RCW 11.02.005 — Washington Code / Title 11 / Chapter 02 / Section 005
RCW 11.02.005: Definitions and use of terms.
Status: in_force

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When used in this title, unless otherwise required from the context: (1) "Administrator" means a personal representative of the estate of a decedent and the term may be used in lieu of "personal representative" wherever required by context. (2) "Codicil" means a will that modifies or partially revokes an existing earlier will. A codicil need not refer to or be attached to the earlier will. (3) "Degree of kinship" means the degree of kinship as computed according to the rules of the civil law; that is, by counting upward from the intestate to the nearest common ancestor and then downward to the relative, the degree of kinship being the sum of these two counts. (4) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (5) "Electronic presence" means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location. (6) "Electronic will" means a will or codicil executed in compliance with RCW 11.12.400 through 11.12.491 . (7) "Executor" means a personal representative of the estate of a decedent appointed by will and the term may be used in lieu of "personal representative" wherever required by context. (8) "Guardian," "limited guardian," "conservator," or "limited conservator" means a personal representative of the person or estate of a person who has been placed under a guardianship under RCW 11.130.265 or who has been placed under a conservatorship under RCW 11.130.360 and the term may be used in lieu of "personal representative" wherever required by context. (9) "Heirs" denotes those persons, including the surviving spouse or surviving domestic partner, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate. (10) "Internal revenue code" means the United States internal revenue code of 1986, as amended or renumbered as of January 1, 2001. (11) "Issue" means all the lineal descendants of an individual. An adopted individual is a lineal descendant of each of his or her adoptive parents and of all individuals with regard to which each adoptive parent is a lineal descendant. A child conceived prior to the death of a parent but born after the death of the deceased parent is considered to be the surviving issue of the deceased parent for purposes of this title. (12) "Net estate" refers to the real and personal property of a decedent exclusive of homestead rights, exempt property, the family allowance and enforceable claims against, and debts of, the deceased or the estate. (13) "Nonprobate asset" means those rights and interests of a person having beneficial ownership of an asset that pass on the person's death under a written instrument or arrangement other than the person's will. "Nonprobate asset" includes, but is not limited to, a right or interest passing under a joint tenancy with right of survivorship, joint bank account with right of survivorship, transfer on death deed, payable on death or trust bank account, transfer on death security or security account, deed or conveyance if possession has been postponed until the death of the person, trust of which the person is grantor and that becomes effective or irrevocable only upon the person's death, community property agreement, individual retirement account or bond, or note or other contract the payment or performance of which is affected by the death of the person. "Nonprobate asset" does not include: A payable-on-death provision of a life insurance policy, annuity, or other similar contract, or of an employee benefit plan; a right or interest passing by descent and distribution under chapter 11.04 RCW; a right or interest if, before death, the person has irrevocably transferred the right or interest, the person has waived the power to transfer it or, in the case of contractual arrangement, the person has waived the unilateral right to rescind or modify the arrangement; or a right or interest held by the person solely in a fiduciary capacity. For the definition of "nonprobate asset" relating to revocation of a provision for a former spouse upon dissolution of marriage or declaration of invalidity of marriage, RCW 11.07.010 (5) applies. For the definition of "nonprobate asset" relating to testamentary disposition of nonprobate assets, see RCW 11.11.010 (7). (14) "Personal representative" includes executor, administrator, special administrator, and conservator or limited conservator and special representative. (15) "Real estate" includes, except as otherwise specifically provided herein, all lands, tenements, and hereditaments, and all rights thereto, and all interest therein possessed and claimed in fee simple, or for the life of a third person. (16) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (17) "Representation" refers to a method of determining distribution in which the takers are in unequal degrees of kinship with respect to a decedent, and is accomplished as follows: After first determining who, of those entitled to share in the estate, are in the nearest degree of kinship, the estate is divided into equal shares, the number of shares being the sum of the number of persons who survive the decedent who are in the nearest degree of kinship and the number of persons in the same degree of kinship who died before the decedent but who left issue surviving the decedent; each share of a deceased person in the nearest degree must be divided among those of the deceased person's issue who survive the decedent and have no ancestor then living who is in the line of relationship between them and the decedent, those more remote in degree taking together the share which their ancestor would have taken had he or she survived the decedent. (18) References to "section 2033A" of the internal revenue code in wills, trust agreements, powers of appointment, beneficiary designations, and other instruments governed by or subject to this title are deemed to refer to the comparable or corresponding provisions of section 2057 of the internal revenue code, as added by section 6006(b) of the internal revenue service restructuring act of 1998 (H.R. 2676, P.L. 105-206); and references to the section 2033A "exclusion" are deemed to mean the section 2057 deduction. (19) "Settlor" has the same meaning as provided for "trustor" in this section. (20) "Special administrator" means a personal representative of the estate of a decedent appointed for limited purposes and the term may be used in lieu of "personal representative" wherever required by context. (21) "Surviving spouse" or "surviving domestic partner" does not include an individual whose marriage to or state registered domestic partnership with the decedent has been terminated, dissolved, or invalidated unless, by virtue of a subsequent marriage or state registered domestic partnership, he or she is married to or in a domestic partnership with the decedent at the time of death. A decree of separation that does not terminate the status of spouses or domestic partners is not a dissolution or invalidation for purposes of this subsection. (22) "Trustee" means an original, added, or successor trustee and includes the state, or any agency thereof, when it is acting as the trustee of a trust to which chapter 11.98 RCW applies. (23) "Trustor" means a person, including a testator, who creates, or contributes property to, a trust. (24) "Will" means an instrument validly executed as required by RCW 11.12.020 or 11.12.400 through 11.12.491 . Words that import the singular number may also be applied to the plural of persons and things. Words importing the masculine gender only may be extended to females also.
RCW 11.56.120 — Washington Code / Title 11 / Chapter 56 / Section 120
RCW 11.56.120: Conveyance after confirmation of sale.
Status: in_force

Upon the confirmation of any such sale the court shall direct the personal representative to make, execute and deliver instruments conveying the title to the person to whom such property may be sold, and such instruments of conveyance shall be deemed to convey all the estate, rights and interests of the testator or intestate at the death of the deceased and any interest acquired by the estate.
RCW 11.98.072 — Washington Code / Title 11 / Chapter 98 / Section 072
RCW 11.98.072: Trustee—Notification requirements.
Status: in_force

(1) A trustee must keep all qualified beneficiaries of a trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee must promptly respond to any beneficiary's request for information related to the administration of the trust. The trustee is deemed to have satisfied the request of a qualified beneficiary who requests information concerning the terms of the trust reasonably necessary to enable such beneficiary to enforce his or her rights under the trust if the trustee provides a copy of the entire trust instrument. If a qualified beneficiary must compel production of information from the trustee by order of the court, then the court may order costs, including reasonable attorneys' fees, to be awarded to such beneficiary pursuant to RCW 11.96A.150 . (2)(a) Except to the extent waived or modified as provided in subsection (5) of this section, within sixty days after the date of acceptance of the position of trustee, the trustee must give notice to the qualified beneficiaries of the trust of: (i) The existence of the trust; (ii) The identity of the trustor or trustors; (iii) The trustee's name, address, and telephone number; and (iv) The right to request such information as is reasonably necessary to enable the notified person to enforce his or her rights under the trust. (b) The notice required under this subsection (2) applies only to irrevocable trusts created after December 31, 2011, and revocable trusts that become irrevocable after December 31, 2011. (3) Despite any other provision of this section, and except to the extent waived or modified as provided in subsection (5) of this section, the trustee may not be required to provide any information described in subsection (1) or (2) of this section to any beneficiary of a trust other than the trustor's spouse or domestic partner if: (a) Such spouse or domestic partner has capacity; (b) Such spouse or domestic partner is the only permissible distributee of the trust; and (c) All of the other qualified beneficiaries of the trust are the descendants of the trustor and the trustor's spouse or domestic partner. (4) While the trustor of a revocable trust is living, no beneficiary other than the trustor is entitled to receive any information under this section. (5) The trustor may waive or modify the notification requirements of subsections (2) and (3) of this section in the trust document or in a separate writing, made at any time, that is delivered to the trustee.
RCW 11.95A.130 — Washington Code / Title 11 / Chapter 95A / Section 130
RCW 11.95A.130: Presumption of unlimited authority—Exception.
Status: in_force

Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if: (1) The power is exercisable only at the powerholder's death; and (2) The permissible appointees of the power are a defined and limited class that does not include the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate.
RCW 11.95A.260 — Washington Code / Title 11 / Chapter 95A / Section 260
RCW 11.95A.260: Impermissible appointment.
Status: in_force

(1) Except as otherwise provided in RCW 11.95A.250 , an exercise of a power of appointment in favor of an impermissible appointee is ineffective. (2) An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power.
RCW 11.98B.040 — Washington Code / Title 11 / Chapter 98B / Section 040
RCW 11.98B.040: Common law and principles of equity supplement.
Status: in_force

The common law and principles of equity supplement this chapter, except to the extent modified by this chapter or law of this state other than this chapter.
RCW 11.40.020 — Washington Code / Title 11 / Chapter 40 / Section 020
RCW 11.40.020: Notice to creditors—Manner—Filings—Publication.
Status: in_force

(1) Subject to subsection (2) of this section, a personal representative may give notice to the creditors of the decedent, in substantially the form set forth in RCW 11.40.030 , announcing the personal representative's appointment and requiring that persons having claims against the decedent present their claims within the time specified in RCW 11.40.051 or be forever barred as to claims against the decedent's probate and nonprobate assets. If notice is given: (a) The personal representative shall file the notice with the court; (b) The personal representative shall cause the notice to be published once each week for three successive weeks in a legal newspaper in the county in which the estate is being administered; (c) The personal representative may, at any time during the probate proceeding, give actual notice to creditors who become known to the personal representative 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; and (d) The personal representative 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. The personal representative shall file with the court proof by affidavit of the giving and publication of the notice. (2) If the decedent was a resident of the state of Washington at the time of death and probate proceedings are commenced in a county other than the county of the decedent's residence, then instead of the requirements under subsection (1)(a) and (b) of this section, the personal representative shall cause the notice to creditors in substantially the form set forth in RCW 11.40.030 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 probate proceedings were commenced.
RCW 11.95A.030 — Washington Code / Title 11 / Chapter 95A / Section 030
RCW 11.95A.030: Common law and principles of equity supplement.
Status: in_force

The common law and principles of equity supplement this chapter, except to the extent modified by this chapter or law of this state other than this chapter.
RCW 11.04.240 — Washington Code / Title 11 / Chapter 04 / Section 240
RCW 11.04.240: United States savings bond—Effect of beneficiary's survival of registered owner.
Status: in_force

If the registered owner of United States savings bonds registered in the name of one person payable on death to another dies without having presented and surrendered the bond for payment or authorized reissue to a federal reserve bank or the treasury department, and is survived by the beneficiary, the beneficiary will be the sole and absolute owner of the bond.
RCW 11.84.900 — Washington Code / Title 11 / Chapter 84 / Section 900
RCW 11.84.900: Chapter to be construed broadly.
Status: in_force

This chapter shall be construed broadly to effect the policy of this state that no person shall be allowed to profit by his or her own wrong, wherever committed.
RCW 11.80.060 — Washington Code / Title 11 / Chapter 80 / Section 060
RCW 11.80.060: Removal or resignation of trustee—Final account.
Status: in_force

The court shall have the power to remove or to accept the resignation of such trustee and appoint another in his or her stead. At the termination of his or her trust, as hereinafter provided or in case of his or her resignation or removal, the trustee shall file a final account, which account shall be settled in the manner provided by law for settling the final accounts of personal representatives.
RCW 11.28.270 — Washington Code / Title 11 / Chapter 28 / Section 270
RCW 11.28.270: Powers of remaining personal representatives if letters to associates revoked or surrendered or upon disqualification.
Status: in_force

If more than one personal representative of an estate is serving when the letters to any of them are revoked or surrendered or when any part of them dies or in any way becomes disqualified, those who remain shall perform all the duties required by law unless the decedent provided otherwise in a duly probated will or unless the court orders otherwise.
RCW 11.98.920 — Washington Code / Title 11 / Chapter 98 / Section 920
RCW 11.98.920: Short title.
Status: in_force

This act shall be known as the "Washington Trust Act."
RCW 11.98.145 — Washington Code / Title 11 / Chapter 98 / Section 145
RCW 11.98.145: Distribution upon termination.
Status: in_force

(1) Upon termination or partial termination of a trust, the trustee may send, by personal service, certified mail with return receipt requested, or in an electronic transmission if there is a consent of the recipient to electronic transmission then in effect under the terms of RCW 11.96A.110 , to the beneficiaries a proposed plan to distribute existing trust assets. The right of any beneficiary to object to the plan to distribute existing trust assets, including the right to object to nonpro rata distributions authorized under RCW 11.98.070 (15), terminates if the beneficiary does not notify the trustee of an objection within thirty days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection. (2) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.
RCW 11.125.310 — Washington Code / Title 11 / Chapter 125 / Section 310
RCW 11.125.310: Agent authority—Operation of a business or entity.
Status: in_force

Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes the agent to: (1) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest; (2) Perform a duty or discharge a liability and exercise in person or by proxy a right, power, privilege, or option that the principal has, may have, or claims to have; (3) Enforce the terms of an ownership agreement; (4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party because of an ownership interest; (5) Exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege, or option the principal has or claims to have as the holder of stocks, bonds, and financial instruments; (6) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party concerning stocks, bonds, and financial instruments; (7) With respect to an entity or business owned solely by the principal: (a) Continue, modify, renegotiate, extend, and terminate a contract made by or on behalf of the principal with respect to the entity or business before execution of the power of attorney; (b) Determine: (i) The location of its operation; (ii) The nature and extent of its business; (iii) The methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation; (iv) The amount and types of insurance carried; and (v) The mode of engaging, compensating, and dealing with its employees and accountants, attorneys, or other advisors; (c) Change the name or form of organization under which the entity or business is operated and enter into an ownership agreement with other persons to take over all or part of the operation of the entity or business; and (d) Demand and receive money due or claimed by the principal or on the principal's behalf in the operation of the entity or business and control and disburse the money in the operation of the entity or business; (8) Put additional capital into an entity or business in which the principal has an interest; (9) Join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity or business; (10) Sell or liquidate all or part of an entity or business; (11) Establish through agreement or independent appraisal the value of an entity or business to which the principal is a party; (12) Prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with respect to an entity or business and make related payments; and (13) Pay, compromise, or contest taxes, assessments, fines, or penalties and perform any other act to protect the principal from illegal or unnecessary taxation, assessments, fines, or penalties, with respect to an entity or business, including attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney.
RCW 11.130.115 — Washington Code / Title 11 / Chapter 130 / Section 115
RCW 11.130.115: Petition after appointment for instruction or ratification.
Status: in_force

(1) A guardian or conservator may petition the court for instruction concerning fiduciary responsibility or ratification of a particular act related to the guardianship or conservatorship. (2) Fourteen days after notice of a petition under subsection (1) of this section, the court may give an instruction and issue an appropriate order. (3) The petitioner must provide reasonable notice of the petition and hearing to the individual subject to a guardianship or conservatorship and any notice party.
RCW 11.28.235 — Washington Code / Title 11 / Chapter 28 / Section 235
RCW 11.28.235: Limitation of action against sureties.
Status: in_force

All actions against sureties shall be commenced within six years after the revocation or surrender of letters of administration or death of the principal.
RCW 11.98.002 — Washington Code / Title 11 / Chapter 98 / Section 002
RCW 11.98.002: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter, and throughout this title where specifically referenced, unless the context clearly requires otherwise. (1) "Permissible distributee" means a trust beneficiary who is currently eligible to receive distributions of trust income or principal, whether the distribution is mandatory or discretionary. (2) "Qualified beneficiary" means a trust beneficiary who, on the date that such beneficiary's qualification is determined: (a) Is a permissible distributee; (b) Would be a permissible distributee if the interests of the distributees described in (a) of this subsection terminated on that date; or (c) Would be a permissible distributee if the trust terminated on that date.
RCW 11.90.010 — Washington Code / Title 11 / Chapter 90 / Section 010
RCW 11.90.010: Short title.
Status: in_force

This chapter may be cited as the uniform adult guardianship and protective proceedings jurisdiction act.
RCW 11.120.090 — Washington Code / Title 11 / Chapter 120 / Section 090
RCW 11.120.090: Disclosure of content of electronic communications of principal.
Status: in_force

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian: (1) A written request for disclosure in physical or electronic form; (2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; (3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and (4) If requested by the custodian: (a) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (b) Evidence linking the account to the principal.
RCW 11.103.020 — Washington Code / Title 11 / Chapter 103 / Section 020
RCW 11.103.020: Trustor capacity.
Status: in_force

The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.
RCW 11.28.110 — Washington Code / Title 11 / Chapter 28 / Section 110
RCW 11.28.110: Application for letters of administration or adjudication of intestacy and heirship.
Status: in_force

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Application for letters of administration, or, application for an adjudication of intestacy and heirship without the issuance of letters of administration shall be made by petition in writing, signed and verified by the applicant or his or her attorney, and filed with the court, which petition shall set forth the facts essential to giving the court jurisdiction of the case, and state, if known, the names, ages and addresses of the heirs of the deceased and that the deceased died without a will. If the application for an adjudication of intestacy and heirship does not request the appointment of a personal representative and the court enters an adjudication of intestacy no further administration shall be required except as set forth in RCW 11.28.330 or 11.28.340 .
RCW 11.104B.903 — Washington Code / Title 11 / Chapter 104B / Section 903
RCW 11.104B.903: Application of chapter 11.96A RCW.
Status: in_force

Nothing in chapter 345, Laws of 2002 is intended to restrict the application of chapter 11.96A RCW to issues, questions, or disputes that arise under or that relate to chapter 345, Laws of 2002. Any and all such issues, questions, or disputes shall be resolved judicially or nonjudicially under chapter 11.96A RCW.
RCW 11.68.130 — Washington Code / Title 11 / Chapter 68 / Section 130
RCW 11.68.130: Power to construe and interpret will.
Status: in_force

(1) A personal representative with nonintervention powers has the power to construe and interpret the terms of a probated will, except as the probated will or an order of the court may otherwise direct. (2) Unless otherwise provided in the probated will: (a) A party, as defined in RCW 11.96A.030 , may either petition the court under chapter 11.96A RCW to have an ambiguous provision of a probated will construed by the court or may otherwise address, resolve, and settle the matter under the procedures provided under chapter 11.96A RCW; and (b) There is a rebuttable presumption that the construction of an ambiguous provision that is made by a personal representative with nonintervention powers is consistent with the intent of the testator. (3) A party, as defined in RCW 11.96A.030 , may commence an action to reform the terms of a will as provided in RCW 11.96A.125 .
RCW 11.56.110 — Washington Code / Title 11 / Chapter 56 / Section 110
RCW 11.56.110: Offer of increased bid—Duty of court.
Status: in_force

If, at any time before confirmation of any such sale, any person shall file with the clerk of the court a bid on such property in an amount not less than ten percent higher than the bid the acceptance of which was reported by the return of sale and shall deposit with the clerk not less than twenty percent of his or her bid in the form of cash, money order, cashier's check, or certified check made payable to the clerk, to be forfeited to the estate unless such bidder complies with his or her bid, the bidder whose bid was accepted shall be informed of such increased bid by registered or certified mail addressed to such bidder at any address which may have been given by him or her at the time of making such bid. Such bidder then shall have a period of five days, not including holidays, in which to make and file a bid better than that of the subsequent bidder. After the expiration of such five-day period the court may refuse to confirm the sale reported in the return of sale and direct a sale to the person making the best bid then on file, indicating which is the best bid, and a sale made pursuant to such direction shall need no further confirmation. Instead of such a direction, the court, upon application of the personal representative, may direct the reception of sealed bids. Thereupon the personal representative shall mail notice by registered or certified mail to all those who have made bids on such property, informing them that sealed bids will be received by the clerk of the court within ten days. At the expiration of such period the personal representative, in the presence of the clerk of the court, shall open such bids as shall have been submitted to the clerk within the time stated in the notice (whether by previous bidders or not) and shall file a recommendation of the acceptance of the bid which he or she deems best in view of the requirements of the particular estate. The court may thereupon direct a sale to the bidder whose bid is deemed best by the court and a sale made pursuant to such direction shall need no confirmation: PROVIDED, HOWEVER, That the court shall consider the net realization to the estate in determining the best bid.
RCW 11.130.575 — Washington Code / Title 11 / Chapter 130 / Section 575
RCW 11.130.575: Transfer for benefit of minor without appointment of conservator.
Status: in_force

(1) Unless a person required to transfer funds or other property to a minor knows that a conservator for the minor has been appointed or a proceeding is pending for conservatorship, the person may transfer an amount or value not exceeding fifteen thousand dollars in a twelve-month period to: (a) A person that has care or custody of the minor and with whom the minor resides; (b) A guardian for the minor; (c) A custodian under the uniform transfers to minors act (chapter 11.114 RCW); or (d) A financial institution as a deposit in an interest-bearing account or certificate solely in the name of the minor and shall give notice to the minor of the deposit. (2) A person that transfers funds or other property under this section is not responsible for its proper application. (3) A person that receives funds or other property for a minor under subsection (1)(a) or (b) of this section may apply it only to the support, care, education, health, or welfare of the minor, and may not derive a personal financial benefit from it, except for reimbursement for necessary expenses. Funds not applied for these purposes must be preserved for the future support, care, education, health, or welfare of the minor, and the balance, if any, transferred to the minor when the minor becomes an adult or otherwise is emancipated.
RCW 11.108.030 — Washington Code / Title 11 / Chapter 108 / Section 030
RCW 11.108.030: Pecuniary bequests—Valuation of assets if distribution other than money.
Status: in_force

(1) If a governing instrument authorizes the fiduciary to satisfy a pecuniary bequest in whole or in part by distribution of property other than money, the assets selected for that purpose shall be valued at their respective fair market values on the date or dates of distribution, unless the governing instrument expressly provides otherwise. If the governing instrument permits the fiduciary to value the assets selected for the distribution as of a date other than the date or dates of distribution, then, unless the governing instrument expressly provides otherwise, the assets selected by the fiduciary for that purpose shall have an aggregate fair market value on the date or dates of distribution which, when added to any cash distributed, will amount to no less than the amount of that gift as stated in, or determined by, the governing instrument. (2) A marital deduction gift shall be satisfied only with assets that qualify for those deductions.
RCW 11.103.030 — Washington Code / Title 11 / Chapter 103 / Section 030
RCW 11.103.030: Revocation or amendment.
Status: in_force

(1) Unless the terms of a trust expressly provide that the trust is revocable, the trustor may not revoke or amend the trust. (2) If a revocable trust is created or funded by more than one trustor and unless the trust agreement provides otherwise: (a) To the extent the trust consists of community property, the trust may be revoked by either spouse or either domestic partner acting alone but may be amended only by joint action of both spouses or both domestic partners; (b) To the extent the trust consists of property other than community property, each trustor may revoke or amend the trust with regard to the portion of the trust property attributable to that trustor's contribution; (c) The character of community property or separate property is unaffected by its transfer to and from a revocable trust; and (d) Upon the revocation or amendment of the trust by fewer than all of the trustors, the trustee must promptly notify the other trustors of the revocation or amendment. (3) The trustor may revoke or amend a revocable trust: (a) By substantial compliance with a method provided in the terms of the trust; or (b)(i) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by: (A) A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or (B) A written instrument signed by the trustor evidencing intent to revoke or amend. (ii) The requirements of chapter 11.11 RCW do not apply to revocation or amendment of a revocable trust under (b)(i) of this subsection. (4) Upon revocation of a revocable trust, the trustee must deliver the trust property as the trustor directs. (5) A trustor's powers with respect to the revocation or amendment of a trust or distribution of the property of a trust may be exercised by the trustor's agent under a power of attorney only to the extent specified in the power of attorney document, as provided in RCW 11.125.240 and to the extent consistent with or expressly authorized by the trust agreement. (6) A conservator of the trustor may exercise a trustor's powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the guardianship pursuant to chapter 11.130 RCW. (7) A trustee who does not know that a trust has been revoked or amended is not liable to the trustor or trustor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked. (8) This section does not limit or affect operation of RCW 11.96A.220 through 11.96A.240 .
RCW 11.125.300 — Washington Code / Title 11 / Chapter 125 / Section 300
RCW 11.125.300: Agent authority—Banks and financial institutions.
Status: in_force

Except as otherwise expressly provided in chapter 209, Laws of 2016 and in chapter 30A.22 RCW, unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to: (1) Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal; (2) Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent; (3) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault; (4) Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution; (5) Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them; (6) Enter a safe deposit box or vault and withdraw or add to the contents; (7) Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal; (8) Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due; (9) Receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument; (10) Apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and (11) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
RCW 11.130.745 — Washington Code / Title 11 / Chapter 130 / Section 745
RCW 11.130.745: Form.
Status: in_force

(1) Subject to subsection (2) of this section, a supported decision-making agreement is valid only if it is in substantially the following form: SUPPORTED DECISION-MAKING AGREEMENT Appointment of Supporter I, ..... (name of supported adult), make this agreement of my own free will. I agree and designate that: Name: ..... (name of supporter) Address: ..... (address of supporter) Phone Number: ..... (phone number of supporter) Email Address: ..... (email address of supporter) is my supporter. My supporter may help me with making everyday life decisions relating to the following: (Y/N) Obtaining food, clothing, and shelter. (Y/N) Taking care of my health. (Y/N) Managing my financial affairs. (Y/N) Other matters: ..... (specify). My supporter is not allowed to make decisions for me. To help me with my decisions, my supporter may: 1. Help me access, collect, or obtain information that is relevant to a decision, including medical, psychological, financial, educational, or treatment records; 2. Help me understand my options so I can make an informed decision; and 3. Help me communicate my decision to appropriate persons. (Y/N) A release allowing my supporter to see protected health information under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, is attached. (Y/N) A release allowing my supporter to see educational records under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Sec. 1232g, is attached. Effective Date of Supported Decision-Making Agreement This supported decision-making agreement is effective immediately and will continue until ..... (insert date) or until the agreement is terminated by my supporter or me or by operation of law. Signed this ..... (day) day of ..... (month), ..... (year) Consent of Supporter I, ..... (name of supporter), acknowledge my responsibilities and consent to act as a supporter under this agreement. (Signature of supporter) (Printed name of supporter) Supporter (Signature of supported adult) (Printed name of supported adult) Supported Adult (Signature of witness 1) (Printed name of witness 1) Witness 1 (Signature of witness 2) (Printed name of witness 2) Witness 2 State of ..... County of ..... This record was acknowledged before me on ..... (date) by ..... (name(s) of individuals). . . . . (Signature of notary public) (Stamp) . . . . (Title of office) My commission expires: . . . . (Date) WARNING: PROTECTION FOR VULNERABLE ADULTS AS DEFINED UNDER CHAPTER 74.34 RCW. IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT A VULNERABLE ADULT IS BEING ABUSED, ABANDONED, NEGLECTED (INCLUDING SELF-NEGLECT), OR PERSONALLY OR FINANCIALLY EXPLOITED BY THE SUPPORTER, THE PERSON SHALL REPORT THE ALLEGED ABUSE, ABANDONMENT, NEGLECT, SELF-NEGLECT, OR PERSONAL OR FINANCIAL EXPLOITATION TO THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES BY CALLING THE ABUSE HOTLINE AT 1-800-END-HARM. (2) A supported decision-making agreement may be in any form not inconsistent with subsection (1) of this section and the other requirements of this chapter.
RCW 11.125.370 — Washington Code / Title 11 / Chapter 125 / Section 370
RCW 11.125.370: Agent authority—Retirement benefits and deferred compensation.
Status: in_force

