliate of the fiduciary, provides services to the investment company or investment trust such as that of an investment advisor, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise, and is receiving reasonable compensation for those services does not preclude the bank or trust company from investing or reinvesting in the securities of the open-end or closed-end management investment company or investment trust. The fiduciary shall furnish a copy of the prospectus relating to the securities to each person to whom a regular periodic accounting would ordinarily be rendered under the trust instrument or under RCW 11.106.020 , upon the request of that person. The restrictions set forth under RCW 11.100.090 may not be construed as prohibiting the fiduciary powers granted under this subsection.
RCW 11.40.040 — Washington Code / Title 11 / Chapter 40 / Section 040
RCW 11.40.040: "Reasonably ascertainable" creditor—Definition—Reasonable diligence—Presumptions—Petition for order.
Status: in_force

(1) For purposes of RCW 11.40.051 , a "reasonably ascertainable" creditor of the decedent is one that the personal representative would discover upon exercise of reasonable diligence. The personal representative is deemed to have exercised reasonable diligence upon conducting a reasonable review of the decedent's correspondence, including correspondence received after the date of death, and financial records, including personal financial statements, loan documents, checkbooks, bank statements, and income tax returns, that are in the possession of or reasonably available to the personal representative. (2) If the personal representative conducts the review, the personal representative is presumed to have exercised reasonable diligence to ascertain creditors of the decedent and any creditor not ascertained in the review is presumed not reasonably ascertainable within the meaning of RCW 11.40.051 . These presumptions may be rebutted only by clear, cogent, and convincing evidence. (3) The personal representative may evidence the review and resulting presumption by filing with the court an affidavit regarding the facts referred to in this section. The personal representative may petition the court for an order declaring that the personal representative has made a review and that any creditors not known to the personal representative are not reasonably ascertainable. The petition must be filed under RCW 11.96A.080 and the notice specified under RCW 11.96A.110 must also be given by publication.
RCW 11.114.120 — Washington Code / Title 11 / Chapter 114 / Section 120
RCW 11.114.120: Care of custodial property.
Status: in_force

(1) A custodian shall, as soon as custodial property is made available to the custodian: (a) Take control of custodial property; (b) Register or record title to custodial property if appropriate; and (c) Collect, hold, manage, invest, and reinvest custodial property. (2) In dealing with custodial property, a custodian shall observe the standard of care applicable to fiduciaries under chapter 11.100 RCW. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. A custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor according to the same standards as apply to a fiduciary holding trust funds under RCW 11.100.060 . However, the provisions of RCW 11.100.025 , 11.100.040 , and 11.100.140 shall not apply to a custodian. (3) A custodian may invest in or pay premiums on life insurance or endowment policies on (a) the life of the minor only if the minor or the minor's estate is the sole beneficiary, or (b) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary. (4) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: ". . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act." (5) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available upon request for inspection by a parent or legal representative of the minor or by the minor if the minor has attained the age of eighteen years.
RCW 11.80.090 — Washington Code / Title 11 / Chapter 80 / Section 090
RCW 11.80.090: Hearing—Distribution—Bond of distributees.
Status: in_force

If it shall appear to the satisfaction of the court upon the hearing of the application for provisional distribution that the absentee has been absent and his or her whereabouts unknown for the space of five years, or there are strong presumptions that he or she is dead, the court shall enter an order directing that the property in the hands of the trustee shall be provisionally distributed to the presumptive heirs, or to the devisees and legatees under the will, as the case may be, upon condition that such heirs, devisees, and legatees respectively give and file in the court bonds with good and sufficient surety to be approved by the court, conditioned for the return of or accounting for the property provisionally distributed in case the absentee shall return and demand the same, which bonds shall be respectively in twice the amount of the value of the personal property distributed, and in ten times the amount of estimated annual rents, issues, and profits of any real property so provisionally distributed.
RCW 11.12.110 — Washington Code / Title 11 / Chapter 12 / Section 110
RCW 11.12.110: Death of grandparent's issue before grantor.
Status: in_force

Unless otherwise provided, when any property shall be given or any appointee appointed under a will, or under a trust of which the decedent is a grantor and which by its terms becomes irrevocable upon or before the grantor's death, to any issue of a grandparent of the decedent and that issue dies before the decedent, or dies before that issue's interest is no longer subject to a contingency, leaving descendants who survive the decedent, those descendants shall take that property or appointment as the predeceased issue would have done if the predeceased issue had survived the decedent. If those descendants are all in the same degree of kinship to the predeceased issue they shall take equally or, if of unequal degree, then those of more remote degree shall take by representation with respect to the predeceased issue.
RCW 11.76.240 — Washington Code / Title 11 / Chapter 76 / Section 240
RCW 11.76.240: Claimant to proceeds of sale.
Status: in_force

During the time the estate is held by the agent, or within four years after it is delivered to the county treasury, claim may be made thereto only by the absentee person or his or her legal representative, excepting that if it clearly appears that such person died prior to the decedent in whose estate distribution was made to him or her, but leaving lineal descendants surviving, such lineal descendants may claim. If any claim to the estate is made during the period specified above, the claimant shall forthwith notify the department of revenue in writing of such claim. The court, being first satisfied as to the right of such person to the estate, and after the filing of a clearance from the department of revenue, shall order the agent, or the county treasurer, as the case may be, to forthwith deliver the estate, or the proceeds thereof, if sold, to such person.
RCW 11.130.120 — Washington Code / Title 11 / Chapter 130 / Section 120
RCW 11.130.120: Third-party acceptance of authority of guardian or conservator.
Status: in_force

(1) A person must not recognize the authority of a guardian or conservator to act on behalf of an individual subject to guardianship or conservatorship if: (a) The person has actual knowledge or a reasonable belief that the letters of office of the guardian or conservator are invalid or the conservator or guardian is exceeding or improperly exercising authority granted by the court; or (b) The person has actual knowledge that the individual subject to guardianship or conservatorship is subject to physical or financial abuse, neglect, exploitation, or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator. (2) A person may refuse to recognize the authority of a guardian or conservator to act on behalf of an individual subject to guardianship or conservatorship if: (a) The guardian's or conservator's proposed action would be inconsistent with this chapter; or (b) The person makes, or has actual knowledge that another person has made, a report to the department of children, youth, and families or the department of social and health services stating a good faith belief that the individual subject to guardianship or conservatorship is subject to physical or financial abuse, neglect, exploitation, or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator. (3) A person that refuses to accept the authority of a guardian or conservator in accordance with subsection (2) of this section may report the refusal and the reason for refusal to the court. The court on receiving the report shall consider whether removal of the guardian or conservator or other action is appropriate. (4) A guardian or conservator may petition the court to require a third party to accept a decision made by the guardian or conservator on behalf of the individual subject to guardianship or conservatorship. (5) If the court determines that a third party has failed to recognize the legitimate authority of a guardian or conservator, or requires a third party to accept a decision made by the guardian on behalf of the individual subject to guardianship, the court may order that third party to compensate the guardian or conservator, for the time spent only to the extent the court determines the opposition was reasonably necessary to protect the interests of the individual subject to guardianship.
RCW 11.95A.280 — Washington Code / Title 11 / Chapter 95A / Section 280
RCW 11.95A.280: Capture doctrine—Disposition of ineffectively appointed property under general power.
Status: in_force

To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment: (1) The gift-in-default clause controls the disposition of the ineffectively appointed property; or (2) If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property: (a) Passes to: (i) The powerholder if the powerholder is a permissible appointee and living; or (ii) If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or (b) If there is no taker under (a) of this subsection, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
RCW 11.140.020 — Washington Code / Title 11 / Chapter 140 / Section 020
RCW 11.140.020: Custodial trust—General.
Status: in_force

(1) A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer, executed in any lawful manner, naming as beneficiary, an individual who may be the transferor, in which the transferee is designated, in substance, as custodial trustee under the Washington uniform custodial trust act. (2) A person may create a custodial trust of property by a written declaration, evidenced by registration of the property or by other instrument of declaration executed in any lawful manner, describing the property and naming as beneficiary an individual other than the declarant, in which the declarant as titleholder is designated, in substance, as custodial trustee under the Washington uniform custodial trust act. A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this chapter. (3) Title to custodial trust property is in the custodial trustee and the beneficial interest is in the beneficiary. (4) Except as provided in subsection (5) of this section, a transferor may not terminate a custodial trust. (5) The beneficiary, if not incapacitated, or the conservator of an incapacitated beneficiary, may terminate a custodial trust by delivering to the custodial trustee a writing signed by the beneficiary or conservator declaring the termination. If not previously terminated, the custodial trust terminates on the death of the beneficiary. (6) Any person may augment existing custodial trust property by the addition of other property pursuant to this chapter. (7) The transferor may designate, or authorize the designation of, a successor custodial trustee in the trust instrument. (8) This chapter does not displace or restrict other means of creating trusts. A trust whose terms do not conform to this chapter may be enforceable according to its terms under other law.
RCW 11.140.110 — Washington Code / Title 11 / Chapter 140 / Section 110
RCW 11.140.110: Exemption of third person from liability.
Status: in_force

A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not responsible for determining: (1) The validity of the purported custodial trustee's designation; (2) The propriety of, or the authority under this chapter for, any action of the purported custodial trustee; (3) The validity or propriety of an instrument executed or instruction given pursuant to this chapter either by the person purporting to make a transfer or declaration or by the purported custodial trustee; or (4) The propriety of the application of property vested in the purported custodial trustee.
RCW 11.130.580 — Washington Code / Title 11 / Chapter 130 / Section 580
RCW 11.130.580: Authority for protective arrangement.
Status: in_force

(1) Under this article, a court: (a) On receiving a petition for a guardianship for an adult may order a protective arrangement instead of guardianship as a less restrictive alternative to guardianship; and (b) On receiving a petition for a conservatorship for an individual may order a protective arrangement instead of conservatorship as a less restrictive alternative to conservatorship. (2) A person interested in an adult's welfare, including the adult or a conservator for the adult, may petition under this article for a protective arrangement instead of guardianship. (3) The following persons may petition under this article for a protective arrangement instead of conservatorship: (a) The individual for whom the protective arrangement is sought; (b) A person interested in the property, financial affairs, or welfare of the individual, including a person that would be affected adversely by lack of effective management of property or financial affairs of the individual; and (c) The guardian for the individual.
RCW 11.68.041 — Washington Code / Title 11 / Chapter 68 / Section 041
RCW 11.68.041: Petition for nonintervention powers—Notice requirements—Exceptions.
Status: in_force

(1) Advance notice of the hearing on a petition for nonintervention powers referred to in RCW 11.68.011 is not required in those circumstances in which the court is required to grant nonintervention powers under RCW 11.68.011 (2) (a) and (b). (2) In all other cases, if the petitioner wishes to obtain nonintervention powers, the personal representative shall give notice of the petitioner's intention to apply to the court for nonintervention powers to all heirs, all beneficiaries of a gift under the decedent's will, and all persons who have requested, and who are entitled to, notice under RCW 11.28.240 , except that: (a) A person is not entitled to notice if the person has, in writing, either waived notice of the hearing or consented to the grant of nonintervention powers; and (b) An heir who is not also a beneficiary of a gift under a will is not entitled to notice if the will has been probated and the time for contesting the validity of the will has expired. (3) The notice required by this section must be either personally served or sent by regular mail at least ten days before the date of the hearing, and proof of mailing of the notice must be by affidavit filed in the cause. The notice must contain the decedent's name, the probate cause number, and the name and address of the personal representative, and must state in substance as follows: (a) The personal representative has petitioned the superior court of the state of Washington for . . . . . county, for the entry of an order granting nonintervention powers and a hearing on that petition will be held on . . . . ., the . . . . . day of . . . . ., . . . ., at . . . . . o'clock, . . M.; (b) The petition for an order granting nonintervention powers has been filed with the court; (c) Following the entry by the court of an order granting nonintervention powers, the personal representative is entitled to administer and close the decedent's estate without further court intervention or supervision; and (d) A person entitled to notice has the right to appear at the time of the hearing on the petition for an order granting nonintervention powers and to object to the granting of nonintervention powers to the personal representative. (4) If notice is not required, or all persons entitled to notice have either waived notice of the hearing or consented to the entry of an order granting nonintervention powers as provided in this section, the court may hear the petition for an order granting nonintervention powers at any time.
RCW 11.100.010 — Washington Code / Title 11 / Chapter 100 / Section 010
RCW 11.100.010: Provisions of chapter to control—Alteration by controlling instrument.
Status: in_force

Any corporation, association, or person handling or investing trust funds as a fiduciary shall be governed in the handling and investment of such funds as in this chapter specified. A fiduciary who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with requirements of this chapter. The specific requirements of this chapter may be expanded, restricted, eliminated, or otherwise altered by provisions of the controlling instrument.
RCW 11.95A.110 — Washington Code / Title 11 / Chapter 95A / Section 110
RCW 11.95A.110: Power not transferable.
Status: in_force

A powerholder may not transfer a power of appointment. If a powerholder dies without exercising or releasing a power, the power lapses.
RCW 11.130.225 — Washington Code / Title 11 / Chapter 130 / Section 225
RCW 11.130.225: Emergency guardian for minor.
Status: in_force