(1) In this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including but not limited to a plan or account under the following sections of the internal revenue code: (a) An individual retirement account under internal revenue code section 408, 26 U.S.C. Sec. 408, as amended; (b) A roth individual retirement account under internal revenue code section 408A, 26 U.S.C. Sec. 408A, as amended; (c) A deemed individual retirement account under internal revenue code section 408(q), 26 U.S.C. Sec. 408(q), as amended; (d) An annuity or mutual fund custodial account under internal revenue code section 403(b), 26 U.S.C. Sec. 403(b), as amended; (e) A pension, profit-sharing, stock bonus, or other retirement plan qualified under internal revenue code section 401(a), 26 U.S.C. Sec. 401(a), as amended; (f) A plan under internal revenue code section 457(b), 26 U.S.C. Sec. 457(b), as amended; and (g) A nonqualified deferred compensation plan under internal revenue code section 409A, 26 U.S.C. Sec. 409A, as amended. (2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to: (a) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan; (b) Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another; (c) Establish a retirement plan in the principal's name; (d) Make contributions to a retirement plan; (e) Exercise investment powers available under a retirement plan; and (f) Borrow from, sell assets to, or purchase assets from a retirement plan.
RCW 11.54.060 — Washington Code / Title 11 / Chapter 54 / Section 060
RCW 11.54.060: Certain claims exempted.
Status: in_force

Notwithstanding any other provision of this chapter: (1) None of the decedent's separate property and none of the property of the community composed of the decedent and the decedent's spouse or registered domestic partner is exempt from the duty to pay the costs of administration, funeral expenses, expenses of the last sickness, and wages due for labor performed within 60 days immediately preceding the decedent's death, as those terms are used in RCW 11.76.110 . (2) No provision of this chapter shall abrogate or diminish the rights associated with a valid lien.
RCW 11.107.040 — Washington Code / Title 11 / Chapter 107 / Section 040
RCW 11.107.040: Decanting statute—Procedure to exercise decanting power.
Status: in_force

(1) The trustee of the first trust may exercise the decanting power under RCW 11.107.020 and 11.107.030 if: (a) The trustee determines that the exercise of the decanting power is consistent with the trustee's fiduciary duties described in RCW 11.107.080 (1); (b) In the event that the first trust contains a charitable interest, the trustee gives written notice to the attorney general of the trustee's intention to exercise the decanting power; and (c) The trustee gives written notice of the trustee's intention to exercise the decanting power to each qualified beneficiary, each holder of a presently exercisable power of appointment over any part of the first trust, and each person that currently has the right to remove or replace the trustee not less than sixty days prior to the effective date of the exercise. (2) The trustee of the first trust, qualified beneficiaries, and any other party as defined by RCW 11.96A.030 (5) may agree to exercise by the trustee of the decanting power by means of a binding agreement under RCW 11.96A.220 . (3) The trustee of the first trust, a qualified beneficiary, a holder of a presently exercisable power of appointment over any part of the first trust, and a person that currently has the right to remove or replace the trustee may petition the court under chapter 11.96A RCW regarding exercise of the decanting power for the following relief, to: (a) Provide instructions to the trustee regarding whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the trustee; (b) Approve an exercise of the decanting power; (c) Determine that a proposed or attempted exercise of the decanting power is ineffective because the proposed or attempted exercise does not or did comply with this chapter or the proposed or attempted exercise would be or was an abuse of the trustee's discretion or a breach of fiduciary duty; or (d) Order other relief to carry out the purposes of this chapter. (4) The trustee of the first trust may petition the court under chapter 11.96A RCW regarding exercise of the decanting power for the following relief: (a) An increase of the trustee's compensation under RCW 11.107.070 (2)(a)(ii); or (b) Modification under RCW 11.107.070 (4)(b) of a provision granting a person the right to remove or replace the trustee. (5) If there is at least one qualified beneficiary who is not a minor or who has a representative, the trustee is not required to give notice under subsection (1)(c) of this section to a qualified beneficiary who is a minor and has no representative. If all qualified beneficiaries are minors and none has a representative, the trustee must petition for appointment of a guardian ad litem under RCW 11.98A.160 [ 11.96A.160 ]. (6) The trustee is not required to give notice under this section to a person who is not known to the trustee or is known to the trustee but cannot be located by the trustee after reasonable diligence. (7) A notice under subsection (1) of this section or petition under subsection (3) or (4) of this section must: (a) Specify the manner in which the trustee must exercise the decanting power; (b) Specify the proposed effective date for exercise of the decanting power; (c) Include a copy of all governing instruments of the first trust; and (d) Include a copy of all governing instruments of the second trust. An exercise of the decanting power under this section must be made in a record signed by the trustee; for this purpose, a "record signed by the trustee" must include a court order under subsection (3) of this section. (8) The decanting power may be exercised before expiration of the notice period under subsection (1) of this section if all persons entitled to receive notice waive the period in writing. An exercise of the decanting power is not ineffective because of the failure to give notice to one or more persons under subsection (1) of this section if the trustee acted with reasonable care to comply with this section.
RCW 11.104B.570 — Washington Code / Title 11 / Chapter 104B / Section 570
RCW 11.104B.570: Death or termination of interest—Apportionment when income interest ends.
Status: in_force

(1) In this section, "undistributed income" means net income received on or before the date on which an income interest ends. The term does not include an item of income or expense which is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust. (2) Except as otherwise provided in subsection (3) of this section, when a mandatory income interest of a beneficiary ends, the fiduciary shall pay the beneficiary's share of the undistributed income that is not disposed of under the terms of the trust to the beneficiary or, if the beneficiary does not survive the date the interest ends, to the beneficiary's estate. (3) If a beneficiary has an unqualified power to withdraw more than five percent of the value of a trust immediately before an income interest ends: (a) The fiduciary shall allocate to principal the undistributed income from the portion of the trust which may be withdrawn; and (b) Subsection (2) of this section applies only to the balance of the undistributed income. (4) When a fiduciary's obligation to pay a fixed annuity or a fixed fraction of the value of assets ends, the fiduciary shall prorate the final payment as required to preserve an income tax, gift tax, estate tax, or other tax benefit.
RCW 11.114.070 — Washington Code / Title 11 / Chapter 114 / Section 070
RCW 11.114.070: Transfer by obligor.
Status: in_force

(1) Subject to subsections (2) and (3) of this section, a person not subject to RCW 11.114.050 or 11.114.060 who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to RCW 11.114.090 . (2) If a person having the right to do so under RCW 11.114.030 has nominated a custodian under that section to receive the custodial property, the transfer shall be made to that person. (3) If no custodian has been nominated 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, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds thirty thousand dollars in value. (4) A member of the minor's family or the person who holds the property of the minor or who owes a debt to the minor may request that the court establish a custodianship if not previously established, regardless of the value of the transfer.
RCW 11.12.060 — Washington Code / Title 11 / Chapter 12 / Section 060
RCW 11.12.060: Agreement to convey does not revoke.
Status: in_force

A bond, covenant, or agreement made for a valuable consideration by a testator to convey any property, devised or bequeathed in any last will previously made, shall not be deemed a revocation of such previous devise or bequest, but such property shall pass by the devise or bequest, subject to the same remedies on such bond, covenant, or agreement, for specific performance or otherwise, against devisees or legatees, as might be had by law against the heirs of the testator or his or her next of kin, if the same had descended to him or her.
RCW 11.104B.240 — Washington Code / Title 11 / Chapter 104B / Section 240
RCW 11.104B.240: Receipts not normally apportioned—Rental property.
Status: in_force

To the extent a fiduciary does not account for the management of rental property as a business under RCW 11.104B.220 , the fiduciary shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods: (1) Must be added to principal and held subject to the terms of the lease, except as otherwise provided by law other than this chapter; and (2) Is not allocated to income or available for distribution to a beneficiary until the fiduciary's contractual obligations have been satisfied with respect to that amount.
RCW 11.98.210 — Washington Code / Title 11 / Chapter 98 / Section 210
RCW 11.98.210: Beneficiary trustee—Disregard of provision conferring absolute or similar power—Power of removal.
Status: in_force

If a trustee is a beneficiary of the trust and the trust instrument confers the power to make distributions of principal or income for the trustee's health, education, support, or maintenance as described in section 2041 or 2514 of the Internal Revenue Code and the applicable regulations adopted under that section, then a trust provision purporting to confer "absolute," "sole," "complete," "conclusive," or a similar discretion relating to the exercise of such trustee powers shall be disregarded in the exercise of the power, and the power may then only be exercised reasonably and in accordance with the ascertainable standard as set forth in RCW 11.98.200 and this section. A person who has the right to remove or to replace a trustee does not possess nor may the person be deemed to possess by virtue of having that right the powers of the trustee who is subject to removal or replacement.
RCW 11.11.903 — Washington Code / Title 11 / Chapter 11 / Section 903
RCW 11.11.903: Effective dates—1998 c 292.
Status: in_force

(1) Sections 101 through 116 and 118 of this act take effect July 1, 1999. (2) Sections 117, 201 through 205, 301, 401, 501 through 507, and 604 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [April 2, 1998].
RCW 11.98.008 — Washington Code / Title 11 / Chapter 98 / Section 008
RCW 11.98.008: Trust creation—Methods.
Status: in_force

A trust may be created by: (1) Transfer of property to another person as trustee during the trustor's lifetime or by will or other disposition taking effect upon the trustor's death; (2) Declaration by the owner of property that the owner holds identifiable property as trustee; or (3) Exercise of a power of appointment in favor of a trustee.
RCW 11.125.180 — Washington Code / Title 11 / Chapter 125 / Section 180
RCW 11.125.180: Agent resignation—Procedure.
Status: in_force

Unless the power of attorney has been terminated in accordance with RCW 11.125.080 , or the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated: (1) To the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent, if designated; or (2) If there is no person described in subsection (1) of this section: (a) To any person reasonably believed by the agent to have sufficient interest in the principal's welfare; (b) To a governmental agency having authority to protect the welfare of the principal; or (c) By filing notice with the county recorder's office in the county where the principal resides.
RCW 11.95A.360 — Washington Code / Title 11 / Chapter 95A / Section 360
RCW 11.95A.360: Exercise of power in favor of holder—Income under marital deduction—Spousal power of appointment.
Status: in_force

Notwithstanding any provision of RCW 11.95A.350 through 11.95A.375 seemingly to the contrary, RCW 11.95A.350 through 11.95A.375 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 11.95A.350 through 11.95A.375 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 11.130.400 — Washington Code / Title 11 / Chapter 130 / Section 400
RCW 11.130.400: Attendance and rights at hearing.
Status: in_force

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

(1) Except as otherwise provided in subsection (2) of this section, a hearing under RCW 11.130.370 may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audiovisual technology. (2) A hearing under RCW 11.130.370 may proceed without the respondent in attendance if the court finds by clear and convincing evidence that: (a) The respondent consistently and repeatedly has refused to attend the hearing after having been fully informed of the right to attend and the potential consequences of failing to do so; (b) There is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services or technological assistance; or (c) The respondent is a minor who has received proper notice and attendance would be harmful to the minor. (3) The respondent may be assisted in a hearing under RCW 11.130.370 by a person or persons of the respondent's choosing, assistive technology, or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent's participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it. (4) The respondent has a right to choose an attorney to represent the respondent at a hearing under RCW 11.130.370 . (5) At a hearing under RCW 11.130.370 , the respondent may: (a) Present evidence and subpoena witnesses and documents; (b) Examine witnesses, including any court-appointed evaluator and the visitor; and (c) Otherwise participate in the hearing. (6) Unless excused by the court for good cause, a proposed conservator shall attend a hearing under RCW 11.130.370 . (7) A hearing under RCW 11.130.370 must be closed on request of the respondent and a showing of good cause. (8) Any person may request to participate in a hearing under RCW 11.130.370 . The court may grant the request, with or without a hearing, on determining that the best interest of the respondent will be served. The court may impose appropriate conditions on the person's participation.
RCW 11.130.085 — Washington Code / Title 11 / Chapter 130 / Section 085
RCW 11.130.085: Disclosure of bankruptcy or criminal history.
Status: in_force

(1) Before accepting appointment as a guardian or conservator, a person shall disclose to the court whether the person: (a) Is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding; (b) Has been convicted of: (i) A felony; (ii) A crime involving dishonesty, neglect, violence, or use of physical force; or (iii) Other crimes relevant to the functions the individual would assume as guardian or conservator; or (c) Has any court finding of a breach of fiduciary duty or a violation of any state's consumer protection act, or violation of any other statute proscribing unfair or deceptive acts or practices in the conduct of any business. (2) A guardian or conservator that engages or anticipates engaging an agent the guardian or conservator knows has been convicted of a felony, a crime involving dishonesty, neglect, violence, or use of physical force, or other crimes relevant to the functions the agent is being engaged to perform promptly shall disclose that knowledge to the court. (3) If a conservator engages or anticipates engaging an agent to manage finances of the individual subject to conservatorship and knows the agent is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding, the conservator promptly shall disclose that knowledge to the court. (4) If a guardian or conservator that engages or anticipates engaging an agent and knows the agent has any court finding of a breach of fiduciary duty or a violation of any state's consumer protection act, or violation of any other statute proscribing unfair or deceptive acts or practices in the conduct of any business, the guardian or conservator promptly shall disclose that knowledge to the court. (5) A court may not be able to access certain databases. The parties and not the court are responsible for confirming the accuracy of what is represented.
RCW 11.48.025 — Washington Code / Title 11 / Chapter 48 / Section 025
RCW 11.48.025: Continuation of decedent's business.
Status: in_force

Upon a showing of advantage to the estate the court may authorize a personal representative to continue any business of the decedent, other than the business of a partnership of which the decedent was a member: PROVIDED, That if decedent left a nonintervention will or a will specifically authorizing a personal representative to continue any business of decedent, and his or her estate is solvent, or a will providing that the personal representative liquidate any business of decedent, this section shall not apply. The order shall specify: (1) The extent of the authority of the personal representative to incur liabilities; (2) The period of time during which he or she may operate the business; (3) Any additional provisions or restrictions which the court may, at its discretion, include. Any interested person may for good cause require the personal representative to show cause why the authority granted him or her should not be limited or terminated. The order to show cause shall set forth the manner of service thereof and the time and place of hearing thereon.
RCW 11.05A.060 — Washington Code / Title 11 / Chapter 05A / Section 060
RCW 11.05A.060: Exceptions.
Status: in_force

This chapter does not apply if: (1) The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case; (2) The governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by any specified period or expressly requires the individual to survive the event for a stated period; (3) The imposition of a one hundred twenty-hour requirement of survival would cause a nonvested property interest or a power of appointment to be invalid under RCW 11.98.130 through 11.98.160 ; or (4) The application of this chapter to multiple governing instruments would result in an unintended failure or duplication of a disposition.
RCW 11.42.120 — Washington Code / Title 11 / Chapter 42 / Section 120
RCW 11.42.120: Execution barred upon decedent's death—Presentation—Sale of property.
Status: in_force

If a judgment was entered against the decedent during the decedent's lifetime, an execution may not issue on the judgment after the death of the decedent. If a notice agent is acting, the judgment must be presented in the manner provided in RCW 11.42.070 , but if the judgment is a lien on any property of the decedent, the property may be sold for the satisfaction of the judgment and the officer making the sale shall account to the notice agent for any surplus.
RCW 11.56.115 — Washington Code / Title 11 / Chapter 56 / Section 115
RCW 11.56.115: Effect of confirmation.
Status: in_force

No petition or allegation thereof for the sale of real estate shall be considered jurisdictional, and confirmation by the court of any sale shall be absolutely conclusive as to the regularity of all proceedings leading up to and including such sale, and no instrument of conveyance of real estate made after confirmation of sale by the court shall be open to attack upon any grounds whatsoever except for fraud, and the confirmation by the court of any such sale shall be conclusive proof that all statutory provisions and all orders of the court with reference to such sale have been complied with.
RCW 11.130.245 — Washington Code / Title 11 / Chapter 130 / Section 245
RCW 11.130.245: Prior court order validity.
Status: in_force

(1) This chapter does not affect the validity of any court order issued under chapter 26.10 RCW prior to the repeal of chapter 26.10 RCW. Orders issued under chapter 26.10 RCW prior to the repeal of chapter 26.10 RCW, remain in effect and do not need to be reissued in a new order under this chapter. (2) All orders issued under chapter 26.10 RCW prior to the effective date of chapter 437, Laws of 2019 remain operative after the effective date of chapter 437, Laws of 2019. After the effective date of chapter 437, Laws of 2019, if an order issued under chapter 26.10 RCW is modified, the modification is subject to the requirements of this chapter.
RCW 11.98B.110 — Washington Code / Title 11 / Chapter 98B / Section 110
RCW 11.98B.110: Application to cotrustee.
Status: in_force

The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director's power of direction under RCW 11.98B.080 through 11.98B.100 .
RCW 11.42.050 — Washington Code / Title 11 / Chapter 42 / Section 050
RCW 11.42.050: Claims against decedent—Time limits.
Status: in_force

(1) If a notice agent provides notice under RCW 11.42.020 , any 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 11.42.070 within the following time limitations: (a) If the notice agent provided notice under RCW 11.42.020 (2) (a) and (b) and the creditor was given actual notice as provided in RCW 11.42.020 (2)(c), the creditor must present the claim within the later of: (i) Thirty days after the notice agent'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 notice agent provided notice under RCW 11.42.020 (2) (a) and (b) and the creditor was not given actual notice as provided in RCW 11.42.020 (2)(c): (i) If the creditor was not reasonably ascertainable, as defined in RCW 11.42.040 , the creditor must present the claim within four months after the date of first publication of the notice; (ii) If the creditor was reasonably ascertainable, as defined in RCW 11.42.040 , the creditor must present the claim within twenty-four months after the decedent's date of death. (2) Any 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 11.130.255 — Washington Code / Title 11 / Chapter 130 / Section 255
RCW 11.130.255: Child support.
Status: in_force

In entering or modifying an order under this chapter, the court may order one or more parents of the child to pay an amount reasonable or necessary for the child's support pursuant to chapter 26.19 RCW.
RCW 11.130.905 — Washington Code / Title 11 / Chapter 130 / Section 905
RCW 11.130.905: Relation to electronic signatures in global and national commerce act.
Status: in_force

Chapter 437, Laws of 2019 modifies, limits, or supersedes the 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 64.28.040 — Washington Code / Title 11 / Chapter 28 / Section 040
RCW 64.28.040: Character of joint tenancy interests held by both spouses or both domestic partners.
Status: in_force

(1) Joint tenancy interests held in the names of both spouses or both domestic partners, whether or not in conjunction with others, are presumed to be their community property, the same as other property held in the name of both spouses or both domestic partners. Any such interest passes to the survivor of the spouse or survivor of the domestic partner as provided for property held in joint tenancy, but in all other respects the interest is treated as community property. (2) Either person in a marriage or either person in a state registered domestic partnership, or both, may sever a joint tenancy. When a joint tenancy is severed, the property, or proceeds of the property, shall be presumed to be their community property, whether it is held in the name of either spouse, or both, or in the name of either domestic partner, or both. (3) This section applies as of January 1, 1985, to all existing or subsequently created joint tenancies.If the executor be a minor or absent from the state, letters of administration with the will annexed shall be granted, during the time of such minority or absence, to some other person unless there be another executor who shall accept the trust, in which case the estate shall be administered by such other executor until the disqualification shall be removed, when such minor, having arrived at full age, or such absentee, having returned, shall be admitted as joint executor with the former, provided a nonresident of this state may qualify as provided in RCW 11.36.010 .
RCW 11.100.120 — Washington Code / Title 11 / Chapter 100 / Section 120
RCW 11.100.120: Use of trust funds for life insurance.
Status: in_force

Subject to the standards of RCW 11.100.020 , a fiduciary is authorized to use trust funds to acquire life insurance upon the life of any beneficiary or upon the life of another in whose life such beneficiary has an insurable interest.
RCW 11.130.640 — Washington Code / Title 11 / Chapter 130 / Section 640
RCW 11.130.640: Use of forms.
Status: in_force

Unless otherwise provided in this chapter, use of the forms contained in this article is optional. Failure to use these forms does not prejudice any party.
RCW 11.95A.250 — Washington Code / Title 11 / Chapter 95A / Section 250
RCW 11.95A.250: Appointment to deceased appointee or permissible appointee's descendant.
Status: in_force

(1) Subject to RCW 11.12.110 and 11.12.120 , an appointment to a deceased appointee is ineffective. (2) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.
RCW 11.130.165 — Washington Code / Title 11 / Chapter 130 / Section 165
RCW 11.130.165: Guardianship/conservatorship courthouse facilitator program.
Status: in_force

A county may create a guardianship/conservatorship courthouse facilitator program to provide basic services to pro se litigants in guardianship and conservatorship cases. The legislative authority of any county may impose user fees or may impose a surcharge of up to twenty dollars, or both, on superior court cases filed under this chapter, chapter 11.90 RCW, and chapter 73.36 RCW to pay for the expenses of the guardianship/conservatorship courthouse facilitator program. Fees collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate guardianship/conservatorship courthouse facilitator account to be used as provided in this section.
RCW 11.110.110 — Washington Code / Title 11 / Chapter 110 / Section 110
RCW 11.110.110: Order to appear—Effect—Enforcement—Appellate review.
Status: in_force

When the attorney general requires the attendance of any person, as provided in RCW 11.110.100 , he or she shall issue an order setting forth the time when and the place where attendance is required and shall cause the same to be delivered to or sent by registered mail to the person at least fourteen days before the date fixed for attendance. Such order shall have the same force and effect as a subpoena, and, upon application of the attorney general, obedience to the order may be enforced by any superior court judge in the county where the person receiving it resides or is found, in the same manner as though the notice were a subpoena. The court, after hearing, for good cause, and upon application of any person aggrieved by the order, shall have the right to alter, amend, revise, suspend, or postpone all or any part of its provisions. In any case where the order is not enforced by the court according to its terms, the reasons for the court's actions shall be clearly stated in the record, and shall be subject to review by the supreme court or the court of appeals.
RCW 11.12.255 — Washington Code / Title 11 / Chapter 12 / Section 255
RCW 11.12.255: Incorporation by reference.
Status: in_force

A will may incorporate by reference any writing in existence when the will is executed if the will itself manifests the testator's intent to incorporate the writing and describes the writing sufficiently to permit its identification. In the case of any inconsistency between the writing and the will, the will controls.
RCW 11.99.015 — Washington Code / Title 11 / Chapter 99 / Section 015
RCW 11.99.015: Repeal.
Status: in_force

See 1965 c 145 s 11.99.015 .
RCW 11.108.050 — Washington Code / Title 11 / Chapter 108 / Section 050
RCW 11.108.050: Marital deduction gift in trust.
Status: in_force

If a governing instrument contains a marital deduction gift in trust, then in addition to the other provisions of this chapter, each of the following applies to the trust to the extent necessary to qualify the gift for the marital deduction: (1) If the transferor's spouse is a citizen of the United States at the time of the transfer: (a) The transferor's spouse is entitled to all of the income from the trust, payable annually or at more frequent intervals, during the spouse's life; (b) During the life of the transferor's spouse, a person may not appoint or distribute any part of the trust property to a person other than the transferor's spouse; (c) The transferor's spouse may compel the trustee of the trust to make any unproductive property of the trust productive, or to convert the unproductive property into productive property, within a reasonable time; and (d) The transferor's spouse may, alone and in all events, dispose of all of the trust property, including accrued or undistributed income, remaining after the spouse's death under a testamentary general power of appointment, as defined in section 2041 of the Internal Revenue Code. However, this subsection (1)(d) does not apply to: (i) A marital deduction gift in trust which is described in subsection (2) of this section; (ii) that portion of a marital deduction gift in trust that has qualified for the marital deduction as a result of an election under section 2056(b)(7) or 2523(f) of the Internal Revenue Code; and (iii) that portion of marital deduction gift in trust that would have qualified for the marital deduction but for the fiduciary's decision not to make the election under section 2056(b)(7) or 2523(f) of the Internal Revenue Code; (2) If the transferor's spouse is not a citizen of the United States at the time of the transfer, then to the extent necessary to qualify the gift for the marital deduction, subsection (1)(a), (b), and (c) of this section and each of the following applies to the trust: (a) At least one trustee of the trust must be an individual citizen of the United States or a domestic corporation, and a distribution, other than a distribution of income, may not be made from the trust unless a trustee who is an individual citizen of the United States or a domestic corporation has the right to withhold from the distribution the tax imposed under section 2056A of the Internal Revenue Code on the distribution; (b) The trust must meet such requirements as the secretary of the treasury of the United States by regulations prescribes to ensure collection of estate tax, under section 2056A(b) of the Internal Revenue Code; and (c) Subsection (2)(a) and (b) of this section no longer apply to the trust if the transferor's spouse becomes a citizen of the United States and: (i) The transferor's spouse was a resident of the United States at all times after the transferor's death and before becoming a citizen; (ii) tax has not been imposed on the trust under section 2056A(b)(1)(A) of the Internal Revenue Code before the transferor's spouse becomes a citizen; or (iii) the transferor's spouse makes an election under section 2056A(b)(12)(C) of the Internal Revenue Code regarding tax imposed on distributions from the trust before becoming a citizen; and (3) Subsection (1) of this section does not apply to: (a) A trust: (i) That provides for a life estate or term of years for the exclusive benefit of the transferor's spouse, with the remainder payable to the such spouse's estate; or (ii) created exclusively for the benefit of the estate of the transferor's spouse; and (b) An interest of the transferor's spouse in a charitable remainder annuity trust or charitable remainder unitrust described in section 664 of the Internal Revenue Code, if the transferor's spouse is the only noncharitable beneficiary.
RCW 11.84.060 — Washington Code / Title 11 / Chapter 84 / Section 060
RCW 11.84.060: Reversion and vested remainder.
Status: in_force