(1) On its own, on motion when a guardianship petition is filed under RCW 11.130.190 , or on petition by a person interested in a minor's welfare, including the minor, the court may appoint an emergency guardian for the minor if the court finds: (a) Appointment of an emergency guardian is likely to prevent substantial harm to the minor's health, safety, or welfare; and (b) No other person appears to have authority, ability, and the willingness to act to prevent substantial harm to the minor's health, safety, or welfare. (2) The duration of authority of an emergency guardian for a minor may not exceed sixty days and the emergency guardian may exercise only the powers specified in the order of appointment. The emergency guardian's authority may be extended once for not more than sixty days if the court finds that the conditions for appointment of an emergency guardian in subsection (1) of this section continue. (3) Except as otherwise provided in subsection (4) of this section, reasonable notice of the date, time, and place of a hearing on a motion for or a petition for appointment of an emergency guardian for a minor must be given to: (a) The minor, if the minor is twelve years of age or older; (b) Any attorney appointed under RCW 11.130.200 ; (c) Each parent of the minor; (d) Any person, other than a parent, having care or custody of the minor; and (e) Any other person the court determines. (4) The court may appoint an emergency guardian for a minor without notice under subsection (3) of this section and a hearing only if the court finds from an affidavit or testimony that the minor's health, safety, or welfare will be substantially harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency guardian without notice to an unrepresented minor or the attorney for a represented minor, notice of the appointment must be given not later than forty-eight hours after the appointment to the individuals listed in subsection (3) of this section. Not later than five days after the appointment, the court shall hold a hearing on the appropriateness of the appointment. (5) Appointment of an emergency guardian under this section, with or without notice, is not a determination that a basis exists for appointment of a guardian under RCW 11.130.185 . (6) The court may remove an emergency guardian appointed under this section at any time. The emergency guardian shall make any report the court requires. (7) Notwithstanding subsection (2) of this section, the court may extend an emergency guardianship pending the outcome of a full hearing under RCW 11.130.190 or 11.130.220 . (8) If a petition for guardianship under RCW 11.130.215 is pending, or is subsequently filed after a petition under this section, the cases shall be linked or consolidated.
RCW 11.56.240 — Washington Code / Title 11 / Chapter 56 / Section 240
RCW 11.56.240: Sale of mortgaged property if redemption inexpedient.
Status: in_force

If such redemption be not deemed expedient, the court shall order such property to be sold at public or private sale, which sale shall be with the same notice and conducted in the same manner as required in other cases of real estate or personal property provided for in this title, and shall be sold subject to such mortgage, and the personal representative shall thereupon execute a conveyance thereof to the purchaser, which conveyance shall be effectual to convey to the purchaser all the right, title, and interest which the deceased had in the property, and the purchase money, after paying the expenses of the sale, shall be applied to the residue in due course of administration.
RCW 11.135.070 — Washington Code / Title 11 / Chapter 135 / Section 070
RCW 11.135.070: Attribution of electronic document or signature—Effect.
Status: in_force

(1) An electronic nontestamentary estate planning document or electronic signature on an electronic nontestamentary estate planning document is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including by showing the efficacy of a security procedure applied to determine the person to which the electronic record or electronic signature was attributable. (2) The effect of attribution to a person under subsection (1) of this section of a document or signature is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption and as provided by other law.
RCW 11.28.250 — Washington Code / Title 11 / Chapter 28 / Section 250
RCW 11.28.250: Revocation of letters—Causes.
Status: in_force

Whenever the court has reason to believe that any personal representative has wasted, embezzled, or mismanaged, or is about to waste, or embezzle the property of the estate committed to his or her charge, or has committed, or is about to commit a fraud upon the estate, or is incompetent to act, or is permanently removed from the state, or has wrongfully neglected the estate, or has neglected to perform any acts as such personal representative, or for any other cause or reason which to the court appears necessary, it shall have power and authority, after notice and hearing to revoke such letters. The manner of the notice and of the service of the same and of the time of hearing shall be wholly in the discretion of the court, and if the court for any such reasons revokes such letters the powers of such personal representative shall at once cease, and it shall be the duty of the court to immediately appoint some other personal representative, as in this title provided.
RCW 11.104B.420 — Washington Code / Title 11 / Chapter 104B / Section 420
RCW 11.104B.420: Disbursements—Transfer from income to principal for depreciation.
Status: in_force

(1) In this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a tangible asset having a useful life of more than one year. (2) A fiduciary may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation: (a) Of the part of real property used or available for use by a beneficiary as a residence; (b) Of tangible personal property held or made available for the personal use or enjoyment of a beneficiary; or (c) Under this section, to the extent the fiduciary accounts: (i) Under RCW 11.104B.290 for the asset; or (ii) Under RCW 11.104B.220 for the business or other activity in which the asset is used. (3) An amount transferred to principal under this section need not be separately held.
RCW 11.130.280 — Washington Code / Title 11 / Chapter 130 / Section 280
RCW 11.130.280: Appointment and role of court visitor.
Status: in_force

*** CHANGE IN 2026 *** (SEE 5837-S.SL ) ***

(1) On receipt of a petition under RCW 11.130.270 for appointment of a guardian for an adult, the court shall appoint a court visitor. The court visitor must be an individual with training or experience in the type of abilities, limitations, and needs alleged in the petition. (2) The court, in the order appointing a court visitor, shall specify the hourly rate the court visitor may charge for his or her services, and shall specify the maximum amount the court visitor may charge without additional court review and approval. The fee shall be charged to the person subject to a guardianship or conservatorship proceeding unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That the court may charge such fee to the petitioner, the person subject to a guardianship or conservatorship proceeding, or any person who has appeared in the action; or may allocate the fee, as it deems just. If the petition is found to be frivolous or not brought in good faith, the court visitor fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency. (3)(a) The court visitor appointed under subsection (1) of this section shall within five days of receipt of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, the respondent or his or her legal counsel, the petitioner or his or her legal counsel, and any interested party entitled to notice under RCW 11.130.080 with a statement including: His or her training relating to the duties as a court visitor; his or her criminal history as defined in RCW 9.94A.030 for the period covering 10 years prior to the appointment; his or her hourly rate, if compensated; whether the court visitor has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest. Within three days of the later of the actual service or filing of the court visitor's statement, any party may set a hearing and file and serve a motion for an order to show cause why the court visitor should not be removed for one of the following three reasons: (i) Lack of expertise necessary for the proceeding; (ii) An hourly rate higher than what is reasonable for the particular proceeding; or (iii) A conflict of interest. (b) Notice of the hearing shall be provided to the court visitor and all parties. If, after a hearing, the court enters an order replacing the court visitor, findings shall be included, expressly stating the reasons for the removal. If the court visitor is not removed, the court has the authority to assess to the moving party attorneys' fees and costs related to the motion. The court shall assess attorneys' fees and costs for frivolous motions. (4) A court visitor appointed under subsection (1) of this section shall interview the respondent in person and, in a manner the respondent is best able to understand: (a) Explain to the respondent the substance of the petition, the nature, purpose, and effect of the proceeding, the respondent's rights at the hearing on the petition, the right to counsel of choice and to a jury trial, and the general powers and duties of a guardian; (b) Determine whether the respondent would like to request the appointment of an attorney, and determine the respondent's views about the appointment sought by the petitioner, including views about a proposed guardian, the guardian's proposed powers and duties, and the scope and duration of the proposed guardianship; and (c) Inform the respondent that all costs and expenses of the proceeding, including the respondent's attorney's fees, may be paid from the respondent's assets. (5) If the respondent objects to the petition or requests appointment of an attorney, the court visitor shall petition the court to have an attorney appointed within five days of meeting the respondent. (6) The court visitor appointed under subsection (1) of this section shall: (a) Interview the petitioner and proposed guardian, if any; (b) Visit the respondent's present dwelling and any dwelling in which it is reasonably believed the respondent will live if the appointment is made; (c) Obtain information from any physician or other person known to have treated, advised, or assessed the respondent's relevant physical or mental condition; and (d) Investigate the allegations in the petition and any other matter relating to the petition the court directs. (7) A court visitor appointed under subsection (1) of this section shall file a report in a record with the court and provide a copy of the report to the respondent, petitioner, and any interested party entitled to notice under RCW 11.130.080 at least 15 days prior to the hearing on the petition filed under RCW 11.130.270 , which must include: (a) A summary of self-care and independent living tasks the respondent can manage without assistance or with existing supports, could manage with the assistance of appropriate supportive services, technological assistance, or supported decision making, and cannot manage; (b) A recommendation regarding the appropriateness of guardianship, including whether a protective arrangement instead of guardianship or other less restrictive alternative for meeting the respondent's needs is available and: (i) If a guardianship is recommended, whether it should be full or limited; and (ii) If a limited guardianship is recommended, the powers to be granted to the guardian; (c) A statement of the qualifications of the proposed guardian and whether the respondent approves or disapproves of the proposed guardian; (d) A statement whether the proposed dwelling meets the respondent's needs and whether the respondent has expressed a preference as to residence; (e) A statement whether the respondent declined a professional evaluation under RCW 11.130.290 and what other information is available to determine the respondent's needs and abilities without the professional evaluation; (f) A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held; (g) A statement whether the respondent is able to participate in a hearing and which identifies any technology or other form of support that would enhance the respondent's ability to participate; and (h) Any other matter the court directs. (8) The appointment of a court visitor has no effect on the determination of the adult respondent's legal capacity and does not overcome the presumption of legal capacity or full legal and civil rights of the adult respondent.
RCW 11.08.260 — Washington Code / Title 11 / Chapter 08 / Section 260
RCW 11.08.260: Payment of escheated funds to claimant.
Status: in_force

In the event the order of the court requires the payment of escheated funds or the proceeds of the sale of escheated real property or the appraised value of escheated property transferred for park purposes, a certified copy of such order shall be served upon the department of revenue which shall thereupon take any steps necessary to effect payment to the claimant out of the general fund of the state.
RCW 11.98.150 — Washington Code / Title 11 / Chapter 98 / Section 150
RCW 11.98.150: Distribution of assets after one hundred fifty-year period.
Status: in_force

If, at the end of the one hundred fifty years following the effective date of an instrument creating a trust, any of the trust assets have not by the terms of the trust instrument become distributable or vested, then the assets shall be distributed as the superior court having jurisdiction directs, giving effect to the general intent of the creator of the trust or person exercising a power of appointment in the case of any further trust or other disposition of property made pursuant to the exercise of a power of appointment.
RCW 11.114.050 — Washington Code / Title 11 / Chapter 114 / Section 050
RCW 11.114.050: Transfer authorized by will or trust.
Status: in_force

(1) A personal representative or trustee may make an irrevocable transfer pursuant to RCW 11.114.090 to a custodian for the benefit of a minor as authorized in the governing will or trust. The personal representative or trustee may designate himself or herself as custodian provided he or she falls within the class of persons eligible to serve as custodian under RCW 11.114.090 (1). (2) If the testator or grantor has nominated a custodian under RCW 11.114.030 to receive the custodial property, the transfer shall be made to that person. (3) If the testator or grantor has not nominated a custodian under RCW 11.114.030 , or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under RCW 11.114.090 (1). The personal representative or trustee may designate himself or herself as custodian, provided he or she falls within the class of persons eligible to serve as custodian under RCW 11.114.090 (1).
RCW 11.68.011 — Washington Code / Title 11 / Chapter 68 / Section 011
RCW 11.68.011: Settlement without court intervention—Petition—Conditions—Exceptions.
Status: in_force

*** CHANGE IN 2026 *** (SEE 2445.SL ) ***

(1) A personal representative may petition the court for nonintervention powers, whether the decedent died testate or intestate. (2) Unless the decedent has specified in the decedent's will, if any, that the court not grant nonintervention powers to the personal representative, the court shall grant nonintervention powers to a personal representative who petitions for the powers if the court determines that the decedent's estate is solvent, taking into account probate and nonprobate assets, and that: (a) The petitioning personal representative was named in the decedent's probated will as the personal representative; (b) The decedent died intestate, the petitioning personal representative is the decedent's surviving spouse or surviving domestic partner, the decedent's estate is composed of community property only, and the decedent had no issue: (i) Who is living or in gestation on the date of the petition; (ii) whose identity is reasonably ascertainable on the date of the petition; and (iii) who is not also the issue of the petitioning spouse or petitioning domestic partner; or (c) The personal representative was not a creditor of the decedent at the time of the decedent's death and the administration and settlement of the decedent's will or estate with nonintervention powers would be in the best interests of the decedent's beneficiaries and creditors. However, the administration and settlement of the decedent's will or estate with nonintervention powers will be presumed to be in the beneficiaries' and creditors' best interest until a person entitled to notice under RCW 11.68.041 rebuts that presumption by coming forward with evidence that the grant of nonintervention powers would not be in the beneficiaries' or creditors' best interests. (3) The court may base its findings of facts necessary for the grant of nonintervention powers on: (a) Statements of witnesses appearing before the court; (b) representations contained in a verified petition for nonintervention powers, in an inventory made and returned upon oath into the court, or in an affidavit filed with the court; or (c) other proof submitted to the court.
RCW 68.64.030 — Washington Code / Title 11 / Chapter 64 / Section 030
RCW 68.64.030: Persons authorized to make an anatomical gift—During life of donor.
Status: in_force

Subject to RCW 68.64.070 , an anatomical gift of a donor's body or part may be made during the life of the donor in the manner provided in RCW 68.64.040 by: (1) The donor, if the donor is an adult or if the donor is a minor and is: (a) Emancipated; or (b) Authorized under state law to apply for a driver's license because the donor is at least fifteen and one-half years old; (2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift; (3) A parent of the donor, if the donor is an unemancipated minor; provided, however, that an anatomical gift made pursuant to this subsection shall cease to be valid once the donor becomes either an emancipated minor or an adult; or (4) The donor's guardian.The surviving partner or the surviving partners jointly, shall have the right at any time to petition the court to purchase the interests of a deceased partner in the partnership. Upon a hearing pursuant to such petition the court shall, in such manner as it sees fit, determine and by order fix the value of the interest of the deceased partner over and above all partnership debts and obligations, the price, terms, and conditions of such sale and the period of time during which the surviving partner or partners shall have the prior right to purchase the interest of the deceased partner. If any such surviving partner be also the personal representative of the estate of the deceased partner, such fact shall not affect his or her right to purchase, or to join with the other surviving partners to purchase such interest in the manner hereinbefore provided. The court shall make such orders in connection with such sale as it deems proper or necessary to protect the estate of the deceased against any liability for partnership debts or obligations.
RCW 11.95A.290 — Washington Code / Title 11 / Chapter 95A / Section 290
RCW 11.95A.290: Disposition of unappointed property—Released or unexercised general power.
Status: in_force

To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust: (1) The gift-in-default clause controls the disposition of the unappointed property; or (2) If there is no gift-in-default clause or to the extent the clause is ineffective: (a) Except as otherwise provided in (b) of this subsection, the unappointed property passes to: (i) The powerholder if the powerholder is a permissible appointee and living; or (ii) If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or (b) To the extent the powerholder released the power, or if there is no taker under (a) of this subsection, the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
RCW 11.11.090 — Washington Code / Title 11 / Chapter 11 / Section 090
RCW 11.11.090: Transfer of nonprobate asset to testamentary beneficiary.
Status: in_force