Property in which the slayer holds a reversion or vested remainder and would have obtained the right of present possession upon the death of the decedent shall pass to the estate of the decedent during the period of the life expectancy of decedent; if he or she held the particular estate or if the particular estate is held by a third person it shall remain in his or her hands for such period.
RCW 11.08.230 — Washington Code / Title 11 / Chapter 08 / Section 230
RCW 11.08.230: Appearance and claim of heirs—Notices to department of revenue.
Status: in_force

Upon the appearance of heirs and the establishment of their claim to the satisfaction of the court prior to entry of the decree of distribution to the estate, the provisions of RCW 11.08.140 through 11.08.280 shall not further apply, except for purposes of appeal: PROVIDED, That the department of revenue shall be promptly given written notice of such appearance by the claimants and furnished copies of all papers or documents on which such claim of heirship is based. Any documents in a foreign language shall be accompanied by translations made by a properly qualified translator, certified by him or her to be true and correct translations of the original documents. The administrator or his or her attorney shall also furnish the department of revenue with any other available information bearing on the validity of the claim.
RCW 11.76.210 — Washington Code / Title 11 / Chapter 76 / Section 210
RCW 11.76.210: Agent's bond.
Status: in_force

Such agent shall make, subscribe and file an oath for the faithful performance of his or her duties, and shall give a bond to the state, to be approved by the court, conditioned faithfully to manage and account for such estate, before he or she shall be authorized to receive any property of said estate.
RCW 11.64.022 — Washington Code / Title 11 / Chapter 64 / Section 022
RCW 11.64.022: Failure to furnish inventory, list liabilities, permit appraisal, etc.—Show cause—Contempt of court—Receiver.
Status: in_force

If the surviving partner or partners fail or refuse to furnish an inventory or list of liabilities, to permit an appraisal, or to account to the personal representative, or to furnish a bond when required pursuant to RCW 11.64.016 , the court shall order a citation to issue requiring the surviving partner or partners to appear and show cause why they have not furnished an inventory list of liabilities, or permitted an appraisal or why they should not account to the personal representative or file a bond. The citation shall be served not less than ten days before the return day designated therein, or such shorter period as the court upon a showing of good cause deems appropriate. If the surviving partner or partners neglect or refuse to file an inventory or list of liabilities, or to permit an appraisal, or fail to account to the court or to file a bond, after they have been directed to do so, they may be punished for a contempt of court as provided in chapter 7.21 RCW. Where the surviving partner or partners fail to file a bond after being ordered to do so by the court, the court may also appoint a receiver of the partnership estate under chapter 7.60 RCW, and may order the costs and expenses of the proceedings to be paid out of the partnership estate or out of the estate of the decedent, or by the surviving partner or partners personally, or partly by each of the parties.
RCW 11.56.010 — Washington Code / Title 11 / Chapter 56 / Section 010
RCW 11.56.010: Authority to sell, lease or mortgage.
Status: in_force

The court may order real or personal property sold, leased or mortgaged for the purposes hereinafter mentioned but no sale, lease or mortgage of any property of an estate shall be made except under an order of the court, unless otherwise provided by law.
RCW 11.04.085 — Washington Code / Title 11 / Chapter 04 / Section 085
RCW 11.04.085: Inheritance by adopted child.
Status: in_force

A lawfully adopted child shall not be considered an "heir" of his or her natural parents for purposes of this title.
RCW 11.54.055 — Washington Code / Title 11 / Chapter 54 / Section 055
RCW 11.54.055: Factors to be considered by court.
Status: in_force

In exercising the discretion granted to the court under this chapter, the court shall consider without limitation: (1) The exemptions from attachment, execution, or forced sale under Title 6 RCW and other applicable laws; (2) Whether or not any separate property of the decedent's surviving spouse or surviving domestic partner is exempted from attachment, execution, or forced sale under Title 6 RCW or other applicable laws before and after the decedent's death; (3) Whether or not exemptions from attachment, execution, or forced sale have been granted to the decedent or the decedent's surviving spouse or surviving domestic partner in another jurisdiction; (4) How principles of equity and fairness would allocate the statutory exemptions from attachment, execution, and forced sale under Title 6 RCW and other applicable laws among the decedent's surviving spouse or surviving domestic partner and the decedent's surviving dependent children; (5) How the laws of intestacy, if the decedent died intestate and without nonprobate assets, or the decedent's dispositive intent, if the decedent died testate or with nonprobate assets, would direct the decedent's property; (6) The extent to which the claimant has other property that will satisfy the claimant's reasonable needs; and (7) If the claimant is a child of the decedent, the child's ability or inability to meet the child's basic needs.
RCW 11.76.247 — Washington Code / Title 11 / Chapter 76 / Section 247
RCW 11.76.247: When court retains jurisdiction after entry of decree of distribution.
Status: in_force

After the entry of the decree of distribution in the probate proceedings the court shall retain jurisdiction for the purpose of carrying out the provisions of RCW 11.76.200 , 11.76.210 , 11.76.220 , 11.76.230 , 11.76.240 , 11.76.243 and 11.76.245 .
RCW 11.12.040 — Washington Code / Title 11 / Chapter 12 / Section 040
RCW 11.12.040: Revocation of will—How effected—Effect on codicils.
Status: in_force

(1) A will, or any part thereof, can be revoked: (a) By a subsequent will that revokes, or partially revokes, the prior will expressly or by inconsistency; or (b) By being burnt, torn, canceled, obliterated, destroyed, or a physical act, with the intent and for the purpose of revoking the same, by the testator or by another person in the presence and by the direction of the testator. If such act is done by any person other than the testator, the direction of the testator and the facts of such injury or destruction must be proved by two witnesses. (2) Revocation of a will in its entirety revokes its codicils, unless revocation of a codicil would be contrary to the testator's intent.
RCW 11.130.155 — Washington Code / Title 11 / Chapter 130 / Section 155
RCW 11.130.155: Registry for guardians ad litem and visitors.
Status: in_force

(1) The superior court of each county shall develop and maintain a registry of persons who are willing and qualified to serve as guardians ad litem and visitors in guardianship and conservatorship matters. The court shall choose as guardian ad litem or visitor a person whose name appears on the registry in a system of consistent rotation, except in extraordinary circumstances such as the need for particular expertise. The court shall develop procedures for periodic review of the persons on the registry and for probation, suspension, or removal of persons on the registry for failure to perform properly their duties as guardian ad litem or visitor. In the event the court does not select the person next on the list, it shall include in the order of appointment a written reason for its decision. (2) To be eligible for the registry a person shall: (a) Present a written statement outlining his or her background and qualifications. The background statement shall include, but is not limited to, the following information: (i) Level of formal education; (ii) Training related to the duties of a guardian ad litem or visitor; (iii) Number of years' experience as a guardian ad litem or visitor; (iv) Number of appointments as a guardian ad litem or visitor and the county or counties of appointment; (v) Criminal history, as defined in RCW 9.94A.030 ; and (vi) Evidence of the person's knowledge, training, and experience in each of the following: Needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities, and other areas relevant to the needs of persons subject to guardianship or conservatorship, legal procedure, and the requirements of this chapter. The written statement of qualifications shall include the names of any counties in which the person was removed from a guardian ad litem or visitor registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and (b) Complete the training as described in subsection (5) of this section. The training is not applicable to guardians ad litem appointed pursuant to special proceeding rule 98.16W. (3) The superior court shall remove any person from the guardian ad litem or visitor registry who misrepresents his or her qualifications pursuant to a grievance procedure established by the court. (4) The background and qualification information shall be updated annually. (5) The department of social and health services shall convene an advisory group to develop a model lay guardian, guardian ad litem, and visitor training program and shall update the program biennially. The advisory group shall consist of representatives from consumer, advocacy, and professional groups knowledgeable in developmental disabilities, neurological impairment, physical disabilities, mental illness, domestic violence, aging, legal, court administration, the Washington state bar association, and other interested parties. (6) The superior court shall require utilization of the model program developed by the advisory group as described in subsection (5) of this section to assure that candidates applying for registration as a qualified guardian ad litem or visitor shall have satisfactorily completed training to attain these essential minimum qualifications to act as guardian ad litem or visitor.
RCW 11.95A.120 — Washington Code / Title 11 / Chapter 95A / Section 120
RCW 11.95A.120: Presumption of unlimited authority.
Status: in_force

Subject to RCW 11.95A.140 and 11.95A.350 through 11.95A.375 , and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is: (1) Presently exercisable; (2) Exclusionary; and (3) Except as otherwise provided in RCW 11.95A.130 , general.
RCW 11.66.010 — Washington Code / Title 11 / Chapter 66 / Section 010
RCW 11.66.010: Social security benefits—Payment to survivors or department of social and health services—Effect.
Status: in_force

(1) If not less than thirty days after the death of an individual entitled at the time of death to a monthly benefit or benefits under Title II of the social security act, all or part of the amount of such benefit or benefits, not in excess of one thousand dollars, is paid by the United States to (a) the surviving spouse, (b) one or more of the deceased's children, or descendants of his or her deceased children, (c) the secretary of social and health services if the decedent was a resident of a state institution at the date of death and liable for the cost of his or her care in an amount at least as large as the amount of such benefits, (d) the deceased's father or mother, or (e) the deceased's brother or sister, preference being given in the order named if more than one request for payment shall have been made by or for such individuals, such payment shall be deemed to be a payment to the legal representative of the decedent and shall constitute a full discharge and release from any further claim for such payment to the same extent as if such payment had been made to an executor or administrator of the decedent's estate. (2) The provisions of subsection (1) of this section shall apply only if an affidavit has been made and filed with the United States department of health, education, and welfare by the surviving spouse or other relative by whom or on whose behalf request for payment is made and such affidavit shows (a) the date of death of the deceased, (b) the relationship of the affiant to the deceased, (c) that no executor or administrator for the deceased has qualified or been appointed, nor to the affiant's knowledge is administration of the deceased's estate contemplated, and (d) that, to the affiant's knowledge, there exists at the time of the filing of such affidavit, no relative of a closer degree of kindred to the deceased than the affiant: PROVIDED, That the affidavit filed by the secretary of social and health services shall meet the requirements of (a) and (c) of this subsection and, in addition, show that the decedent left no known surviving spouse or children and died while a resident of a state institution at the date of death and liable for the cost of his or her care in an amount at least as large as the amount of such benefits.
RCW 11.42.100 — Washington Code / Title 11 / Chapter 42 / Section 100
RCW 11.42.100: Rejection of claim—Time limits—Notice—Time limit for suit—Compromise of claim.
Status: in_force

(1) If the notice agent rejects a claim, in whole or in part, the claimant must bring suit against the notice agent within thirty days after notification of rejection or the claim is forever barred. The notice agent shall notify the claimant of the rejection and file an affidavit with the court showing the notification and the date of the notification. The notice agent shall notify the claimant of the rejection by personal service or certified mail addressed to the claimant or claimant's agent, if applicable, at the address stated in the claim. The date of service or of the postmark is the date of notification. The notification must advise the claimant that the claimant must bring suit in the proper court against the notice agent within thirty days after notification of rejection or the claim will be forever barred. (2) If a claimant brings suit against the notice agent on a rejected claim and the notice agent has not received substantially all assets of the decedent that are liable for claims, the notice agent may only make an appearance in the action and may not answer the action but must cause a petition to be filed for the appointment of a personal representative within thirty days after service of the creditor's action on the notice agent. Under these circumstances, a judgment may not be entered in an action brought by a creditor against the notice agent earlier than twenty days after the personal representative has been substituted in that action for the notice agent. (3) The notice agent may, before or after rejection of any claim, compromise the claim, whether due or not, absolute or contingent, liquidated, or unliquidated.
RCW 11.96A.280 — Washington Code / Title 11 / Chapter 96A / Section 280
RCW 11.96A.280: Scope.
Status: in_force

A party may cause the matter to be presented for mediation and then arbitration, as provided under RCW 11.96A.260 through 11.96A.320 . If a party causes the matter to be presented for resolution under RCW 11.96A.260 through 11.96A.320 , then judicial resolution of the matter, as provided in RCW 11.96A.060 or by any other civil action, is available only by complying with the mediation and arbitration provisions of RCW 11.96A.260 through 11.96A.320 .
RCW 11.02.901 — Washington Code / Title 11 / Chapter 02 / Section 901
RCW 11.02.901: Application—1985 c 30—Application of 1984 c 149 as amended and reenacted in 1985.
Status: in_force

(1) Nothing in chapter 8, 9, 10, 11, 23, 30, or 31, Laws of 1985 shall invalidate or nullify: (a) Any instrument or property relationship that is executed and irrevocable as of the April 10, 1985; or (b) Any action undertaken in a proceeding where the action was commenced before April 10, 1985, as long as the instrument, property relationship, or action complies with chapter 149, Laws of 1984. (2) Except as specifically provided otherwise in chapter 149, Laws of 1984 as amended and reenacted in 1985, chapter 149, Laws of 1984 as amended and reenacted in 1985 shall apply to all instruments, property relationships, and proceedings existing on January 1, 1985.
RCW 11.76.030 — Washington Code / Title 11 / Chapter 76 / Section 030
RCW 11.76.030: Final report and petition for distribution—Contents.
Status: in_force

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

When the estate shall be ready to be closed, such personal representative shall make, verify, and file with the court his or her final report and petition for distribution. Such final report and petition shall, among other things, show that the estate is ready to be settled and shall show any moneys collected since the previous report, and any property which may have come into the hands of the personal representative since his or her previous report, and debts paid, and generally the condition of the estate at that time. It shall likewise set out the names and addresses, as nearly as may be, of all the legatees and devisees in the event there shall have been a will, and the names and addresses, as nearly as may be, of all the heirs who may be entitled to share in such estate, and shall give a particular description of all the property of the estate remaining undisposed of, and shall set out such other matters as may tend to inform the court of the condition of the estate, and it may ask the court for a settlement of the estate and distribution of property and the discharge of the personal representative. If the personal representative has been discharged without having legally closed the estate, without having legally obtained an adjudication as to the heirs, or without having legally procured a decree of distribution or final settlement the court may in its discretion upon petition of any person interested, cause all such steps to be taken in such estate as were omitted or defective.
RCW 11.130.037 — Washington Code / Title 11 / Chapter 130 / Section 037
RCW 11.130.037: Presumption of legal capacity.
Status: in_force