(1) A financial institution's or third party's obligation to transfer a nonprobate asset to a testamentary beneficiary arises only after it has actual knowledge of the claim of the testamentary beneficiary, and after receiving written direction from the personal representative of the owner's estate, or if the personal representative consents in writing, from the testamentary beneficiary, to make the transfer. The financial institution may also require that its customary procedures be followed in effectuating a transfer of the nonprobate asset. (2) Subject to subsection (1) of this section, financial institutions and other third parties may transfer a nonprobate asset that has not already been distributed to the testamentary beneficiary entitled to the nonprobate asset under the owner's will, subject to liabilities and claims, estate taxes, and expenses of administration under RCW 11.18.200 .
RCW 11.56.070 — Washington Code / Title 11 / Chapter 56 / Section 070
RCW 11.56.070: Postponement, adjournment of sale—Notice.
Status: in_force

The personal representative, should he or she deem it for the best interests of all concerned, may postpone such sale to a time fixed but not to exceed twenty days, and such postponement shall be made by proclamation of the personal representative at the time and place first appointed for the sale; if there be an adjournment of such sale for more than three days, then it shall be the duty of the personal representative to cause a notice of such adjournment to be published in a legal newspaper in the county in which notice was published as provided in RCW 11.56.060 , in addition to making such proclamation.
RCW 11.130.210 — Washington Code / Title 11 / Chapter 130 / Section 210
RCW 11.130.210: Custody orders—Background information to be consulted.
Status: in_force

(1) Before granting any order under this chapter, the court must consult the judicial information system, if available, to determine the existence of any information and proceedings that are relevant to the placement of the child. (2) Before entering a final order, the court must: (a) Direct the department of children, youth, and families to release information regarding all proposed guardians and all adult members of any proposed guardian's household as provided under RCW 13.50.100 ; and (b) Require the petitioner to provide the results of an examination of state and national criminal identification data provided by the Washington state patrol criminal identification system as described in chapter 43.43 RCW for all proposed guardians as well as all adult members of the proposed guardian's household.
RCW 11.98.051 — Washington Code / Title 11 / Chapter 98 / Section 051
RCW 11.98.051: Nonjudicial transfer of trust assets or administration—Notice—Consent required.
Status: in_force

(1) The trustee may transfer trust situs (a) in accordance with RCW 11.96A.220 ; or (b) by giving written notice to the attorney general in the case of a charitable trust subject to chapter 11.110 RCW and to the qualified beneficiaries not less than sixty days before initiating the transfer. The notice must: (a) State the name and mailing address of the trustee; (b) Include a copy of the governing instrument of the trust; (c) Include a statement of assets and liabilities of the trust dated within ninety days of the notice; (d) State the name and mailing address of the trustee to whom the trust will be transferred together with evidence that the trustee has agreed to accept the trust in the manner provided by law of the new situs. The notice must also contain a statement of the trustee's qualifications and the name of the court, if any, having jurisdiction of that trustee or in which a proceeding with respect to the administration of the trust may be heard; (e) State the facts supporting the requirements of RCW 11.98.045 (2); (f) Advise the recipients of the notice of the date, not less than sixty days after the giving of the notice, by which such recipients must notify the trustee of an objection to the proposed transfer; and (g) Include a form on which the recipient may object to the proposed transfer. (2) If the date upon which the right to object to the transfer expires without receipt by the trustee of any objection, the trustee may transfer the trust situs as provided in the notice. If the trust was registered under RCW 11.98.045 (2), the trustee must file a notice of transfer of situs and termination of registration with the court of the county where the trust was registered. (3) The authority of a trustee under this section to transfer a trust's situs terminates if a recipient of the notice notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice. (4) A change of trust situs does not authorize a change of trustee. Change of trustee of a trust requires compliance with RCW 11.98.039 .
RCW 11.08.220 — Washington Code / Title 11 / Chapter 08 / Section 220
RCW 11.08.220: Certified copies of decree—Department of natural resources duties.
Status: in_force

The department of revenue shall be furnished two certified copies of the decree of the court distributing any real property to the state, one of which shall be forwarded to the department of natural resources which shall thereupon assume supervision of and jurisdiction over such real property and thereafter handle it the same as state common school lands. The administrator shall also file a certified copy of the decree with the auditor of any county in which the escheated real property is situated.
RCW 11.90.280 — Washington Code / Title 11 / Chapter 90 / Section 280
RCW 11.90.280: Rules when guardian appointment or protective order petition is filed in Washington and another state.
Status: in_force

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under RCW 11.90.230 (1) (a) or (b), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply: (1) If the court in this state has jurisdiction under RCW 11.90.220 , it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to RCW 11.90.220 before the appointment or issuance of the order. (2) If the court in this state does not have jurisdiction under RCW 11.90.220 , whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
RCW 11.48.200 — Washington Code / Title 11 / Chapter 48 / Section 200
RCW 11.48.200: Arrest and attachment, when, authorized.
Status: in_force

In an action against a personal representative as such, the remedies of arrest and attachment shall not be allowed on account of the acts of his or her testator or intestate, but for his or her own acts as such personal representative, such remedies shall be allowed for the same causes in the manner and with like effect as in actions at law generally.
RCW 11.104B.905 — Washington Code / Title 11 / Chapter 104B / Section 905
RCW 11.104B.905: Effective date—2021 c 140 ss 2101-2806.
Status: in_force

Sections 2101 through 2806 of this act take effect January 1, 2022.
RCW 11.130.060 — Washington Code / Title 11 / Chapter 130 / Section 060
RCW 11.130.060: Effect of death, removal, or resignation of guardian or conservator.
Status: in_force

(1) Appointment of a guardian or conservator terminates on the death or removal of the guardian or conservator, or when the court under subsection (2) of this section approves a resignation of the guardian or conservator. (2) A guardian or conservator must petition the court to resign. The petition may include a request that the court appoint a successor. Resignation of a guardian or conservator is effective on the date the resignation is approved by the court. (3) Death, removal, or resignation of a guardian or conservator does not affect liability for a previous act or the obligation to account for: (a) An action taken on behalf of the individual subject to guardianship or conservatorship; or (b) The individual's funds or other property.
RCW 11.98B.150 — Washington Code / Title 11 / Chapter 98B / Section 150
RCW 11.98B.150: Trust director—Rules applicable to trustees apply.
Status: in_force

Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters: (1) Acceptance; (2) Giving of bond to secure performance; (3) Reasonable compensation; (4) Resignation; (5) Removal; and (6) Vacancy and appointment of successor.
RCW 11.98B.005 — Washington Code / Title 11 / Chapter 98B / Section 005
RCW 11.98B.005: Short title.
Status: in_force

This chapter may be known and cited as the uniform directed trust act.
RCW 11.86.051 — Washington Code / Title 11 / Chapter 86 / Section 051
RCW 11.86.051: When disclaimer barred—Exception.
Status: in_force

(1) A beneficiary may not disclaim an interest if: (a) The beneficiary has accepted the interest or a benefit thereunder; (b) The beneficiary has assigned, conveyed, encumbered, pledged, or otherwise transferred the interest, or has contracted therefor; (c) The interest has been sold or otherwise disposed of pursuant to judicial process; or (d) The beneficiary has waived the right to disclaim in writing. The written waiver of the right to disclaim also is binding upon all persons claiming through or under the beneficiary. (2) Notwithstanding the provisions of subsection (1)(a) through (c) of this section, a beneficiary's receipt of a benefit from property shall not necessarily bar such beneficiary's disclaimer of an interest in the same property when, prior to the date of the transfer of the interest to be disclaimed, the beneficiary already owned an interest in such property in joint tenancy, as community property, or otherwise. Any such receipt, in the absence of clear and convincing evidence to the contrary, shall be presumed to be an enjoyment or use of the interest the beneficiary already owned, and only after such interest and any benefit from such interest have been exhausted, shall the beneficiary be deemed to have received or accepted any part of the interest to be disclaimed.
RCW 11.120.900 — Washington Code / Title 11 / Chapter 120 / Section 900
RCW 11.120.900: Uniformity of application and construction.
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
RCW 11.68.110 — Washington Code / Title 11 / Chapter 68 / Section 110
RCW 11.68.110: Declaration of completion of probate—Contents—Notice—Discharge of personal representative—Waiver of notice.
Status: in_force

(1) If a personal representative who has acquired nonintervention powers does not apply to the court for either of the final decrees provided for in RCW 11.68.100 as now or hereafter amended, the personal representative shall, when the administration of the estate has been completed, file a declaration that must state as follows: (a) The date of the decedent's death and the decedent's residence at the time of death; (b) Whether or not the decedent died testate or intestate; (c) If the decedent died testate, the date of the decedent's last will and testament and the date of the order probating the will; (d) That each creditor's claim which was justly due and properly presented as required by law has been paid or otherwise disposed of by agreement with the creditor, and that the amount of taxes assessable against the estate has been determined, settled, and paid or otherwise provided for; (e) That the personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be settled and distributed; (f) If the decedent died intestate, the names, addresses (if known), and relationship of each heir of the decedent, together with the distributive share of each heir; and (g) The amount of fees paid or to be paid to each of the following: (i) Personal representative or representatives; (ii) lawyer or lawyers; (iii) appraiser or appraisers; and (iv) accountant or accountants; and that the personal representative believes the fees to be reasonable and does not intend to obtain court approval of the amount of the fees or to submit an estate accounting to the court for approval. (2) If: (a)(i) The personal representative with nonintervention powers files a declaration as specified in subsection (1) of this section; (ii) The personal representative provides the notice as required by subsection (4) of this section; and (iii) No party, as defined in RCW 11.96A.030 , petitions the court under subsection (3) of this section; then: (b)(i) The filing of the declaration will be the legal equivalent of the entry of a decree of distribution under chapter 11.76 RCW; (ii) The amount of fees paid or to be paid will be deemed reasonable and will be approved; (iii) The acts of the personal representative will be approved; (iv) The personal representative, and any bond ensuring the proper actions of the personal representative, will be discharged; and (v) The estate will be determined to have been properly and fully distributed and settled. (3) If the personal representative provides the notice as required by subsection (4) of this section, then, within 30 days following the filing of a declaration of completion of probate under this section, any party, as defined in RCW 11.96A.030 , may petition the court under chapter 11.96A RCW to enforce the party's rights, to review the reasonableness of the fees, and/or to compel the personal representative to close the estate under RCW 11.68.100 . (4) Within five days of the date of the filing of the declaration of completion, the personal representative or the personal representative's lawyer shall mail a copy of the declaration of completion to each party as defined in RCW 11.96A.030 , who: (a) Has not waived notice of the filing, in writing, filed in the cause; and (b) either has not received the full amount of the distribution to which the party is entitled or has a property right that might be affected adversely by the discharge of the personal representative under this section, together with a notice which shall be substantially as follows: CAPTION OF CASE NOTICE OF FILING OF DECLARATION OF COMPLETION OF PROBATE NOTICE IS GIVEN that the attached Declaration of Completion of Probate was filed by the undersigned in the above-entitled court on the . . . . day of . . . . . ., (year) . . . .; unless you petition the above-entitled court under chapter 11.96A RCW to enforce your rights, to review the reasonableness of the fees, and/or to compel the personal representative to close the estate under RCW 11.68.100 , within thirty days after the date of the filing of the Declaration of Completion of Probate, the schedule of fees set forth in the Declaration of Completion of Probate will be deemed reasonable, the acts of the personal representative will be deemed approved and the payment of those fees will be approved, the personal representative (and any bond ensuring the proper action of the personal representative) will be automatically discharged without further order of the court, the estate will be deemed to have been properly and fully distributed and settled, and the Declaration of Completion of Probate will be final and deemed the equivalent of a Decree of Distribution entered under chapter 11.76 RCW. . . . . Personal Representative's Name (5) If all parties as defined in RCW 11.96A.030 of the decedent entitled to notice under this section waive, in writing, the notice required by this section, the personal representative will be automatically discharged without further order of the court and the declaration of completion of probate will become effective as a decree of distribution upon the date of filing thereof. In those instances where the personal representative has been required to furnish bond, and a declaration of completion is filed pursuant to this section, any bond furnished by the personal representative shall be automatically discharged upon the discharge of the personal representative.
RCW 11.125.901 — Washington Code / Title 11 / Chapter 125 / Section 901
RCW 11.125.901: Federal law application—Federal electronic signatures in global and national commerce act—2016 c 209.
Status: in_force

Chapter 209, Laws of 2016 modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
RCW 11.130.080 — Washington Code / Title 11 / Chapter 130 / Section 080
RCW 11.130.080: Request for notice.
Status: in_force

(1) A person may file with the court a request for notice under this chapter if the person is: (a) Not otherwise entitled to notice; and (b) Interested in the welfare of a respondent, individual subject to guardianship or conservatorship, or individual subject to a protective arrangement under Article 5 of this chapter. (2) A request under subsection (1) of this section must include a statement showing the interest of the person making the request and the address of the person or an attorney for the person to whom notice is to be given. (3) If the court approves a request under subsection (1) of this section, the approved individual shall give notice of the approval to the guardian or conservator, if one has been appointed, or the respondent if no guardian or conservator has been appointed.
RCW 11.28.060 — Washington Code / Title 11 / Chapter 28 / Section 060
RCW 11.28.060: Administration with will annexed on death of executor.
Status: in_force

No executor of an executor shall, as such, be authorized to administer upon the estate of the first testator, but on the death of the sole or surviving executor of any last will, letters of administration with the will annexed, on the estate of the first testator left unadministered, shall be issued.
RCW 11.04.290 — Washington Code / Title 11 / Chapter 04 / Section 290
RCW 11.04.290: Vesting of title.
Status: in_force

RCW 11.04.250 through 11.04.290 shall apply to community real property and also to separate estate; and upon the death of either spouse or either domestic partner, title of all community real property shall vest immediately in the person or persons to whom the same shall go, pass, descend or be devised, as provided in RCW 11.04.015 , subject to all the charges mentioned in RCW 11.04.250 .
RCW 11.108.901 — Washington Code / Title 11 / Chapter 108 / Section 901
RCW 11.108.901: 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 11.130.705 — Washington Code / Title 11 / Chapter 130 / Section 705
RCW 11.130.705: Purpose.
Status: in_force

The purpose of RCW 11.130.700 through 11.130.755 is to recognize a less restrictive alternative to guardianship for adults with disabilities who need assistance with decisions regarding daily living.
RCW 11.96A.125 — Washington Code / Title 11 / Chapter 96A / Section 125
RCW 11.96A.125: Mistake of fact or law in terms of will or trust—Judicial and nonjudicial reform.
Status: in_force

The terms of a will or trust, even if unambiguous, may be reformed by judicial proceedings under this chapter to conform the terms to the intention of the testator or trustor if it is proved by clear, cogent, and convincing evidence that both the intent of the testator or trustor and the terms of the will or trust were affected by a mistake of fact or law, whether in expression or inducement. This does not limit the ability to reform the will or trust using the binding nonjudicial procedures of RCW 11.96A.220 .
RCW 11.98.160 — Washington Code / Title 11 / Chapter 98 / Section 160
RCW 11.98.160: Effective date of irrevocable inter vivos trust—Effective date of revocable inter vivos or testamentary trust.
Status: in_force

For the purposes of RCW 11.98.130 through 11.98.150 the effective date of an instrument purporting to create an irrevocable inter vivos trust is the date on which it is executed by the trustor, and the effective date of an instrument purporting to create either a revocable inter vivos trust or a testamentary trust is the date of the trustor's or testator's death.
RCW 11.12.120 — Washington Code / Title 11 / Chapter 12 / Section 120
RCW 11.12.120: Lapsed gift—Procedure and proof.
Status: in_force

(1) If a will makes a gift to a person on the condition that the person survive the testator and the person does not survive the testator, then, unless otherwise provided, the gift lapses and falls into the residue of the estate to be distributed under the residuary clause of the will, if any, but otherwise according to the laws of descent and distribution. (2) If the will gives the residue to two or more persons, the share of a person who does not survive the testator passes, unless otherwise provided, and subject to RCW 11.12.110 , to the other person or persons receiving the residue, in proportion to the interest of each in the remaining part of the residue. (3) The personal representative of the testator, a person who would be affected by the lapse or distribution of a gift under this section, or a guardian ad litem or other representative appointed to represent the interests of a person so affected may petition the court for a determination under this section, and the petition must be heard under the procedures of chapter 11.96A RCW. (4) For purposes of this section, the appointment of an appointee under a will is a gift and may form part of the residue.
RCW 11.36.010 — Washington Code / Title 11 / Chapter 36 / Section 010
RCW 11.36.010: Parties disqualified—Result of disqualification after appointment.
Status: in_force

*** CHANGE IN 2026 *** (SEE 2445.SL ) ***

(1) Except as provided in subsections (2), (3), and (4) of this section, the following persons are not qualified to act as personal representatives: Corporations, limited liability companies, limited liability partnerships, minors, persons of unsound mind, or persons who have been convicted of (a) any felony or (b) any crime involving moral turpitude. (2) Trust companies regularly organized under the laws of this state and national banks when authorized so to do may act as the personal representative of an individual's estate or of the estate of an incapacitated person upon petition of any person having a right to such appointment and may act as personal representatives or guardians when so appointed by will. No trust company or national bank may qualify as such personal representative or guardian under any will hereafter drawn by it or its agents or employees, and no salaried attorney of any such company may be allowed any attorney fee for probating any such will or in relation to the administration or settlement of any such estate, and no part of any attorney fee may inure, directly or indirectly, to the benefit of any trust company or national bank. (3) Professional service corporations, professional limited liability companies, or limited liability partnerships, that are duly organized under the laws of this state and whose shareholders, members, or partners, respectively, are exclusively attorneys, may act as personal representatives. (4) Any nonprofit corporation may act as personal representative if the articles of incorporation or bylaws of that corporation permit the action and the corporation is in compliance with all applicable provisions of Title 24 RCW. (5) When any person to whom letters testamentary or of administration have been issued becomes disqualified to act because of becoming of unsound mind or being convicted of (a) any felony or (b) any crime involving moral turpitude, the court having jurisdiction must revoke his or her letters. (6) A nonresident may be appointed to act as personal representative if the nonresident appoints an agent who is a resident of the county where such estate is being probated or who is an attorney of record of the estate, upon whom service of all papers may be made; such appointment to be made in writing and filed by the clerk with other papers of such estate; and, unless bond has been waived as provided by RCW 11.28.185 , such nonresident personal representative must file a bond to be approved by the court.
RCW 11.102.050 — Washington Code / Title 11 / Chapter 102 / Section 050
RCW 11.102.050: Short title.
Status: in_force

This chapter may be cited as the uniform common trust fund act.
RCW 11.68.095 — Washington Code / Title 11 / Chapter 68 / Section 095
RCW 11.68.095: Co-personal representatives—Powers.
Status: in_force

Except as otherwise provided by the probated will or by order of a court, all of the provisions of RCW 11.98.016 regarding the exercise of powers by co-trustees of a trust shall apply to the co-personal representatives of an estate in which the co-personal representatives have been granted nonintervention powers, as if, for purposes of the interpretation of that law, co-personal representatives were co-trustees and an estate were a trust.
RCW 11.28.131 — Washington Code / Title 11 / Chapter 28 / Section 131
RCW 11.28.131: Hearing on petition—Appointment—Issuance of letters—Notice to surviving spouse or surviving domestic partner.
Status: in_force

When a petition for general letters of administration or for letters of administration with the will annexed shall be filed, the matter may be heard forthwith, appointment made and letters of administration issued: PROVIDED, That if there be a surviving spouse or surviving domestic partner and a petition is presented by anyone other than the surviving spouse or surviving domestic partner, or any person designated by the surviving spouse or surviving domestic partner to serve as personal representative on his or her behalf, notice to the surviving spouse or surviving domestic partner shall be given of the time and place of such hearing at least ten days before the hearing, unless the surviving spouse or surviving domestic partner shall waive notice of the hearing in writing filed in the cause.
RCW 11.28.010 — Washington Code / Title 11 / Chapter 28 / Section 010
RCW 11.28.010: Letters to executors—Refusal to serve—Disqualification.
Status: in_force

After the entry of an order admitting a will to probate and appointing a personal representative, or personal representatives, letters testamentary shall be granted to the persons therein appointed executors. If a part of the persons thus appointed refuse to act, or be disqualified, the letters shall be granted to the other persons appointed therein. If all such persons refuse to act, letters of administration with the will annexed shall be granted to the person to whom administration would have been granted if there had been no will.Whereas joint tenancy with right of survivorship permits property to pass to the survivor without the cost or delay of probate proceedings, there shall be a form of co-ownership of property, real and personal, known as joint tenancy. A joint tenancy shall have the incidents of survivorship and severability as at common law, including the unilateral right of each tenant to sever the joint tenancy. Joint tenancy shall be created only by written instrument, which instrument shall expressly declare the interest created to be a joint tenancy. It may be created by a single agreement, transfer, deed, will, or other instrument of conveyance, or by agreement, transfer, deed or other instrument from a sole owner to himself or herself and others, or from tenants in common or joint tenants to themselves or some of them, or to themselves or any of them and others, or from both spouses or both domestic partners, when holding title as community property, or otherwise, to themselves or to themselves and others, or to one of them and to another or others, or when granted or devised to executors or trustees as joint tenants: PROVIDED, That such transfer shall not derogate from the rights of creditors.
RCW 11.104B.260 — Washington Code / Title 11 / Chapter 104B / Section 260
RCW 11.104B.260: Receipts not normally apportioned—Insurance policies and contracts.
Status: in_force

(1) This section does not apply to a contract to which RCW 11.104B.280 applies. (2) Except as otherwise provided in subsection (3) of this section, a fiduciary shall allocate to principal the proceeds of a life insurance policy or other contract received by the fiduciary as beneficiary, including a contract that insures against damage to, destruction of, or loss of title to an asset. The fiduciary shall allocate dividends on an insurance policy to income to the extent premiums on the policy are paid from income and to principal to the extent premiums on the policy are paid from principal. (3) A fiduciary shall allocate to income proceeds of a contract that insures the fiduciary against loss of: (a) Occupancy or other use by a current income beneficiary; (b) Income; or (c) Subject to RCW 11.104B.220 , profits from a business.
RCW 11.76.180 — Washington Code / Title 11 / Chapter 76 / Section 180
RCW 11.76.180: Order maturing claim not due.
Status: in_force

If there be any claim not due the court may in its discretion, after hearing upon such notice as may be determined by it, mature such claim and direct that the same be paid in the due course of the administration.
RCW 11.40.051 — Washington Code / Title 11 / Chapter 40 / Section 051
RCW 11.40.051: Claims against decedent—Time limits.
Status: in_force

(1) Whether or not notice is provided under RCW 11.40.020 , a person having a claim against the decedent is forever barred from making a claim or commencing an action against the decedent, if the claim or action is not already barred by an otherwise applicable statute of limitations, unless the creditor presents the claim in the manner provided in RCW 11.40.070 within the following time limitations: (a) If the personal representative provided notice under RCW 11.40.020 and the creditor was given actual notice as provided in RCW 11.40.020 (1)(c), the creditor must present the claim within the later of: (i) Thirty days after the personal representative's service or mailing of notice to the creditor; and (ii) four months after the date of first publication of the notice; (b) If the personal representative provided notice under RCW 11.40.020 and the creditor was not given actual notice as provided in RCW 11.40.020 (1)(c): (i) If the creditor was not reasonably ascertainable, as defined in RCW 11.40.040 , the creditor must present the claim within four months after the date of first publication of notice; (ii) If the creditor was reasonably ascertainable, as defined in RCW 11.40.040 , the creditor must present the claim within twenty-four months after the decedent's date of death; and (c) If notice was not provided under this chapter or chapter 11.42 RCW, the creditor must present the claim within twenty-four months after the decedent's date of death. (2) An otherwise applicable statute of limitations applies without regard to the tolling provisions of RCW 4.16.190 . (3) This bar is effective as to claims against both the decedent's probate and nonprobate assets.
RCW 11.106.010 — Washington Code / Title 11 / Chapter 106 / Section 010
RCW 11.106.010: Scope of chapter—Exceptions.
Status: in_force

This chapter does not apply to resulting trusts, constructive trusts, business trusts where certificates of beneficial interest are issued to the beneficiaries, investment trusts, voting trusts, insurance trusts prior to the death of the insured, trusts in the nature of mortgages or pledges, liquidation trusts or trusts for the sole purpose of paying dividends, interest or interest coupons, salaries, wages or pensions; nor does this chapter apply to personal representatives.
RCW 11.96A.260 — Washington Code / Title 11 / Chapter 96A / Section 260
RCW 11.96A.260: Findings—Intent.
Status: in_force

The legislature finds that it is in the interest of the citizens of the state of Washington to encourage the prompt and early resolution of disputes in trust, estate, and nonprobate matters. The legislature endorses the use of dispute resolution procedures by means other than litigation. The legislature also finds that the former chapter providing for the nonjudicial resolution of trust, estate, and nonprobate disputes, *chapter 11.96 RCW, has resulted in the successful resolution of thousands of disputes since 1984. The nonjudicial procedure has resulted in substantial savings of public funds by removing those disputes from the court system. Enhancement of the statutory framework supporting the nonjudicial process in *chapter 11.96 RCW would be beneficial and would foster even greater use of nonjudicial dispute methods to resolve trust, estate, and nonprobate disputes. The legislature further finds that it would be beneficial to allow parties to disputes involving trusts, estates, and nonprobate assets to have access to a process for required mediation followed by arbitration using mediators and arbitrators experienced in trust, estate, and nonprobate matters. Finally, the legislature also believes it would be beneficial to parties with disputes in trusts, estates, and nonprobate matters to clarify and streamline the statutory framework governing the procedures governing these cases in the court system. Therefore, the legislature adopts RCW 11.96A.270 through 11.96A.320 , that enhance *chapter 11.96 RCW and allow required mediation and arbitration in disputes involving trusts, estates, and nonprobate matters that are brought to the courts. RCW 11.96A.270 through 11.96A.320 also set forth specific civil procedures for handling trust and estate disputes in the court system. It is intended that the adoption of RCW 11.96A.270 through 11.96A.320 will encourage and direct all parties in trust, estate, and nonprobate matter disputes, and the court system, to provide for expeditious, complete, and final decisions to be made in disputed trust, estate, and nonprobate matters.
RCW 11.84.080 — Washington Code / Title 11 / Chapter 84 / Section 080
RCW 11.84.080: Contingent remainders and future interests.
Status: in_force

As to any contingent remainder or executory or other future interest held by the slayer or abuser, subject to become vested in him or her or increased in any way for him or her upon the condition of the death of the decedent: (1) If the interest would not have become vested or increased if he or she had predeceased the decedent, he or she shall be deemed to have so predeceased the decedent; (2) In any case the interest shall not be vested or increased during the period of the life expectancy of the decedent.
RCW 11.125.050 — Washington Code / Title 11 / Chapter 125 / Section 050
RCW 11.125.050: Power of attorney—Requirements.
Status: in_force

*** CHANGE IN 2026 *** (SEE 2604.SL ) ***

(1) A power of attorney must be signed and dated by the principal, and the signature must be either acknowledged before a notary public or other individual authorized by law to take acknowledgments, or attested by two or more competent witnesses who are neither home care providers for the principal nor care providers at an adult family home or long-term care facility in which the principal resides, and who are unrelated to the principal or agent by blood, marriage, or state registered domestic partnership, by subscribing their names to the power of attorney, while in the presence of the principal and at the principal's direction or request. (2) A power of attorney shall be considered signed in accordance with this section if, in the case of a principal who is physically unable to sign his or her name, the principal makes a mark in accordance with RCW 11.12.030 , or in the case of a principal who is physically unable to make a mark, the power of attorney is executed in accordance with RCW 64.08.100 . (3) A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
RCW 11.104B.320 — Washington Code / Title 11 / Chapter 104B / Section 320
RCW 11.104B.320: Receipts normally apportioned—Marital deduction property not productive of income.
Status: in_force