For the purposes of this chapter, an adult is presumed to have legal capacity.
RCW 11.48.180 — Washington Code / Title 11 / Chapter 48 / Section 180
RCW 11.48.180: Liability of executor de son tort.
Status: in_force

No person is liable to an action as executor of his or her own wrong for having taken, received, or interfered with the property of a deceased person, but is responsible to the personal representatives of such deceased person for the value of all property so taken or received, and for all injury caused by his or her interference with the estate of the deceased.
RCW 11.12.080 — Washington Code / Title 11 / Chapter 12 / Section 080
RCW 11.12.080: Revocation of later will or codicil—Effect—Evidence.
Status: in_force

(1) If, after making any will, the testator shall execute a later will that wholly revokes the former will, the destruction, cancellation, or revocation of the later will shall not revive the former will, unless it was the testator's intention to revive it. (2) Revocation of a codicil shall revive a prior will or part of a prior will that the codicil would have revoked had it remained in effect at the death of the testator, unless it was the testator's intention not to revive the prior will or part. (3) Evidence that revival was or was not intended includes, in addition to a writing by which the later will or codicil is revoked, the circumstances of the revocation or contemporary or subsequent declarations of the testator.
RCW 11.125.902 — Washington Code / Title 11 / Chapter 125 / Section 902
RCW 11.125.902: Application—Dates—2016 c 209.
Status: in_force

Except as otherwise provided in chapter 209, Laws of 2016, on January 1, 2017: (1) Chapter 209, Laws of 2016 applies to a power of attorney created before, on, or after January 1, 2017; (2) Chapter 209, Laws of 2016 applies to a judicial proceeding concerning a power of attorney commenced on or after January 1, 2017; (3) Chapter 209, Laws of 2016 applies to a judicial proceeding concerning a power of attorney commenced before January 1, 2017, unless the court finds that application of a provision of chapter 209, Laws of 2016 would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and (4) An act done before January 1, 2017, is not affected by chapter 209, Laws of 2016.
RCW 11.42.080 — Washington Code / Title 11 / Chapter 42 / Section 080
RCW 11.42.080: Claims—Duty to allow or reject—Notice of petition to allow—Attorneys' fees.
Status: in_force

(1) The notice agent shall allow or reject all claims presented in the manner provided in RCW 11.42.070 . The notice agent may allow or reject a claim, in whole or in part. (2) If the notice agent has not allowed or rejected a claim within the later of four months from the date of first publication of the notice to creditors and thirty days from presentation of the claim, the claimant may serve written notice on the notice agent that the claimant will petition the court to have the claim allowed. If the notice agent fails to notify the claimant of the allowance or rejection of the claim within twenty days after the notice agent'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 decedent's assets received by the notice agent or by those appointing the notice agent.
RCW 11.107.030 — Washington Code / Title 11 / Chapter 107 / Section 030
RCW 11.107.030: Decanting power under limited discretion.
Status: in_force

Subject to RCW 11.107.070 , a trustee that has limited discretion to distribute the principal of a first trust to one or more current beneficiaries may exercise the decanting power over the principal of the first trust, subject to the following: (1) Second trusts under this section, in the aggregate, must grant each beneficiary of the first trust beneficial interests in the second trusts which are substantially similar to the beneficial interests of the beneficiary in the first trust; (2) A power to make a distribution under the second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if: (a) The distribution is made for the benefit of the beneficiary; (b) The beneficiary is incapacitated or otherwise under a legal disability or the trustee reasonably believes the beneficiary is incapacitated or under a legal disability, and the distribution is made as permitted by the first trust instrument or otherwise as permitted by law; or (c) The distribution is made as permitted under the terms of the first trust instrument and the second trust instrument for the benefit of the beneficiary; (3) In an exercise of the decanting power under this section, a second trust may be a trust created or administered under the law of any jurisdiction; and (4) If a trustee has limited discretion to distribute part but not all of the principal of a first trust, the trustee may exercise the decanting power under this section only over that part of the principal.
RCW 11.104B.902 — Washington Code / Title 11 / Chapter 104B / Section 902
RCW 11.104B.902: Application.
Status: in_force

This chapter applies to a trust or estate existing or created on or after January 1, 2022, except as otherwise expressly provided in the terms of the trust or RCW 11.104B.001 through 11.104B.901 .
RCW 11.130.532 — Washington Code / Title 11 / Chapter 130 / Section 532
RCW 11.130.532: Concealed or embezzled property—Proceedings for discovery.
Status: in_force

The court shall have authority to bring before it, in the manner prescribed by RCW 11.48.070 , any person or persons suspected of having in their possession or having concealed, embezzled, conveyed, or disposed of any of the property of the estate of the individual subject to conservatorship subject to administration of this title.
RCW 11.96A.060 — Washington Code / Title 11 / Chapter 96A / Section 060
RCW 11.96A.060: Exercise of powers—Orders, writs, process, etc.
Status: in_force

The court may make, issue, and cause to be filed or served, any and all manner and kinds of orders, judgments, citations, notices, summons, and other writs and processes that might be considered proper or necessary in the exercise of the jurisdiction or powers given or intended to be given by this title.
RCW 11.68.112 — Washington Code / Title 11 / Chapter 68 / Section 112
RCW 11.68.112: Final distribution upon declaration and notice of filing of declaration of completion of probate—Special powers of personal representative—Discharge from liability.
Status: in_force

If the declaration of completion of probate and the notice of filing of declaration of completion of probate state that the personal representative intends to make final distribution within five business days after the final date on which a party as defined in RCW 11.96A.030 entitled to notice under RCW 11.68.110 could file a petition under RCW 11.68.110 (3), which date is referred to in this section as the "effective date of the declaration of completion," if the notice of filing of declaration of completion of probate sent to each party as defined in RCW 11.96A.030 entitled to notice under RCW 11.68.110 specifies the amount of the minimum distribution to be made to that party, and if no party as defined in RCW 11.96A.030 entitled to notice under RCW 11.68.110 petitions the court under RCW 11.68.110 (3) within 30 days from the date of filing a declaration of completion of probate, the personal representative retains, for five business days following the effective date of the declaration of completion, the power to make the stated minimum distributions. In this case, the personal representative is discharged from all liability other than any liability relating to the actual distribution of the reserve, at the effective date of the declaration of completion. The personal representative is only discharged from liability for the distribution of the reserve when the whole reserve has been distributed and each beneficiary has received at least the distribution which that beneficiary's notice stated that the beneficiary would receive.
RCW 11.56.080 — Washington Code / Title 11 / Chapter 56 / Section 080
RCW 11.56.080: Private sales of realty—Notice—Bids.
Status: in_force

When a sale of real property is ordered to be made at private sale, notice of the same must be published in a legal newspaper of the county in which the estate is being administered, once a week for at least two successive weeks before the day on or after which the sale is to be made, in which the lands and tenements to be sold must be described with common certainty: PROVIDED, That where real property is located in a county other than the county in which the estate is being administered, publication shall also be made in a legal newspaper of that county. The notice must state the day on or after which the sale will be made and the place where offers or bids will be received. The day last referred to must be at least fifteen days from the first publication of notice and the sale must not be made before that day, but if made, must be made within twelve months thereafter. The bids or offers must be in writing, and may be left at the place designated in the notice or delivered to the personal representative personally, or may be filed in the office of the clerk of the court to which the return of sale must be made, at any time after the first publication of the notice and before the making of the sale. If it be shown that it will be for the best interest of the estate the court or judge may, by an order, shorten the time of notice, which shall not, however, be less than one week, and may provide that the sale may be made on or after a day less than fifteen, but not less than eight days from the first publication of the notice of sale, and the sale may be made to correspond with such order.
RCW 11.130.425 — Washington Code / Title 11 / Chapter 130 / Section 425
RCW 11.130.425: Notice of order of appointment—Rights.
Status: in_force

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

(1) Not later than thirty days after appointment of a conservator under RCW 11.130.420 , the conservator shall give to the individual subject to conservatorship and any other person entitled to notice under RCW 11.130.420 (6) and (7) a copy of the order of appointment and a statement of the rights of the individual subject to conservatorship and procedures to seek relief if the individual is denied those rights. The statement must be in plain language, in at least sixteen-point font, and to the extent feasible, in a language in which the individual subject to conservatorship is proficient. The statement must notify the individual subject to conservatorship of the right to: (a) Seek termination or modification of the conservatorship, or removal of the conservator, and choose an attorney to represent the individual in these matters; (b) Participate in decision making to the extent reasonably feasible; (c) Receive a copy of the conservator's plan under RCW 11.130.510 , the conservator's inventory under RCW 11.130.515 , and the conservator's report under RCW 11.130.530 ; and (d) Object to the conservator's inventory, plan, or report. (2) If a conservator is appointed for the reasons stated in RCW 11.130.360 (2)(a)(ii) and the individual subject to conservatorship is missing, notice under this section to the individual is not required.
RCW 11.28.100 — Washington Code / Title 11 / Chapter 28 / Section 100
RCW 11.28.100: Form of letters with will annexed.
Status: in_force

Letters of administration with the will annexed shall be in substantially the same form as provided for letters testamentary.
RCW 11.28.120 — Washington Code / Title 11 / Chapter 28 / Section 120
RCW 11.28.120: Persons entitled to letters.
Status: in_force

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

Administration of an estate if the decedent died intestate or if the personal representative or representatives named in the will declined or were unable to serve shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order: (1) The surviving spouse or state registered domestic partner, or such person as he or she may request to have appointed. (2) The next of kin in the following order: (a) Child or children; (b) father or mother; (c) brothers or sisters; (d) grandchildren; (e) nephews or nieces. (3) The trustee named by the decedent in an inter vivos trust instrument, testamentary trustee named in the will, guardian of the decedent, conservator of the decedent, or an agent named in a durable power of attorney appointed by the decedent, if any such a fiduciary controlled or potentially controlled substantially all of the decedent's probate and nonprobate assets. (4) One or more of the beneficiaries or transferees of the decedent's probate or nonprobate assets. (5)(a) The director of revenue, or the director's designee, for those estates having property subject to the provisions of chapter 11.08 RCW; however, the director may waive this right. (b) The secretary of the department of social and health services for those estates owing debts for long-term care services as defined in *RCW 74.39A.008 ; however the secretary may waive this right. (6) One or more of the principal creditors. (7) If the persons so entitled shall fail for more than forty days after the death of the decedent to present a petition for letters of administration, or if it appears to the satisfaction of the court that there is no next of kin, as above specified eligible to appointment, or they waive their right, and there are no principal creditor or creditors, or such creditor or creditors waive their right, then the court may appoint a contract service provider with the office of public guardianship and conservatorship under chapter 2.72 RCW or any suitable person to administer such estate.
RCW 11.95A.200 — Washington Code / Title 11 / Chapter 95A / Section 200
RCW 11.95A.200: Requisites for exercise of power of appointment.
Status: in_force

A power of appointment is exercised only: (1) If the instrument exercising the power is valid under applicable law; (2) If the terms of the instrument exercising the power: (a) Manifest the powerholder's intent to exercise the power; and (b) Subject to RCW 11.95A.230 , satisfy the requirements of exercise, if any, imposed by the donor; and (3) To the extent the appointment is a permissible exercise of the power.
RCW 11.110.070 — Washington Code / Title 11 / Chapter 110 / Section 070
RCW 11.110.070: Tax or information return or report—Filing—Rules—Forms.
Status: in_force

Every trustee required to register under RCW 11.110.051 shall file with the secretary of state a copy of each publicly available United States tax or information return or report of the trust at the time that the trustee files with the internal revenue service. The secretary may provide by rule for the exemption from reporting under this section by some or all trusts not required to file a federal tax or information return, and for a substitute form containing similar information to be used by any trusts not so exempted.
RCW 11.125.220 — Washington Code / Title 11 / Chapter 125 / Section 220
RCW 11.125.220: Conflicting laws.
Status: in_force

This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.
RCW 68.32.010 — Washington Code / Title 11 / Chapter 32 / Section 010
RCW 68.32.010: Presumption as to title.
Status: in_force

All plots or rights of interment conveyed to individuals are presumed to be the sole and separate property rights of the owner named in the instrument of conveyance.When, by reason of an action concerning the proof of a will, or from any other cause, there shall be a delay in granting letters testamentary or of administration, the judge may, in his or her discretion, appoint a special administrator (other than one of the parties) to collect and preserve the effects of the deceased; and in case of an appeal from the decree appointing such special administrator, he or she shall, nevertheless, proceed in the execution of his or her trust until he or she shall be otherwise ordered by the appellate court.
RCW 11.114.190 — Washington Code / Title 11 / Chapter 114 / Section 190
RCW 11.114.190: Accounting by and determination of liability of custodian.
Status: in_force

(1) A minor who has attained the age of eighteen years, the minor's legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court (a) for an accounting by the custodian or the custodian's legal representative; or (b) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under RCW 11.114.170 to which the minor or the minor's legal representative was a party. (2) A successor custodian may petition the court for an accounting by the predecessor custodian. (3) The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account. (4) If a custodian is removed under RCW 11.114.180 (6), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
RCW 11.140.900 — Washington Code / Title 11 / Chapter 140 / Section 900
RCW 11.140.900: Applicable law.
Status: in_force