(1) If a trust received property for which a gift or estate tax marital deduction was allowed and the settlor's spouse holds a mandatory income interest in the trust, the spouse may require the trustee, to the extent the trust assets otherwise do not provide the spouse with sufficient income from or use of the trust assets to qualify for the deduction, to: (a) Make property productive of income; (b) Convert property to property productive of income within a reasonable time; or (c) Exercise the power to adjust under RCW 11.104B.070 . (2) The trustee may decide which action or combination of actions in subsection (1) of this section to take.
RCW 11.24.030 — Washington Code / Title 11 / Chapter 24 / Section 030
RCW 11.24.030: Burden of proof.
Status: in_force

In any such contest proceedings the previous order of the court probating, or refusing to probate, such will shall be prima facie evidence of the legality of such will, if probated, or its illegality, if rejected, and the burden of proving the illegality of such will, if probated, or the legality of such will, if rejected by the court, shall rest upon the person contesting such probation or rejection of the will.
RCW 11.114.030 — Washington Code / Title 11 / Chapter 114 / Section 030
RCW 11.114.030: Nomination of custodian—Designation of custodian by representative or specified person.
Status: in_force

(1) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: ". . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act." The nomination may name one or more persons as substitute custodians to whom the property shall be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights. As an alternative to naming a specific person as custodian, the nomination may provide that the custodian may be designated by the legal representative of, or other person specified by, the person having the right to designate the recipient of the property described in this subsection. The person having the right of designation of the custodian is authorized to designate himself or herself as custodian, if he or she falls within the class of persons eligible to serve as custodian under RCW 11.114.090 (1). (2) A custodian nominated under this section shall be a person to whom a transfer of property of that kind may be made under RCW 11.114.090 (1). (3) Instead of designating one specific minor, the designation may specify multiple persons or a class or classes of persons, but when the custodial property is actually created under subsection (4) of this section, it must be constituted as a separate custodianship for each beneficiary, and each beneficiary's interest in it must be determined in accordance with the governing instrument and applicable law. (4) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under RCW 11.114.090 . Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to RCW 11.114.090 .
RCW 11.86.021 — Washington Code / Title 11 / Chapter 86 / Section 021
RCW 11.86.021: Disclaimer of interest authorized.
Status: in_force

(1) A beneficiary may disclaim an interest in whole or in part, or with reference to specific parts, shares or assets, in the manner provided in RCW 11.86.031 . (2) Likewise, a beneficiary may so disclaim through an agent or attorney so authorized by written instrument. (3) A personal representative, guardian, attorney-in-fact if authorized under a durable power of attorney under chapter 11.125 RCW, or other legal representative of the estate of a minor, incompetent, or deceased beneficiary, may so disclaim on behalf of the beneficiary, with or without court order, if: (a) The legal representative deems the disclaimer to be in the best interests of those interested in the estate of the beneficiary and of those who take the disclaimed interest because of the disclaimer, and not detrimental to the best interests of the beneficiary; and (b) In the case of a conservatorship, no order has been issued under RCW 11.130.435 determining that the disclaimer is not in the best interests of the beneficiary.
RCW 11.104B.250 — Washington Code / Title 11 / Chapter 104B / Section 250
RCW 11.104B.250: Receipts not normally apportioned—Receipt on obligation to be paid in money.
Status: in_force

(1) This section does not apply to an obligation to which RCW 11.104B.280 , 11.104B.290 , 11.104B.300 , 11.104B.310 , 11.104B.330 , 11.104B.340 , or 11.104B.350 applies. (2) A fiduciary shall allocate to income, without provision for amortization of premium, an amount received as interest on an obligation to pay money to the fiduciary, including an amount received as consideration for prepaying principal. (3) A fiduciary shall allocate to principal an amount received from the sale, redemption, or other disposition of an obligation to pay money to the fiduciary. A fiduciary shall allocate to income the increment in value of a bond or other obligation for the payment of money bearing no stated interest but payable or redeemable, at maturity or another future time, in an amount that exceeds the amount in consideration of which it was issued.
RCW 11.84.180 — Washington Code / Title 11 / Chapter 84 / Section 180
RCW 11.84.180: Application—Relation to other laws.
Status: in_force

The provisions of this act are supplemental to, and do not derogate from, any other statutory or common law proceedings, theories, or remedies including, but not limited to, the common law allocation of the burden of proof or production among the parties.
RCW 11.130.075 — Washington Code / Title 11 / Chapter 130 / Section 075
RCW 11.130.075: Guardian ad litem.
Status: in_force

The court at any time may appoint a guardian ad litem for an individual if the court determines the individual's interest otherwise would not be adequately represented. If no conflict of interest exists, a guardian ad litem may be appointed to represent multiple individuals or interests. The guardian ad litem may not be the same individual as the attorney representing the respondent. The court shall state the duties of the guardian ad litem and the reasons for the appointment.
RCW 11.114.130 — Washington Code / Title 11 / Chapter 114 / Section 130
RCW 11.114.130: Powers of custodian.
Status: in_force

(1) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, including without limitation all the powers granted to a trustee under RCW 11.98.070 , but a custodian may exercise those rights, powers, and authority only in a custodial capacity. (2) This section does not relieve a custodian from liability for breach of RCW 11.114.120 .
RCW 11.98B.020 — Washington Code / Title 11 / Chapter 98B / Section 020
RCW 11.98B.020: Applicability—Principal place of administration.
Status: in_force

(1) This chapter applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules: (a) If the trust was created before January 1, 2021, this chapter applies only to a decision or action occurring on or after January 1, 2021. (b) If the principal place of administration of the trust is changed to this state on or after January 1, 2021, this chapter applies only to a decision or action occurring on or after the date of the change. (2) Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, terms of the trust which designate the principal place of administration of the trust are valid and controlling if: (a) A trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; (b) A trust director's principal place of business is located in or a trust director is a resident of the designated jurisdiction; or (c) All or part of the administration occurs in the designated jurisdiction.
RCW 11.130.315 — Washington Code / Title 11 / Chapter 130 / Section 315
RCW 11.130.315: Notice of order of appointment—Rights.
Status: in_force

Not later than 14 days after appointment of a guardian under RCW 11.130.305 , the guardian shall give to the adult subject to guardianship and any other person entitled to notice under RCW 11.130.310 (5) or (6) or a subsequent order a copy of the order of appointment and a statement of the rights of the adult subject to guardianship and procedures to seek relief if the adult is denied those rights. The statement must be in at least sixteen-point font, in plain language, and, to the extent feasible, in a language in which the adult subject to guardianship is proficient. The statement must notify the adult subject to guardianship of the right to: (1) Seek termination or modification of the guardianship, or removal of the guardian, and choose an attorney to represent the adult in these matters; (2) Be involved in decisions affecting the adult, including decisions about the adult's care, dwelling, activities, or social interactions, to the extent reasonably feasible; (3) Be involved in health care decision making to the extent reasonably feasible and supported in understanding the risks and benefits of health care options to the extent reasonably feasible; (4) Be notified at least fourteen days before a change in the adult's primary dwelling or permanent move to a nursing home, mental health facility, or other facility that places restrictions on the individual's ability to leave or have visitors unless the change or move is proposed in the guardian's plan under RCW 11.130.340 or authorized by the court by specific order; (5) Object to a change or move described in subsection (4) of this section and the process for objecting; (6) Communicate, visit, or interact with others, including receiving visitors, and making or receiving telephone calls, personal mail, or electronic communications, including through social media, unless: (a) The guardian has been authorized by the court by specific order to restrict communications, visits, or interactions; (b) A protective order or protective arrangement instead of guardianship is in effect that limits contact between the adult and a person; or (c) The guardian has good cause to believe restriction is necessary because interaction with a specified person poses a risk of significant physical, psychological, or financial harm to the adult, and the restriction is: (i) For a period of not more than seven business days if the person has a relative or preexisting social relationship with the adult; or (ii) For a period of not more than sixty days if the person does not have a relative or preexisting social relationship with the adult; (7) Receive a copy of the guardian's plan under RCW 11.130.340 and the guardian's report under RCW 11.130.345 ; (8) Object to the guardian's plan or report; and (9) Associate with persons of their choosing as provided in RCW 11.130.335 (5).
RCW 11.84.130 — Washington Code / Title 11 / Chapter 84 / Section 130
RCW 11.84.130: Record of conviction as evidence against claimant of property.
Status: in_force

Any record of conviction for having participated in the willful and unlawful killing of the decedent or for conduct constituting financial exploitation against the decedent, including but not limited to theft, forgery, fraud, identity theft, robbery, burglary, or extortion, shall be admissible in evidence against a claimant of property in any civil proceeding arising under this chapter.
RCW 11.90.450 — Washington Code / Title 11 / Chapter 90 / Section 450
RCW 11.90.450: Uniformity.
Status: in_force

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.
RCW 11.107.050 — Washington Code / Title 11 / Chapter 107 / Section 050
RCW 11.107.050: Decanting statute—Effects and consequences of an exercise of the decanting power.
Status: in_force

(1) A trustee or other person that reasonably relies on the validity of a distribution of part or all of the income and principal of a trust to another trust, or a modification of a trust, under this chapter or the law of another jurisdiction is not liable to any person for any action or failure to act as a result of the reliance. (2) A debt, liability, or other obligation enforceable against income and principal of a first trust is enforceable to the same extent against that income and principal when held by the second trust after exercise of the decanting power. (3) For purposes of the law of this state other than this chapter and subject to this subsection, a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power. In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust and the intent of a settlor of the second trust, if different, may be considered. The intent of the trustee may also be considered. (4) If the trustee intends to distribute all of the principal of a first trust to a second trust and the trustee makes a good faith effort to do so, the distribution of all of the principal of a first trust to a second trust includes subsequently discovered assets otherwise belonging to the first trust and principal paid to or acquired by the first trust after the distribution of the first trust's principal. If the trustee does not intend to distribute all of the principal of a first trust to a second trust, the distribution of part of the principal of a first trust to a second trust does not include subsequently discovered assets belonging to the first trust or principal paid to or acquired by the first trust after the distribution of principal from the first trust to the second trust, and those assets or that principal remain the assets or principal of the first trust. (5) A reference under this title to a trust instrument or to terms of the trust includes the second trust, the second trust instrument, and the terms of the second trust. (6) The title to all real estate and other property, both tangible and intangible, owned by the first trust remains vested in the second trust without reversion or impairment. (7) An action or proceeding pending by or against the first trust may be continued by or against the second trust as if the decanting had not occurred. (8) Except as otherwise provided by this chapter, all of the rights, privileges, immunities, powers, and purposes of the first trust remain vested in the second trust.
RCW 11.125.020 — Washington Code / Title 11 / Chapter 125 / Section 020
RCW 11.125.020: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to which an agent's authority is delegated. (2) "Durable," with respect to a power of attorney, means not terminated by the principal's incapacity. (3) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (4) "Good faith" means honesty in fact. (5) "Incapacity" means inability of an individual to manage property, business, personal, or health care affairs because the individual: (a) Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or (b) Is: (i) An absentee, as defined in chapter 11.80 RCW; or (ii) Outside the United States and unable to return. (6) "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. (7) "Power of attorney" means a writing that uses the term "power of attorney" and grants authority to an agent to act in the place of the principal. (8) "Presently exercisable general power of appointment," with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal's estate, the principal's creditors, or the creditors of the principal's estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will. (9) "Principal" means an individual who grants authority to an agent in a power of attorney. (10) "Property" means anything that may be the subject of ownership, whether real or personal, legal or equitable, tangible or intangible, or any interest or right therein. (11) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (12) "Stocks, bonds, and financial instruments" means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner. The term shall also include but not be limited to commodity futures contracts, call or put options on stocks or stock indexes, derivatives, and margin accounts.
RCW 11.114.903 — Washington Code / Title 11 / Chapter 114 / Section 903
RCW 11.114.903: Effective date—1991 c 193.
Status: in_force

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.
RCW 11.102.020 — Washington Code / Title 11 / Chapter 102 / Section 020
RCW 11.102.020: Accounting.
Status: in_force

Unless ordered by a court of competent jurisdiction the bank or trust company operating such common trust funds is not required to render a court accounting with regard to such funds; but it may, by application to the superior court, secure approval of such an accounting on such conditions as the court may establish.
RCW 11.11.040 — Washington Code / Title 11 / Chapter 11 / Section 040
RCW 11.11.040: Right to rely on form of nonprobate asset—Discharge of financial institution or other third party.
Status: in_force

In transferring nonprobate assets, a personal representative, a financial institution, or other third party may rely conclusively and entirely upon the form of the nonprobate asset and the terms of the nonprobate asset arrangement in effect on the date of death of the owner, and a personal representative or third party may rely on information provided by a financial institution or other party who has possession or control of a nonprobate asset concerning the form of the nonprobate asset and the terms of the nonprobate asset arrangement in effect on the date of death of the owner, unless the personal representative, financial institution, or other third party has actual knowledge of the existence of a claim by a testamentary beneficiary. A financial institution or other third party is not required to inquire as to either the source or ownership of any nonprobate asset in its possession or under its control, or as to the proposed application of an asset so transferred. A transfer of a nonprobate asset in accordance with this section constitutes a complete release and discharge of the financial institution or other third party from all claims relating to the nonprobate asset, regardless of whether or not the transfer is consistent with the actual ownership of the nonprobate asset.
RCW 11.11.007 — Washington Code / Title 11 / Chapter 11 / Section 007
RCW 11.11.007: Intent—Controversies between beneficiaries and testamentary beneficiaries.
Status: in_force

This chapter is intended to establish ownership rights to nonprobate assets upon the death of the owner, as between beneficiaries and testamentary beneficiaries. This chapter is relevant only as to controversies between these persons, and has no bearing on the right of a person to transfer a nonprobate asset under its terms in the absence of a testamentary provision under this chapter.
RCW 11.54.090 — Washington Code / Title 11 / Chapter 54 / Section 090
RCW 11.54.090: Venue for petition—Petition and hearing requirements—Notice of hearing.
Status: in_force

The petition for an award, for an increased or modified award, or for the exemption of assets from the claims of creditors as authorized by this chapter must be made to the court of the county in which the probate is being administered. If probate proceedings have not been commenced in the state of Washington, the petition must be made to the court of a county in which the decedent was domiciled at the time of death. If the decedent was not domiciled in the state of Washington at the time of death, the petition may be made to the court of any county in which the decedent's estate could be administered under RCW 11.96A.050 . The petition and the hearing must conform to RCW 11.96A.080 through 11.96A.200 . Notice of the hearing on the petition must be given in accordance with RCW 11.96A.110 .
RCW 11.130.700 — Washington Code / Title 11 / Chapter 130 / Section 700
RCW 11.130.700: Definitions.
Status: in_force

The definitions in this section apply throughout this section and RCW 11.130.705 through 11.130.755 unless the context clearly requires otherwise. (1) "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities. (2) "Supported decision-making agreement" is an agreement between an adult with a disability and one or more supporters entered into under this chapter. (3) "Supporter" means an adult who has entered into a supported decision-making agreement with an adult with a disability.
RCW 11.114.010 — Washington Code / Title 11 / Chapter 114 / Section 010
RCW 11.114.010: Definitions.
Status: in_force

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Adult" means an individual other than the minor who has attained the age of twenty-one years and is older than the minor. (2) "Benefit plan" means an employer's plan for the benefit of an employee or partner. (3) "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others. (4) "Guardian" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. Conservator means guardian for transfers made under another state's law but enforceable in this state's courts. (5) "Court" means a superior court of the state of Washington. (6) "Custodial property" means (a) any interest in property transferred to a custodian under this chapter and (b) the income from and proceeds of that interest in property. (7) "Custodian" means a person so designated under RCW 11.114.090 or a successor or substitute custodian designated under RCW 11.114.180 . (8) "Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law. (9) "Legal representative" means an individual's personal representative or guardian. (10) "Member of the minor's family" means the minor's parent, stepparent, spouse, domestic partner, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption. (11) "Minor" means an individual who has not attained the age of twenty-five years. (12) "Person" means an individual, corporation, organization, or other legal entity. (13) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. (14) "Transfer" means a transaction that creates custodial property under RCW 11.114.090 . (15) "Transferor" means a person who makes a transfer under this chapter. (16) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
RCW 11.104B.350 — Washington Code / Title 11 / Chapter 104B / Section 350
RCW 11.104B.350: Receipts normally apportioned—Other financial instruments and arrangements.
Status: in_force

A fiduciary shall allocate receipts from or related to a financial instrument or arrangement not otherwise addressed by this chapter. The allocation must be consistent with RCW 11.104B.330 and 11.104B.340 .
RCW 11.130.370 — Washington Code / Title 11 / Chapter 130 / Section 370
RCW 11.130.370: Notice and hearing for appointment of conservator.
Status: in_force

(1) All petitions filed under RCW 11.130.365 for appointment of a conservator shall be heard within sixty days unless an extension of time is requested by a party or the court visitor within such sixty-day period and granted for good cause shown. If an extension is granted, the court shall set a new hearing date. (2)(a) A copy of a petition under RCW 11.130.365 and notice of a hearing on the petition must be served personally on the respondent, the court visitor appointed under RCW 11.130.380 , and the appointed or proposed guardian not more than five court days after the petition under RCW 11.130.365 has been filed. If the respondent's whereabouts are unknown or personal service cannot be made, service on the respondent must be made by publication. (b) Notice under this subsection shall include a clear and easily readable statement of the legal rights of the respondent that could be restricted or transferred to a conservator by a conservatorship order as well as the right to counsel of choice and to a jury trial whether a basis exists under RCW 11.130.360 (2) for the appointment of a conservator and the issue of the respondent's rights that will be retained or restricted if a conservator is appointed. Such notice must be in substantially the same form as set forth in RCW 11.130.657 and must be double-spaced and in a type size not smaller than sixteen-point font. The court may not grant the petition if notice substantially complying with this subsection is not served on the respondent. (3) In a proceeding on a petition under RCW 11.130.365 , the notice required under subsection (2) of this section must be served upon the persons required to be listed in the petition under RCW 11.130.365 (2) (a) through (c) and any other notice party. Failure to give notice under this subsection does not preclude the court from appointing a conservator. (4) After the appointment of a conservator, notice of a hearing on a petition for an order under this article, together with a copy of the petition, must be given to: (a) The individual subject to conservatorship, if the individual is twelve years of age or older and not missing, detained, or unable to return to the United States; (b) The conservator; and (c) Any other notice party or person the court determines pursuant to RCW 11.130.420 (6) or a subsequent court order.
RCW 11.95A.460 — Washington Code / Title 11 / Chapter 95A / Section 460
RCW 11.95A.460: Remedy for breach of contract to appoint or not to appoint.
Status: in_force

The remedy for a powerholder's breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.
RCW 11.125.380 — Washington Code / Title 11 / Chapter 125 / Section 380
RCW 11.125.380: Agent authority—Taxes.
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to: (1) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, federal insurance contributions act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under internal revenue code section 2032A, 26 U.S.C. Sec. 2032A, as amended, closing agreements, and any power of attorney required by the internal revenue service or other taxing authority including, but not limited to, an internal revenue service form 2848 in favor of any third party with respect to a tax year upon which the statute of limitations has not run and the following twenty-five tax years; (2) Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the internal revenue service or other taxing authority; (3) Exercise any election available to the principal under federal, state, local, or foreign tax law; and (4) Act for the principal in all tax matters for all periods before the internal revenue service, or other taxing authority.
RCW 11.90.440 — Washington Code / Title 11 / Chapter 90 / Section 440
RCW 11.90.440: Enforcement of guardianship or protective order from another state.
Status: in_force

(1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties. (2) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.
RCW 11.125.110 — Washington Code / Title 11 / Chapter 125 / Section 110
RCW 11.125.110: Coagents—Successor agents—Liability.
Status: in_force

(1) A principal may designate in a power of attorney two or more persons to act as coagents. Unless the power of attorney otherwise provides, all coagents must exercise their authority jointly; provided, however, a coagent may delegate that coagent's authority to another coagent. (2) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent: (a) Has the same authority as that granted to the original agent; and (b) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve. (3) Except as otherwise provided in the power of attorney and subsection (4) of this section, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent. (4) An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
RCW 11.95A.903 — Washington Code / Title 11 / Chapter 95A / Section 903
RCW 11.95A.903: Effective date—2021 c 140 ss 3101-3614.
Status: in_force

Sections 3101 through 3614 of this act take effect January 1, 2022.
RCW 11.110.051 — Washington Code / Title 11 / Chapter 110 / Section 051
RCW 11.110.051: Registration of trustee—Requirements—Exception—Application of chapter to nonregistered trustees.
Status: in_force

(1) Except as provided in subsection (2) of this section, a trustee, as defined by RCW 11.110.020 , must register with the secretary of state if, as to a particular charitable trust: (a) The trustee holds assets in trust, invested for income-producing purposes, exceeding a value established by the secretary of state by rule; (b) Under the terms of the trust all or part of the principal or income of the trust can or must currently be expended for charitable purposes; and (c) The trust instrument does not require the distribution of the entire trust corpus within a period of one year or less. (2) A trustee of a trust, in which the only charitable interest is in the nature of a remainder, is not required to register during any life estate or other term that precedes the charitable interest. This exclusion from registration applies to trusts which have more than one noncharitable life income beneficiary, even if the death of one such beneficiary obligates the trustee to distribute a remainder interest to charity. (3) A trustee of a charitable trust that is not required to register pursuant to this section is subject to all requirements of this chapter other than those governing registration and reporting to the secretary of state.
RCW 11.135.080 — Washington Code / Title 11 / Chapter 135 / Section 080
RCW 11.135.080: Notarization.
Status: in_force

If other law of this state requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied with respect to an electronic nontestamentary estate planning document if an individual authorized to perform the notarization, acknowledgment, verification, or oath attaches or logically associates the individual's electronic signature on the document together with all other information required to be included under the other law. The individual making the statement or executing the signature may appear physically or, as provided in RCW 42.45.280 , remotely.
RCW 11.104B.400 — Washington Code / Title 11 / Chapter 104B / Section 400
RCW 11.104B.400: Disbursements—Disbursement from income.
Status: in_force

Subject to RCW 11.104B.430 , and except as otherwise provided in RCW 11.104B.500 (3) (b) or (c), a fiduciary shall disburse from income: (1) One-half of: (a) The regular compensation of the fiduciary and any person providing investment advisory, custodial, or other services to the fiduciary, to the extent income is sufficient; and (b) An expense for an accounting, judicial or nonjudicial proceeding, or other matter that involves both income and successive interests, to the extent income is sufficient; (2) The balance of the disbursements described in subsection (1) of this section, to the extent a fiduciary that is an independent person determines that making those disbursements from income would be in the interests of the beneficiaries; (3) Another ordinary expense incurred in connection with administration, management, or preservation of property and distribution of income, including interest, an ordinary repair, regularly recurring tax assessed against principal, and an expense of an accounting, judicial or nonjudicial proceeding, or other matter that involves primarily an income interest, to the extent income is sufficient; and (4) A premium on insurance covering loss of a principal asset or income from or use of the asset.
RCW 11.100.040 — Washington Code / Title 11 / Chapter 100 / Section 040
RCW 11.100.040: Court may permit deviation from terms of trust instrument.
Status: in_force

Nothing contained in this chapter shall be construed as restricting the power of a court of proper jurisdiction to permit a fiduciary to deviate from the terms of any will, agreement, or other instrument relating to the acquisition, investment, reinvestment, exchange, retention, sale, or management of fiduciary property.
RCW 11.118.070 — Washington Code / Title 11 / Chapter 118 / Section 070
RCW 11.118.070: Appointment and removal of trustee.
Status: in_force

If no trustee is designated or no designated trustee is willing or able to serve, the court shall name a trustee. The court may order the removal of an acting trustee and the transfer of the property to another trustee if it is necessary or appropriate in order to assure that the intended use is carried out. A court may also make such other orders and determinations as shall be advisable to carry out the intent of the trustor and the purpose of this chapter.
RCW 11.42.020 — Washington Code / Title 11 / Chapter 42 / Section 020
RCW 11.42.020: Notice to creditors—Manner—Filings—Publication.
Status: in_force

(1) Subject to subsection (2) of this section, a notice agent may give nonprobate notice to the creditors of the decedent if: (a) As of the date of the filing of the notice to creditors with the court, the notice agent has no knowledge of another person acting as notice agent or of the appointment of a personal representative in the decedent's estate in the state of Washington; and (b) According to the records of the court as are available on the date of the filing of the notice to creditors, no cause number regarding the decedent has been issued to any other notice agent and no personal representative of the decedent's estate had been appointed. (2) The notice agent must give notice to the creditors of the decedent, in substantially the form set forth in RCW 11.42.030 , announcing that the notice agent has elected to give nonprobate notice to creditors and requiring that persons having claims against the decedent present their claims within the time specified in RCW 11.42.050 or be forever barred as to claims against the decedent's probate and nonprobate assets. (a) The notice agent shall file the notice with the court. (b) The notice agent shall cause the notice to be published once each week for three successive weeks in a legal newspaper in the notice county. (c) The notice agent may at any time give actual notice to creditors who become known to the notice agent by serving the notice on the creditor or mailing the notice to the creditor at the creditor's last known address, by regular first-class mail, postage prepaid. (d) The notice agent shall also mail a copy of the notice, including the decedent's social security number, to the state of Washington department of social and health services' office of financial recovery. (e) If the decedent was a resident of the state of Washington at the time of death and the notice agent's declaration and oath were filed in a county other than the county of the decedent's residence, then instead of the requirements in (a) and (b) of this subsection, the notice agent shall cause the notice to creditors in substantially the form set forth in RCW 11.42.030 to be published once each week for three successive weeks in a legal newspaper in the county of the decedent's residence and shall file the notice with the superior court of the county in which the notice agent's declaration and oath were filed. The notice agent shall file with the court proof by affidavit of the giving and publication of the notice.
RCW 11.28.340 — Washington Code / Title 11 / Chapter 28 / Section 340
RCW 11.28.340: Order of adjudication of testacy or intestacy and heirship—Entry—Time limitation—Deemed final decree of distribution, when—Purpose—Finality of adjudications.
Status: in_force

Unless, within four months after the entry of the order adjudicating testacy or intestacy and heirship, and the mailing or service of the notice required in RCW 11.28.330 any heir, legatee or devisee of the decedent shall offer a later will for probate or contest an adjudication of testacy in the manner provided in this title for will contests, or offer a will of the decedent for probate following an adjudication of intestacy and heirship, or contesting the determination of heirship, an order adjudicating testacy or intestacy and heirship without appointing a personal representative to administer a decedent's estate shall, as to those persons by whom notice was waived or to whom said notice was mailed or on whom served, be deemed the equivalent of the entry of a final decree of distribution in accordance with the provisions of chapter 11.76 RCW for the purpose of: (1) Establishing the decedent's will as his or her last will and testament and persons entitled to receive his or her estate thereunder; or (2) Establishing the fact that the decedent died intestate, and those persons entitled to receive his or her estate as his or her heirs at law. The right of an heir, legatee, or devisee to receive the assets of a decedent shall, to the extent otherwise provided by this title, be subject to the prior rights of the decedent's creditors and of any persons entitled to a homestead award or award in lieu of homestead or family allowance, and nothing contained in this section shall be deemed to alter or diminish such prior rights, or to prohibit any person for good cause shown, from obtaining the appointment of a personal representative to administer the estate of the decedent after the entry of an order adjudicating testacy or intestacy and heirship. However, if the petition for letters testamentary or of administration shall be filed more than four months after the date of the adjudication of testacy or of intestacy and heirship, the issuance of such letters shall not affect the finality of said adjudications. Four months after providing all notices as required in RCW 11.28.330 , any person paying, delivering, transferring, or issuing property to the person entitled thereto under an adjudication of testacy or intestacy and heirship that is deemed the equivalent of a final decree of distribution as set forth in this section is discharged and released to the same extent as if such person has dealt with a personal representative of the decedent.
RCW 11.96A.170 — Washington Code / Title 11 / Chapter 96A / Section 170
RCW 11.96A.170: Trial by jury.
Status: in_force

If a party is entitled to a trial by jury and a jury is demanded, and the issues are not sufficiently made up by the written pleadings on file, the court, on due notice, shall settle and frame the issues to be tried. If a jury is not demanded, the court shall try the issues, and sign and file its findings and decision in writing, as provided for in civil actions.
RCW 11.106.110 — Washington Code / Title 11 / Chapter 106 / Section 110
RCW 11.106.110: Modification under chapter 11.97 RCW—How constituted.
Status: in_force