(1) This chapter applies to a transfer or declaration creating a custodial trust that refers to this chapter if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in this state or custodial trust property is located in this state. The custodial trust remains subject to this chapter despite a later change in residence or principal place of business of the transferor, beneficiary, or custodial trustee, or removal of the custodial trust property from this state. (2) A transfer made pursuant to an act of another state substantially similar to this chapter is governed by the law of that state and may be enforced in this state.
RCW 11.84.150 — Washington Code / Title 11 / Chapter 84 / Section 150
RCW 11.84.150: Abuser determination—Conviction—Clear, cogent, and convincing evidence.
Status: in_force

(1) A final judgment of conviction for conduct constituting financial exploitation against the decedent, including but not limited to theft, forgery, fraud, identity theft, robbery, burglary, or extortion, is conclusive for purposes of determining whether a person is an abuser under this section. (2) In the absence of a criminal conviction, a superior court finding by clear, cogent, and convincing evidence that a person participated in conduct constituting financial exploitation against the decedent is conclusive for purposes of determining whether a person is an abuser under this section.
RCW 11.24.010 — Washington Code / Title 11 / Chapter 24 / Section 010
RCW 11.24.010: Contest of probate or rejection—Limitation of action—Issues.
Status: in_force

If any person interested in any will shall appear within four months immediately following the probate or rejection thereof, and by petition to the court having jurisdiction contest the validity of said will, or appear to have the will proven which has been rejected, he or she shall file a petition containing his or her objections and exceptions to said will, or to the rejection thereof. Issues respecting the competency of the deceased to make a last will and testament, or respecting the execution by a deceased of the last will and testament under restraint or undue influence or fraudulent representations, or for any other cause affecting the validity of the will or a part of it, shall be tried and determined by the court. For the purpose of tolling the four-month limitations period, a contest is deemed commenced when a petition is filed with the court and not when served upon the personal representative. The petitioner shall personally serve the personal representative within ninety days after the date of filing the petition. If, following filing, service is not so made, the action is deemed to not have been commenced for purposes of tolling the statute of limitations. If no person files and serves a petition within the time under this section, the probate or rejection of such will shall be binding and final.
RCW 11.68.050 — Washington Code / Title 11 / Chapter 68 / Section 050
RCW 11.68.050: Objections to granting of nonintervention powers—Restrictions.
Status: in_force

(1) If at the time set for the hearing upon a petition for nonintervention powers, any person entitled to notice of the hearing on the petition under RCW 11.68.041 shall appear and object to the granting of nonintervention powers to the personal representative of the estate, the court shall consider the objections, if any, in connection with its determination under RCW 11.68.011 (2)(c) of whether a grant of nonintervention powers would be in the best interests of the decedent's beneficiaries. (2) The nonintervention powers of a personal representative may not be restricted at a hearing on a petition for nonintervention powers in which the court is required to grant nonintervention powers under RCW 11.68.011 (2) (a) and (b), unless a will specifies that the nonintervention powers of a personal representative may be restricted when the powers are initially granted.
RCW 11.120.100 — Washington Code / Title 11 / Chapter 120 / Section 100
RCW 11.120.100: Disclosure of other digital assets of principal.
Status: in_force

Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications of the principal, if the agent gives the custodian: (1) A written request for disclosure in physical or electronic form; (2) An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal; (3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and (4) If requested by the custodian: (a) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (b) Evidence linking the account to the principal.
RCW 11.86.041 — Washington Code / Title 11 / Chapter 86 / Section 041
RCW 11.86.041: Disposition of disclaimed interest.
Status: in_force

(1) Unless the instrument creating an interest directs to the contrary, the interest disclaimed shall pass as if the beneficiary had died immediately prior to the date of the transfer of the interest. The disclaimer shall relate back to this date for all purposes. (2) Unless the beneficiary provides otherwise in the disclaimer, in addition to the interests disclaimed, the beneficiary shall also be deemed to have disclaimed the minimum of all interests in the disclaimed property necessary to make the disclaimer a qualified disclaimer for purposes of section 2518 of the Internal Revenue Code. (3) Any future interest taking effect in possession or enjoyment after termination of the interest disclaimed takes effect as if the beneficiary had died prior to the date of the beneficiary's final ascertainment as a beneficiary and the indefeasible vesting of the interest. (4) The disclaimer is binding upon the beneficiary and all persons claiming through or under the beneficiary. (5) Unless the instrument creating the interest directs to the contrary, a beneficiary whose interest in a devise or bequest under a will has been disclaimed shall be deemed to have died for purposes of RCW 11.12.110 . (6) In the case of a disclaimer of property over which the disclaimant has any power to direct the beneficial enjoyment of the disclaimed property, the disclaimant shall also be deemed to have disclaimed any power to direct the beneficial enjoyment of the disclaimed property, unless the power is limited by an ascertainable standard relating to the health, education, support, or maintenance of any person as described in section 2041 or 2514 of the Internal Revenue Code and applicable regulations adopted under those sections. This subsection applies unless the disclaimer specifically provides otherwise. This subsection shall not be deemed to otherwise prevent such a disclaimant from acting as trustee or personal representative over disclaimed property.
RCW 11.120.140 — Washington Code / Title 11 / Chapter 120 / Section 140
RCW 11.120.140: Disclosure of digital assets to guardian or conservator of incapacitated person.
Status: in_force

(1) Unless otherwise ordered by the court, a guardian or conservator appointed under chapter 11.130 RCW has the right to access an incapacitated person's digital assets other than the content of electronic communications. (2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by an incapacitated person and any digital assets, other than the content of electronic communications, if the guardian gives the custodian: (a) A written request for disclosure in physical or electronic form; (b) Certified copies of letters of guardianship and the court order appointing the guardian; and (c) If requested by the custodian: (i) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the person; or (ii) Evidence linking the account to the incapacitated person. (3) A guardian may request a custodian of the incapacitated person's digital assets to suspend or terminate an account of the incapacitated person for good cause. A request made under this section must be accompanied by certified copies of letters of guardianship and the court order appointing the guardian.
RCW 11.36.021 — Washington Code / Title 11 / Chapter 36 / Section 021
RCW 11.36.021: Trustees—Who may serve.
Status: in_force

(1) The following may serve as trustees: (a) Any suitable persons over the age of eighteen years, if not otherwise disqualified; (b) Any trust company regularly organized under the laws of this state and national banks when authorized to do so; (c) Any nonprofit corporation, if the articles of incorporation or bylaws of that corporation permit the action and if the corporation is in compliance with all applicable provisions of Title 24 RCW; (d) Any 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; (e) Any state or regional college or university, as those institutions are defined in RCW 28B.10.016 ; (f) Any community or technical college, as those institutions are defined in RCW 28B.50.030 ; and (g) Any other entity so authorized under the laws of the state of Washington. (2) The following are disqualified to serve as trustees: (a) Minors, persons of unsound mind, or persons who have been convicted of (i) any felony or (ii) any crime involving moral turpitude; and (b) A corporation organized under Title 23B RCW that is not authorized under the laws of the state of Washington to act as a fiduciary.
RCW 11.98.013 — Washington Code / Title 11 / Chapter 98 / Section 013
RCW 11.98.013: Trust creation—Allowable purposes.
Status: in_force

A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve.
RCW 11.98B.140 — Washington Code / Title 11 / Chapter 98B / Section 140
RCW 11.98B.140: Trust director—Personal jurisdiction.
Status: in_force

(1) By accepting appointment as a trust director of a trust subject to this chapter, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director. (2) This section does not preclude other methods of obtaining jurisdiction over a trust director.
RCW 11.84.020 — Washington Code / Title 11 / Chapter 84 / Section 020
RCW 11.84.020: Slayer or abuser not to benefit from death.
Status: in_force

No slayer or abuser shall in any way acquire any property or receive any benefit as the result of the death of the decedent, but such property shall pass as provided in the sections following.
RCW 11.96A.290 — Washington Code / Title 11 / Chapter 96A / Section 290
RCW 11.96A.290: Superior court—Venue.
Status: in_force

As used in RCW 11.96A.260 through 11.96A.320 , "superior court" means: (1) Before the commencement of any legal proceedings, the appropriate superior court with respect to the matter as provided in RCW 11.96A.040 ; and (2) if legal proceedings have been commenced with respect to the matter, the superior court in which the proceedings are pending.
RCW 11.60.040 — Washington Code / Title 11 / Chapter 60 / Section 040
RCW 11.60.040: Conveyance of real property—Effect.
Status: in_force

In the case of real property, a conveyance executed under the provisions of this title shall so refer to the order authorizing the conveyance that the same may be readily found, but need not recite the record in the case generally, and the conveyance made in pursuance of such order shall pass to the grantee all the estate, right, title, and interest contracted to be conveyed by the deceased, as fully as if the contracting party himself or herself were still living and executed the conveyance in pursuance of such contract.(1) A person is guilty of criminal impersonation in the first degree if the person: (a) Assumes a false identity and does an act in his or her assumed character with intent to defraud another or for any other unlawful purpose; or (b) Pretends to be a representative of some person or organization or a public servant and does an act in his or her pretended capacity with intent to defraud another or for any other unlawful purpose. (2) Criminal impersonation in the first degree is a class C felony.
RCW 11.110.040 — Washington Code / Title 11 / Chapter 110 / Section 040
RCW 11.110.040: Information, documents, and reports are public records—Inspection—Publication.
Status: in_force

All information, documents, and reports filed with the secretary of state under this chapter are matters of public record and shall be open to public inspection, subject to reasonable regulation: PROVIDED, That the secretary of state shall withhold from public inspection any trust instrument so filed whose content is not exclusively for charitable purposes. The secretary of state may publish, on a periodic or other basis, such information as may be necessary or appropriate in the public interest concerning the registration, reports, and information filed with the secretary of state or any other matters relevant to the administration and enforcement of this chapter.
RCW 11.95A.300 — Washington Code / Title 11 / Chapter 95A / Section 300
RCW 11.95A.300: Disposition of unappointed property—Released or unexercised nongeneral power.
Status: in_force

To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment: (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, the unappointed property: (a) Passes to the permissible appointees if: (i) The permissible appointees are defined and limited; and (ii) The terms of the instrument creating the power do not manifest a contrary intent; 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 11.40.900 — Washington Code / Title 11 / Chapter 40 / Section 900
RCW 11.40.900: 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 11.98B.901 — Washington Code / Title 11 / Chapter 98B / Section 901
RCW 11.98B.901: Relation to electronic signatures in global and national commerce act.
Status: in_force

This chapter modifies, limits, or supersedes the 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 11.98.039 — Washington Code / Title 11 / Chapter 98 / Section 039
RCW 11.98.039: Nonjudicial change of trustee—Judicial appointment or change of trustee—Liability and duties of successor fiduciary.
Status: in_force

(1) Where a vacancy occurs in the office of the trustee and there is a successor trustee who is willing to serve as trustee and (a) is named in the governing instrument as successor trustee or (b) has been selected to serve as successor trustee under the procedure established in the governing instrument for the selection of a successor trustee, the outgoing trustee, or any other interested party, must give notice of such vacancy, whether arising because of the trustee's resignation or because of any other reason, and of the successor trustee's agreement to serve as trustee, to each permissible distributee. The successor trustee named in the governing instrument or selected pursuant to the procedure therefor established in the governing instrument is entitled to act as trustee except for good cause or disqualification. The successor trustee is deemed to have accepted the trusteeship as of the effective date of the discharge of the predecessor trustee as provided in RCW 11.98.041 . (2) Where a vacancy exists or occurs in the office of the trustee and there is no successor trustee who is named in the governing instrument or who has been selected to serve as successor trustee under the procedure established in the governing instrument for the selection of a successor trustee, and who is willing to serve as trustee, then all parties with an interest in the trust may agree to a nonjudicial change of the trustee under RCW 11.96A.220 . The successor trustee is deemed to have accepted the trusteeship as of the effective date of the discharge of the predecessor trustee as provided in RCW 11.98.041 or, in circumstances where there is no predecessor trustee, as of the effective date of the trustee's appointment. (3) When there is a desire to name one or more cotrustees to serve with the existing trustee, then all parties with an interest in the trust may agree to the nonjudicial addition of one or more cotrustees under RCW 11.96A.220 . The additional cotrustee is deemed to have accepted the trusteeship as of the effective date of the cotrustee's appointment. (4) Unless subsection (1), (2), or (3) of this section applies, any beneficiary of a trust, the trustor, if alive, or the trustee may petition the superior court having jurisdiction for the appointment or change of a trustee or cotrustee under the procedures provided in RCW 11.96A.080 through 11.96A.200 : (a) Whenever the office of trustee becomes vacant; (b) upon filing of a petition of resignation by a trustee; or (c) for any other reasonable cause. (5) For purposes of this subsection, the term fiduciary includes both trustee and personal representative. (a) Except as otherwise provided in the governing instrument, a successor fiduciary, absent actual knowledge of a breach of fiduciary duty: (i) Is not liable for any act or omission of a predecessor fiduciary and is not obligated to inquire into the validity or propriety of any such act or omission; (ii) is authorized to accept as conclusively accurate any accounting or statement of assets tendered to the successor fiduciary by a predecessor fiduciary; and (iii) is authorized to receipt only for assets actually delivered and has no duty to make further inquiry as to undisclosed assets of the trust or estate. (b) Nothing in this section relieves a successor fiduciary from liability for retaining improper investments, nor does this section in any way bar the successor fiduciary, trust beneficiaries, or other party in interest from bringing an action against a predecessor fiduciary arising out of the acts or omissions of the predecessor fiduciary, nor does it relieve the successor fiduciary of liability for its own acts or omissions except as specifically stated or authorized in this section. (6) A change of trustee to a foreign trustee does not change the situs of the trust. Transfer of situs of a trust to another jurisdiction requires compliance with RCW 11.98.005 and RCW 11.98.045 through 11.98.055 .
RCW 11.110.125 — Washington Code / Title 11 / Chapter 110 / Section 125
RCW 11.110.125: Violations—Refusal to file reports, perform duties, etc.
Status: in_force