This chapter is declared to be of similar import to the uniform trustees' accounting act. Any modification under chapter 11.97 RCW, including waiver, of the requirements of this chapter in any will, deed, or agreement heretofore or hereafter executed shall be given effect whether the waiver refers to the uniform trustees' accounting act by name or other reference or to any other act of like or similar import.
RCW 11.80.110 — Washington Code / Title 11 / Chapter 80 / Section 110
RCW 11.80.110: Escheat for want of presumptive heirs.
Status: in_force

Whenever the owner of such property for which a trustee has been appointed under the provisions of this chapter shall have been absent and unheard of for a period of seven years and no presumptive heirs at law have appeared and applied for the provisional distribution of such property and no will of the absentee has been presented and proven, the trustee appointed under the provisions of the chapter shall apply to the court for a final settlement of his or her account and upon the settlement of such final account the property of the absentee shall be escheated in the manner provided by law for escheating property of persons who die intestate leaving no heirs.
RCW 11.104B.200 — Washington Code / Title 11 / Chapter 104B / Section 200
RCW 11.104B.200: Receipts from entities—Character.
Status: in_force

(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Capital distribution" means an entity distribution of money that is a: (i) Return of capital; or (ii) Distribution in total or partial liquidation of the entity. (b) "Entity": (i) Means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund, or any other organization or arrangement in which a fiduciary owns or holds an interest, whether or not the entity is a taxpayer for federal income tax purposes; and (ii) Does not include: (A) A trust or estate to which RCW 11.104B.210 applies; (B) A business or other activity to which RCW 11.104B.220 applies, which is not conducted by an entity described in (b)(i) of this subsection (1); (C) An asset-backed security; or (D) An instrument or arrangement to which RCW 11.104B.350 applies. (c) "Entity distribution" means a payment or transfer by an entity made to a person in the person's capacity as an owner or holder of an interest in the entity. (2) In this section, an attribute or action of an entity includes an attribute or action of any other entity in which the entity owns or holds an interest, including an interest owned or held indirectly through another entity. (3) Except as otherwise provided in subsection (4)(b) through (d) of this section, a fiduciary shall allocate to income: (a) Money received in an entity distribution; and (b) Tangible personal property of nominal value received from the entity. (4) A fiduciary shall allocate to principal: (a) Property received in an entity distribution which is not: (i) Money; or (ii) Tangible personal property of nominal value; (b) Money received in an entity distribution in an exchange for part or all of the fiduciary's interest in the entity, to the extent the entity distribution reduces the fiduciary's interest in the entity relative to the interests of other persons that own or hold interests in the entity; (c) Money received in an entity distribution that the fiduciary determines or estimates is a capital distribution; and (d) Money received in an entity distribution from an entity that is: (i) A regulated investment company or real estate investment trust if the money received is a capital gain dividend for federal income tax purposes; or (ii) Treated for federal income tax purposes comparably to the treatment described in (d)(i) of this subsection (4). (5) A fiduciary may determine or estimate that money received in an entity distribution is a capital distribution: (a) By relying without inquiry or investigation on a characterization of the entity distribution provided by or on behalf of the entity, unless the fiduciary: (i) Determines, on the basis of information known to the fiduciary, that the characterization is or may be incorrect; or (ii) Owns or holds more than 50 percent of the voting interest in the entity; (b) By determining or estimating, on the basis of information known to the fiduciary or provided to the fiduciary by or on behalf of the entity, that the total amount of money and property received by the fiduciary in the entity distribution or a series of related entity distributions is or will be greater than 20 percent of the fair market value of the fiduciary's interest in the entity; or (c) If neither (a) or (b) of this subsection (5) applies, by considering the factors in subsection (6) of this section and the information known to the fiduciary or provided to the fiduciary by or on behalf of the entity. (6) In making a determination or estimate under subsection (5)(c) of this section, a fiduciary may consider: (a) A characterization of an entity distribution provided by or on behalf of the entity; (b) The amount of money or property received in: (i) The entity distribution; or (ii) What the fiduciary determines is or will be a series of related entity distributions; (c) The amount described in (b) of this subsection compared to the amount the fiduciary determines or estimates is, during the current or preceding accounting periods: (i) The entity's operating income; (ii) The proceeds of the entity's sale or other disposition of: (A) All or part of the business or other activity conducted by the entity; (B) One or more business assets that are not sold to customers in the ordinary course of the business or other activity conducted by the entity; or (C) One or more assets other than business assets, unless the entity's primary activity is to invest in assets to realize gain on the disposition of all or some of the assets; (iii) If the entity's primary activity is to invest in assets to realize gain on the disposition of all or some of the assets, the gain realized on the disposition; (iv) The entity's regular, periodic entity distributions; (v) The amount of money the entity has accumulated; (vi) The amount of money the entity has borrowed; (vii) The amount of money the entity has received from the sources described in RCW 11.104B.260 , 11.104B.290 , 11.104B.300 , and 11.104B.310 ; and (viii) The amount of money the entity has received from a source not otherwise described in this subsection; and (d) Any other factor the fiduciary determines is relevant. (7) If, after applying subsections (3) through (6) of this section, a fiduciary determines that a part of an entity distribution is a capital distribution but is in doubt about the amount of the entity distribution which is a capital distribution, the fiduciary shall allocate to principal the amount of the entity distribution which is in doubt. (8) If a fiduciary receives additional information about the application of this section to an entity distribution before the fiduciary has paid part of the entity distribution to a beneficiary, the fiduciary may consider the additional information before making the payment to the beneficiary and may change a decision to make the payment to the beneficiary. (9) If a fiduciary receives additional information about the application of this section to an entity distribution after the fiduciary has paid part of the entity distribution to a beneficiary, the fiduciary is not required to change or recover the payment to the beneficiary but may consider that information in determining whether to exercise the power to adjust under RCW 11.104B.070 .
RCW 11.84.090 — Washington Code / Title 11 / Chapter 84 / Section 090
RCW 11.84.090: Property appointed—Powers of revocation or appointment.
Status: in_force

(1) Property appointed by the will of the decedent to or for the benefit of the slayer or abuser shall be distributed as if the slayer or abuser had predeceased the decedent. (2) Property held either presently or in remainder by the slayer or abuser, subject to be divested by the exercise by the decedent of a power of revocation or a general power of appointment shall pass to the estate of the decedent, and property so held by the slayer or abuser, subject to be divested by the exercise by the decedent of a power of appointment to a particular person or persons or to a class of persons, shall pass to such person or persons, or in equal shares to the members of such class of persons, exclusive of the slayer or abuser.
RCW 11.40.080 — Washington Code / Title 11 / Chapter 40 / Section 080
RCW 11.40.080: Claims—Duty to allow or reject—Notice of petition to allow—Attorneys' fees.
Status: in_force

(1) The personal representative shall allow or reject all claims presented in the manner provided in RCW 11.40.070 . The personal representative may allow or reject a claim in whole or in part. (2) If the personal representative has not allowed or rejected a claim within the later of four months from the date of first publication of the notice to creditors or thirty days from presentation of the claim, the claimant may serve written notice on the personal representative that the claimant will petition the court to have the claim allowed. If the personal representative fails to notify the claimant of the allowance or rejection of the claim within twenty days after the personal representative's receipt of the claimant's notice, the claimant may petition the court for a hearing to determine whether the claim should be allowed or rejected, in whole or in part. If the court substantially allows the claim, the court may allow the petitioner reasonable attorneys' fees chargeable against the estate.
RCW 11.28.238 — Washington Code / Title 11 / Chapter 28 / Section 238
RCW 11.28.238: Notice of appointment as personal representative—Notice to department of revenue.
Status: in_force

Duty of personal representative to notify department of revenue of administration; personal liability for taxes upon failure to give notice: See RCW 82.32.240 .
RCW 11.28.170 — Washington Code / Title 11 / Chapter 28 / Section 170
RCW 11.28.170: Oath of personal representative.
Status: in_force

Before letters testamentary or of administration are issued, each personal representative or an officer of a bank or trust company qualified to act as a personal representative, must take and subscribe an oath, before some person authorized to administer oaths, that the duties of the trust as personal representative will be performed according to law, which oath must be filed in the cause.
RCW 11.95A.140 — Washington Code / Title 11 / Chapter 95A / Section 140
RCW 11.95A.140: Rules of classification.
Status: in_force

(1) In this section, "adverse party" means a person with a substantial beneficial interest in property which would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate. (2) If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral. (3) If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.
RCW 11.76.010 — Washington Code / Title 11 / Chapter 76 / Section 010
RCW 11.76.010: Report of personal representative—Contents—Interim reports.
Status: in_force

*** CHANGE IN 2026 *** (SEE 2445.SL ) ***

Not less frequently than annually from the date of qualification, unless a final report has theretofore been rendered, the personal representative shall make, verify by his or her oath, and file with the clerk of the court a report of the affairs of the estate. Such report shall contain a statement of the claims filed and allowed and all those rejected, and if it be necessary to sell, mortgage, lease, or exchange any property for the purpose of paying debts or settling any obligations against the estate or expenses of administration or allowance to the family, he or she may in such report set out the facts showing such necessity and ask for such sale, mortgage, lease, or exchange; such report shall likewise state the amount of property, real and personal, which has come into his or her hands, and give a detailed statement of all sums collected by him or her, and of all sums paid out, and it shall state such other things and matters as may be proper or necessary to give the court full information regarding any transactions by him or her done or which should be done. Such personal representative may at any time, however, make, verify, and file any reports which in his or her judgment would be proper or which the court may order to be made.
RCW 11.95A.340 — Washington Code / Title 11 / Chapter 95A / Section 340
RCW 11.95A.340: Notice of exercise of testamentary power.
Status: in_force

Unless the person holding property subject to a testamentary power of appointment has within six months after the holder's death received written notice that the powerholder's last will has been admitted to probate or an adjudication of testacy has been entered with respect to the powerholder's last will in some jurisdiction, the person may, until the time the notice is received, transfer the property subject to appointment on the basis that the power has not been effectively exercised.
RCW 11.96A.200 — Washington Code / Title 11 / Chapter 96A / Section 200
RCW 11.96A.200: Appellate review.
Status: in_force

An interested party may seek appellate review of a final order, judgment, or decree of the court respecting a judicial proceeding under this title. The review must be done in the manner and way provided by law for appeals in civil actions.
RCW 11.12.260 — Washington Code / Title 11 / Chapter 12 / Section 260
RCW 11.12.260: Separate writing may direct disposition of tangible personal property—Requirements.
Status: in_force

(1) A will or a trust of which the decedent is a grantor and which by its terms becomes irrevocable upon or before the grantor's death may refer to a writing that directs disposition of tangible personal property not otherwise specifically disposed of by the will or trust other than property used primarily in trade or business. Such a writing shall not be effective unless: (a) An unrevoked will or trust refers to the writing, (b) the writing is either in the handwriting of, or signed by, the testator or grantor, and (c) the writing describes the items and the recipients of the property with reasonable certainty. (2) The writing may be written or signed before or after the execution of the will or trust and need not have significance apart from its effect upon the dispositions of property made by the will or trust. A writing that meets the requirements of this section shall be given effect as if it were actually contained in the will or trust itself, except that if any person designated to receive property in the writing dies before the testator or grantor, the property shall pass as further directed in the writing and in the absence of any further directions, the disposition shall lapse and, in the case of a will, RCW 11.12.110 shall not apply to such lapse. (3) The testator or grantor may make subsequent handwritten or signed changes to any writing. If there is an inconsistent disposition of tangible personal property as between writings, the most recent writing controls. (4) As used in this section "tangible personal property" means articles of personal or household use or ornament, for example, furniture, furnishings, automobiles, boats, airplanes, and jewelry, as well as precious metals in any tangible form, for example, bullion or coins. The term includes articles even if held for investment purposes and encompasses tangible property that is not real property. The term does not include mobile homes or intangible property, for example, money that is normal currency or normal legal tender, evidences of indebtedness, bank accounts or other monetary deposits, documents of title, or securities.
RCW 11.66.900 — Washington Code / Title 11 / Chapter 66 / Section 900
RCW 11.66.900: 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 11.84.160 — Washington Code / Title 11 / Chapter 84 / Section 160
RCW 11.84.160: Abuser determination—Evidence factors.
Status: in_force

(1) In determining whether a person is an abuser for purposes of this chapter, the court must find by clear, cogent, and convincing evidence that: (a) The decedent was a vulnerable adult at the time the alleged financial exploitation took place; and (b) The conduct constituting financial exploitation was willful action or willful inaction causing injury to the property of the vulnerable adult. (2) A finding of abuse by the department of social and health services is not admissible for any purpose in any claim or proceeding under this chapter. (3) Except as provided in subsection (2) of this section, evidence of financial exploitation is admissible if it is not inadmissible pursuant to the rules of evidence.
RCW 11.98B.900 — Washington Code / Title 11 / Chapter 98B / Section 900
RCW 11.98B.900: Uniformity of application and construction.
Status: in_force

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.
RCW 11.135.010 — Washington Code / Title 11 / Chapter 135 / Section 010
RCW 11.135.010: Definitions.
Status: in_force

In this chapter: (1) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means. (2) "Electronic signature" means an electronic symbol or process attached to or logically associated with a record that uses a security procedure and is executed or adopted by a person with the intent to sign the record. (3) "Information" includes data, text, images, codes, computer programs, software, databases, and the like, and does not include videos or sounds. (4) "Nontestamentary estate planning document" means a record relating to estate planning that is readable as text at the time of signing and is not a will or contained in a will. The term: (a) Includes a record readable as text at the time of signing that creates, exercises, modifies, releases, or revokes: (i) An inter vivos trust governed by chapters 11.97 , 11.98, 11.98B, 11.103, 11.110, 11.118, and 11.140 RCW; (ii) A trust power held by a trustor, a trustee, a beneficiary, or a third party that is granted under the terms of a trust, under this title, specifically including chapters 11.97 , 11.98, 11.98B, 11.103, 11.110, and 11.118 RCW, or by any other statute or rule of law related to trusts that requires a writing, written instrument, or a signed record or document; (iii) A certification of a trust under RCW 11.98.075 ; (iv) A power of attorney, including for health care of the principal or of the principal's minor children, that is durable under chapter 11.125 RCW; (v) An agent's certification under RCW 11.125.430 of the validity of a power of attorney and the agent's authority; (vi) A power of appointment; (vii) A health care directive under chapter 70.122 RCW; (viii) A document appointing an agent to dispose of an individual's remains, directing disposition of an individual's remains after death, or expressing wishes regarding an anatomical gift; (ix) A nomination of a guardian or conservator for the signing individual; (x) A nomination of a guardian or conservator for a minor child or disabled adult child or a delegation of parental powers for a minor child pursuant to RCW 11.130.145 ; (xi) A mental health advance directive under chapter 71.32 RCW; (xii) A community property agreement as described in RCW 26.16.120 ; (xiii) A disclaimer under RCW 11.86.011 (5); (xiv) A trust decanting under chapter 11.107 RCW; (xv) A separate writing directing the disposition of tangible personal property under RCW 11.12.260 ; and (xvi) Any other record intended to carry out an individual's intent regarding property or health care while incapacitated or on death; and (b) Does not include: (i) A deed of real property or certificate of title for a motor vehicle, watercraft, or aircraft; or (ii) A nonjudicial settlement agreement under RCW 11.96A.220 . (5) "Person" means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity. (6) "Security procedure" means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures. (7) "Sign" means, with present intent to authenticate or adopt a record, to: (a) Execute or adopt a tangible symbol; or (b) Attach to or logically associate with the record an electronic signature. (8) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.
RCW 11.96A.110 — Washington Code / Title 11 / Chapter 96A / Section 110
RCW 11.96A.110: Notice in judicial proceedings under this title requiring notice.
Status: in_force

(1) Subject to RCW 11.96A.160 , in all judicial proceedings under this title that require notice, the notice must be personally served on or mailed to all parties or the parties' legal or virtual representatives and to any other persons to whom notice may be required under applicable law at least twenty days before the hearing on the petition unless a different period is provided by statute or ordered by the court. The date of service shall be determined under the rules of civil procedure. Notwithstanding the foregoing, notice that is provided in an electronic transmission and electronically transmitted complies with this section if the party receiving notice has previously consented in a record delivered to the party giving notice to receiving notice by electronic transmission. Consent to receive notice by electronic transmission may be revoked at any time by a record delivered to the party giving notice. Consent is deemed revoked if the party giving notice is unable to electronically transmit two consecutive notices given in accordance with the consent. (2) Proof of the service, mailing, or electronic delivery required in this section must be made by affidavit or declaration filed at or before the hearing. (3) For the purposes of this title, the terms "electronic transmission" and "electronically transmitted" have the same meaning as set forth in RCW 23B.01.400 .
RCW 11.42.130 — Washington Code / Title 11 / Chapter 42 / Section 130
RCW 11.42.130: Claim of notice agent or beneficiary—Payment.
Status: in_force

A claim of the notice agent or other person who has received property by reason of the decedent's death must be paid as set forth in RCW 11.42.090 (3).
RCW 11.130.655 — Washington Code / Title 11 / Chapter 130 / Section 655
RCW 11.130.655: Notification of rights for adult subject to guardianship or conservatorship.
Status: in_force

This form may be used to notify an adult subject to guardianship or conservatorship of the adult's rights under RCW 11.130.315 and 11.130.425 . Notification of Rights You are getting this notice because a guardian, conservator, or both have been appointed for you. It tells you about some important rights you have. It does not tell you about all your rights. If you have questions about your rights, you can ask an attorney or another person, including your guardian or conservator, to help you understand your rights. General rights: You have the right to exercise any right the court has not given to your guardian or conservator. You also have the right to ask the court to: End your guardianship, conservatorship, or both; Increase or decrease the powers granted to your guardian, conservator, or both; Make other changes that affect what your guardian or conservator can do or how they do it; and Replace the person that was appointed with someone else. You also have a right to hire an attorney to help you do any of these things. Additional rights for persons for whom a guardian has been appointed: As an adult subject to guardianship, you have a right to: (1) Be involved in decisions affecting you, including decisions about your care, where you live, your activities, and your social interactions, to the extent reasonably feasible; (2) Be involved in decisions about your health care to the extent reasonably feasible, and to have other people help you understand the risks and benefits of health care options; (3) Be notified at least fourteen days in advance of a change in where you live or a permanent move to a nursing home, mental health facility, or other facility that places restrictions on your ability to leave or have visitors, unless the guardian has proposed this change in the guardian's plan or the court has expressly authorized it; (4) Ask the court to prevent your guardian from changing where you live or selling or surrendering your primary dwelling by following the appropriate process for objecting to such a move in compliance with RCW 11.130.330 (5); (5) Vote and get married unless the court order appointing your guardian states that you cannot do so; (6) Receive a copy of your guardian's report and your guardian's plan; and (7) Communicate, visit, or interact with other people (this includes the right to have visitors, to make and receive telephone calls, personal mail, or electronic communications) unless: (a) Your guardian has been authorized by the court by specific order to restrict these communications, visits, or interactions; (b) A protective order is in effect that limits contact between you and other people; or (c) Your guardian has good cause to believe the restriction is needed to protect you from significant physical, psychological, or financial harm and the restriction is for not more than seven business days if the person has a relative or preexisting social relationship with you or not more than sixty days if the person does not have that kind of relationship with you. Additional rights for persons for whom a conservator has been appointed: As an adult subject to conservatorship, you have a right to: Participate in decisions about how your property is managed to the extent feasible; and Receive a copy of your conservator's inventory, report, and plan.
RCW 11.130.020 — Washington Code / Title 11 / Chapter 130 / Section 020
RCW 11.130.020: Subject matter jurisdiction.
Status: in_force

(1) Except to the extent jurisdiction is precluded by the uniform child custody jurisdiction and enforcement act (chapter 26.27 RCW), the superior court of each county has jurisdiction over a guardianship for a minor domiciled or present in this state. The court has jurisdiction over a conservatorship or protective arrangement instead of conservatorship for a minor domiciled or having property in this state. (2) The superior court of each county has jurisdiction over a guardianship, conservatorship, or protective arrangement under Article 5 of this chapter for an adult as provided in the uniform adult guardianship and protective proceedings jurisdiction act (chapter 11.90 RCW). (3) After notice is given in a proceeding for a guardianship, conservatorship, or protective arrangement under Article 5 of this chapter and until termination of the proceeding, the court in which the petition is filed has: (a) Exclusive jurisdiction to determine the need for the guardianship, conservatorship, or protective arrangement; (b) Exclusive jurisdiction to determine how property of the respondent must be managed, expended, or distributed to or for the use of the respondent, an individual who is dependent in fact on the respondent, or other claimant; (c) Nonexclusive jurisdiction to determine the validity of a claim against the respondent or property of the respondent or a question of title concerning the property; and (d) If a guardian or conservator is appointed, exclusive jurisdiction over issues related to administration of the guardianship or conservatorship. (4) A court that appoints a guardian or conservator, or authorizes a protective arrangement under Article 5 of this chapter, has exclusive and continuing jurisdiction over the proceeding until the court terminates the proceeding or the appointment or protective arrangement expires by its terms.
RCW 11.97.020 — Washington Code / Title 11 / Chapter 97 / Section 020
RCW 11.97.020: Trust term interpretation and property disposition—Rules of construction.
Status: in_force

The rules of construction that apply in this state to the interpretation of a will and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.
RCW 11.40.090 — Washington Code / Title 11 / Chapter 40 / Section 090
RCW 11.40.090: Allowance of claims—Notice—Automatic allowance—Petition for extension—Ranking of claims—Barred claims.
Status: in_force

(1) If the personal representative allows a claim, the personal representative shall notify the claimant of the allowance by personal service or regular first-class mail to the address stated on the claim. (2) A claim that on its face does not exceed one thousand dollars presented in the manner provided in RCW 11.40.070 must be deemed allowed and may not thereafter be rejected unless the personal representative has notified the claimant of rejection of the claim within the later of six months from the date of first publication of the notice to creditors and two months from the personal representative's receipt of the claim. The personal representative may petition for an order extending the period for automatic allowance of the claims. (3) Allowed claims must be ranked among the acknowledged debts of the estate to be paid expeditiously in the course of administration. (4) A claim may not be allowed if it is barred by a statute of limitations.
RCW 11.56.045 — Washington Code / Title 11 / Chapter 56 / Section 045
RCW 11.56.045: Order directing lease.
Status: in_force

If the court should determine that it is necessary or proper, for any of the said purposes to lease any or all of said property, it may make an order directing the personal representative to lease such thereof as it may determine upon, and such order shall contain the terms and conditions of such transaction and authorize the personal representative to execute the lease and thereafter it shall be the duty of the personal representative to comply with such order. The personal representative shall not execute such lease until he or she has first presented the same to the court and obtained its approval of the form.
RCW 11.135.060 — Washington Code / Title 11 / Chapter 135 / Section 060
RCW 11.135.060: Electronic documents and signatures recognized.
Status: in_force

(1) A nontestamentary estate planning document or a signature on a nontestamentary estate planning document may not be denied legal effect or enforceability solely because it is in electronic form. (2) If other law of this state requires a nontestamentary estate planning document to be in writing, an electronic record of the document satisfies the requirement. (3) If other law of this state requires a signature on a nontestamentary estate planning document, an electronic signature satisfies the requirement. (4) A person that refuses in violation of this section to accept a nontestamentary estate planning document or a signature on a nontestamentary estate planning document is subject to: (a) A court order mandating acceptance of the document or signature; and (b) Liability for reasonable attorneys' fees and costs incurred in any action or proceeding that confirms the validity of the document or signature or mandates acceptance of the document or signature.
RCW 11.130.305 — Washington Code / Title 11 / Chapter 130 / Section 305
RCW 11.130.305: Who may be guardian for adult—Order of priority.
Status: in_force

(1) Except as otherwise provided in subsection (3) of this section, the court in appointing a guardian for an adult shall consider persons qualified to be guardian in the following order of priority: (a) A guardian, other than a temporary or emergency guardian, currently acting for the respondent in another jurisdiction; (b) A person nominated as guardian by the respondent, including the respondent's most recent nomination made in a power of attorney; (c) An agent appointed by the respondent under a power of attorney for health care; (d) A spouse or domestic partner of the respondent; (e) A relative or other individual who has shown special care and concern for the respondent; and (f) A certified professional guardian or conservator. (2) If two or more persons have equal priority under subsection (1) of this section, the court shall select as guardian the person the court considers best qualified. In determining the best qualified person, the court shall consider the person's relationship with the respondent, the person's skills, the expressed wishes of the respondent, the extent to which the person and the respondent have similar values and preferences, and the likelihood the person will be able to perform the duties of a guardian successfully. (3) The court, acting in the best interest of the respondent, may decline to appoint as guardian a person having priority under subsection (1) of this section and appoint a person having a lower priority or no priority. (4) A person that provides paid services to the respondent, or an individual who is employed by a person that provides paid services to the respondent or is the spouse, domestic partner, parent, or child of an individual who provides or is employed to provide paid services to the respondent, may not be appointed as guardian unless: (a) The individual is related to the respondent by blood, marriage, or adoption; or (b) The court finds by clear and convincing evidence that the person is the best qualified person available for appointment and the appointment is in the best interest of the respondent. (5) An owner, operator, or employee of a long-term care facility at which the respondent is receiving care may not be appointed as guardian unless the owner, operator, or employee is related to the respondent by blood, marriage, or adoption.
RCW 11.114.210 — Washington Code / Title 11 / Chapter 114 / Section 210
RCW 11.114.210: Applicability.
Status: in_force

This chapter applies to a transfer within the scope of RCW 11.114.020 made after July 1, 1991, if: (1) The transfer purports to have been made under the Washington uniform gifts to minors act; or (2) The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the uniform gifts to minors act" or "as custodian under the uniform transfers to minors act" of any other state, and the application of this chapter is necessary to validate the transfer.
RCW 11.140.040 — Washington Code / Title 11 / Chapter 140 / Section 040
RCW 11.140.040: Form and effect of receipt and acceptance by custodial trustee—Jurisdiction.
Status: in_force

(1) Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this chapter upon the custodial trustee's acceptance, express or implied, of the custodial trust property. (2) The custodial trustee's acceptance may be evidenced by a writing stating in substance: CUSTODIAL TRUSTEE'S RECEIPT AND ACCEPTANCE I, . . . . . (name of custodial trustee) acknowledge receipt of the custodial trust property described below or in the attached instrument and accept the custodial trust as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act. I undertake to administer and distribute the custodial trust property pursuant to the Washington uniform custodial trust act. My obligations as custodial trustee are subject to the directions of the beneficiary unless the beneficiary is designated as, is, or becomes incapacitated. The custodial trust property consists of . . . . . (description of property). Dated: . . . (date) . . . . . . . . (Signature of custodial trustee) (3) Upon accepting custodial trust property, a person designated as custodial trustee under this chapter is subject to personal jurisdiction of the court with respect to any matter relating to the custodial trust.
RCW 11.28.070 — Washington Code / Title 11 / Chapter 28 / Section 070
RCW 11.28.070: Authority of administrator with will annexed.
Status: in_force

Administrators with the will annexed shall have the same authority as the executor named in the will would have had, and their acts shall be as effectual for every purpose: PROVIDED, That they shall not lease, mortgage, pledge, exchange, sell, or convey any real or personal property of the estate except under order of the court and pursuant to procedure under existing laws pertaining to the administration of estates in cases of intestacy, unless the powers expressed in the will are directory and not discretionary, or said administrator with will annexed shall have obtained nonintervention powers as provided in chapter 11.68 RCW.
RCW 11.140.060 — Washington Code / Title 11 / Chapter 140 / Section 060
RCW 11.140.060: Multiple beneficiaries—Separate custodial trusts—Survivorship.
Status: in_force

(1) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of spouses or state registered domestic partners, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to community or marital property. (2) Custodial trust property held under this chapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust. (3) A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to RCW 11.140.070 and 11.140.150 for the administration of the custodial trust.
RCW 11.95A.430 — Washington Code / Title 11 / Chapter 95A / Section 430
RCW 11.95A.430: Revocation or amendment of release.
Status: in_force

A powerholder may revoke or amend a release of a power of appointment only to the extent that: (1) The instrument of release is revocable by the powerholder; or (2) The powerholder reserves a power of revocation or amendment in the instrument of release.