The willful refusal by a trustee to make or file any report or to perform any other duties expressly required by this chapter, or to comply with any valid rule adopted by the secretary of state under this chapter, shall constitute a breach of trust and a violation of this chapter.
RCW 11.98.055 — Washington Code / Title 11 / Chapter 98 / Section 055
RCW 11.98.055: Judicial transfer of situs of trusts.
Status: in_force

(1) Any trustee, beneficiary, or beneficiary representative may petition the superior court of the county of the situs of the trust for a transfer of the situs of a trust in accordance with RCW 11.96A.080 through 11.96A.200 . (2) At the conclusion of the hearing, if the court finds the requirements of RCW 11.98.045 (2) have been satisfied, it may direct the transfer of the situs of a trust on such terms and conditions as it deems appropriate. The court in its discretion may provide for payment from the trust of reasonable fees and expenses for any party to the proceeding. Delivery of trust assets in accordance with the court's order is a full discharge of the trustee's duties in relation to all transferred property. (3) 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 11.95A.100 — Washington Code / Title 11 / Chapter 95A / Section 100
RCW 11.95A.100: Creation of power of appointment.
Status: in_force

(1) A power of appointment is created only if: (a) The instrument creating the power: (i) Is valid under applicable law; and (ii) Except as otherwise provided in subsection (2) of this section, transfers the appointive property; and (b) The terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee. (2) Subsection (1)(a)(ii) of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment. (3) A power of appointment may not be created in a deceased individual. (4) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.
RCW 11.18.200 — Washington Code / Title 11 / Chapter 18 / Section 200
RCW 11.18.200: Liability of beneficiary of nonprobate asset—Abatement.
Status: in_force

(1) Unless expressly exempted by statute, a beneficiary of a nonprobate asset that was subject to satisfaction of the decedent's general liabilities immediately before the decedent's death takes the asset subject to liabilities, claims, estate taxes, and the fair share of expenses of administration reasonably incurred by the personal representative in the transfer of or administration upon the asset. The beneficiary of such an asset is liable to account to the personal representative to the extent necessary to satisfy liabilities, claims, the asset's fair share of expenses of administration, and the asset's share of any applicable estate taxes under chapter 83.110A RCW. Before making demand that a beneficiary of a nonprobate asset account to the personal representative, the personal representative must give notice to the beneficiary, in the manner provided in chapter 11.96A RCW, that the beneficiary is liable to account under this section. (2) The following rules govern in applying subsection (1) of this section: (a) A beneficiary of property passing at death under a community property agreement takes the property subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section. However, assets existing as community or separate property immediately before the decedent's death under the community property agreement are subject to the decedent's liabilities and claims to the same extent that they would have been had they been assets of the probate estate. (b) A beneficiary of property held in joint tenancy form with right of survivorship, including without limitation United States savings bonds or similar obligations, takes the property subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section to the extent of the decedent's beneficial ownership interest in the property immediately before death. (c) A beneficiary of payable-on-death or trust bank accounts, bonds, securities, or similar obligations, including without limitation United States bonds or similar obligations, takes the property subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section, to the extent of the decedent's beneficial ownership interest in the property immediately before death. (d) A beneficiary of a transfer on death deed or of deeds or conveyances made by the decedent if possession has been postponed until the death of the decedent takes the property subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section, to the extent of the decedent's beneficial ownership interest in the property immediately before death. (e) A trust for the decedent's use of which the decedent is the grantor is subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section, to the same extent as the trust was subject to claims of the decedent's creditors immediately before death under RCW 19.36.020 . (f) A trust not for the use of the grantor but of which the decedent is the grantor and that becomes effective or irrevocable only upon the decedent's death is subject to the decedent's claims, liabilities, estate taxes, and expenses of administration as described in subsection (1) of this section. (g) Anything in this section to the contrary notwithstanding, nonprobate assets that existed as community property immediately before the decedent's death are subject to the decedent's liabilities and claims to the same extent that they would have been had they been assets of the probate estate. (h) The liability of a beneficiary of life insurance is governed by chapter 48.18 RCW. (i) The liability of a beneficiary of pension or retirement employee benefits is governed by chapter 6.15 RCW. (j) An inference may not be drawn from (a) through (i) of this subsection that a beneficiary of nonprobate assets other than those assets specifically described in (a) through (i) of this subsection does or does not take the assets subject to claims, liabilities, estate taxes, and administration expenses as described in subsection (1) of this section. (3) Nothing in this section derogates from the rights of a person interested in the estate to recover any applicable estate tax under chapter 83.110A RCW or from the liability of any beneficiary for estate tax under chapter 83.110A RCW. (4) Nonprobate assets that may be responsible for the satisfaction of the decedent's general liabilities and claims abate together with the probate assets of the estate in accord with chapter 11.10 RCW.
RCW 11.80.030 — Washington Code / Title 11 / Chapter 80 / Section 030
RCW 11.80.030: Reports of trustee.
Status: in_force

The trustee shall, at the expiration of one year from the date of his or her appointment and annually thereafter and at such times as the court may direct, make and file a report and account of his or her trusteeship, setting forth specifically the amounts received and expended and the conditions of the property.
RCW 11.76.100 — Washington Code / Title 11 / Chapter 76 / Section 100
RCW 11.76.100: Receipts for expenses from personal representative.
Status: in_force

In rendering his or her accounts or reports the personal representative shall produce receipts or canceled checks for the expenses and charges which he or she shall have paid, which receipts shall be filed and remain in court until the probate has been completed and the personal representative has been discharged; however, he or she may be allowed any item of expenditure, not exceeding twenty dollars, for which no receipt is produced, if such item be supported by his or her own oath, but such allowances without receipts shall not exceed the sum of three hundred dollars in any one estate.
RCW 11.120.070 — Washington Code / Title 11 / Chapter 120 / Section 070
RCW 11.120.070: Disclosure of content of electronic communications of deceased user.
Status: in_force

If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian: (1) A written request for disclosure in physical or electronic form; (2) A certified copy of the death certificate of the user; (3) A certified copy of the letter of appointment of the representative, or a small estate affidavit or court order; (4) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and (5) If requested by the custodian: (a) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (b) Evidence linking the account to the user; or (c) A finding by the court that: (i) The user had a specific account with the custodian, identifiable by the information specified in (a) of this subsection; (ii) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Sec. 2701 et seq. and 47 U.S.C. Sec. 222, existing on June 9, 2016, or other applicable law; (iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
RCW 11.20.100 — Washington Code / Title 11 / Chapter 20 / Section 100
RCW 11.20.100: Laws applicable to foreign wills.
Status: in_force

All provisions of law relating to the carrying into effect of domestic wills after probate thereof shall, so far as applicable, apply to foreign wills admitted to probate in this state.
RCW 11.104B.220 — Washington Code / Title 11 / Chapter 104B / Section 220
RCW 11.104B.220: Receipts from entities—Businesses and other activities conducted by fiduciary.
Status: in_force

(1) This section applies to a business or other activity conducted by a fiduciary if the fiduciary determines that it is in the interests of the beneficiaries to account separately for the business or other activity instead of: (a) Accounting for the business or other activity as part of the fiduciary's general accounting records; or (b) Conducting the business or other activity through an entity described in RCW 11.104B.200 (1)(b)(i). (2) A fiduciary may account separately under this section for the transactions of a business or other activity, whether or not assets of the business or other activity are segregated from other assets held by the fiduciary. (3) A fiduciary that accounts separately under this section for a business or other activity: (a) May determine: (i) The extent to which the net cash receipts of the business or other activity must be retained for: (A) Working capital; (B) The acquisition or replacement of fixed assets; and (C) Other reasonably foreseeable needs of the business or other activity; and (ii) The extent to which the remaining net cash receipts are accounted for as principal or income in the fiduciary's general accounting records for the trust; (b) May make a determination under (a) of this subsection (3) separately and differently from the fiduciary's decisions concerning distributions of income or principal; and (c) Shall account for the net amount received from the sale of an asset of the business or other activity, other than a sale in the ordinary course of the business or other activity, as principal in the fiduciary's general accounting records for the trust, to the extent the fiduciary determines that the net amount received is no longer required in the conduct of the business or other activity. (4) Activities for which a fiduciary may account separately under this section include: (a) Retail, manufacturing, service, and other traditional business activities; (b) Farming; (c) Raising and selling livestock and other animals; (d) Managing rental properties; (e) Extracting minerals, water, and other natural resources; (f) Growing and cutting timber; (g) An activity to which RCW 11.104B.330 , 11.104B.340 , or 11.104B.350 applies; and (h) Any other business conducted by the fiduciary.
RCW 11.140.080 — Washington Code / Title 11 / Chapter 140 / Section 080
RCW 11.140.080: General powers of custodial trustee.
Status: in_force

(1) A custodial trustee has the powers of a trustee under RCW 11.98.070 . (2) This section does not relieve a custodial trustee from liability for a violation of RCW 11.140.070 .
RCW 11.56.050 — Washington Code / Title 11 / Chapter 56 / Section 050
RCW 11.56.050: Order directing sale.
Status: in_force

If the court should determine that it is necessary to sell any or all of the real estate for the purposes mentioned in this title, then it may make and cause to be entered an order directing the personal representative to sell so much of the real estate as the court may determine necessary for the purposes aforesaid. Such order shall give a particular description of the property to be sold and the terms of such sale and shall provide whether such property shall be sold at public or private sale, or by negotiation. After the giving of such order it shall be the duty of the personal representative to sell such real estate in accordance with the order of the court and as in this title provided with reference to the public or private sales of real estate.
RCW 11.12.460 — Washington Code / Title 11 / Chapter 12 / Section 460
RCW 11.12.460: Electronic wills—Qualified custodians—Eligibility.
Status: in_force

(1) The following may serve as a qualified custodian: (a) Any suitable person over the age of 18 years, who is a resident of the state of Washington at the time the electronic will was signed; (b) A trust company regularly organized under the laws of this state and national banks when authorized to do so; (c) A nonprofit corporation, if the articles of incorporation or bylaws of that corporation permit the action and if the corporation is in compliance with all applicable provisions of Title 24 RCW; (d) Any 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; and (e) A will repository in the county in which the testator is domiciled. (2) The following are disqualified to serve as a qualified custodian: (a) Minors, persons of unsound mind, or persons who have been convicted of (i) any felony or (ii) any crime involving moral turpitude; (b) An individual who is an heir, beneficiary, or otherwise has an interest in [the] testator's estate; and (c) Corporations, limited liability companies, limited liability partnerships, except as provided in subsection (1) of this section.
RCW 11.12.440 — Washington Code / Title 11 / Chapter 12 / Section 440
RCW 11.12.440: Electronic wills—Execution—Procedure.
Status: in_force

(1) Subject to RCW 11.12.450 (4), an electronic will must be: (a) A record that is readable as text at the time of signing under (b) of this subsection; (b) Signed by: (i) The testator; or (ii) Another individual in the testator's name, in the testator's physical presence, and by the testator's direction; and (c) Signed in the physical or electronic presence of the testator and at the testator's direction or request by at least two competent witnesses after: (i) The signing of the will under (b) of this subsection; or (ii) The testator's acknowledgment of the signing of the will under (b) of this subsection or acknowledgment of the will. (2) Intent of a testator that the record under subsection (1)(a) of this section be the testator's electronic will may be established by extrinsic evidence.
RCW 11.12.025 — Washington Code / Title 11 / Chapter 12 / Section 025
RCW 11.12.025: Nuncupative wills.
Status: in_force

Nothing contained in this chapter shall prevent any member of the armed forces of the United States or person employed on a vessel of the United States merchant marine from disposing of his wages or personal property, or prevent any person competent to make a will from disposing of his or her personal property of the value of not to exceed one thousand dollars, by nuncupative will if the same be proved by two witnesses who were present at the making thereof, and it be proven that the testator, at the time of pronouncing the same, did bid some person present to bear witness that such was his will, or to that effect, and that such nuncupative will was made at the time of the last sickness of the testator, but no proof of any nuncupative will shall be received unless it be offered within six months after the speaking of the testamentary words, nor unless the words or the substance thereof be first committed to writing, and in all cases a citation be issued to the widow and/or heirs at law of the deceased that they may contest the will, and no real estate shall be devised by a nuncupative will.
RCW 11.02.902 — Washington Code / Title 11 / Chapter 02 / Section 902
RCW 11.02.902: Purpose—1985 c 30.
Status: in_force

The purpose of this act is to make technical corrections to chapter 149, Laws of 1984, and to ensure that the changes made in that chapter meet the constitutional requirements of Article II, section 19 of the state Constitution.
RCW 11.98B.100 — Washington Code / Title 11 / Chapter 98B / Section 100
RCW 11.98B.100: No duty to monitor, inform, or advise trust director or trustee.
Status: in_force

(1) Unless the terms of a trust provide otherwise: (a) A trustee does not have a duty to: (i) Monitor a trust director; or (ii) Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and (b) By taking an action described in (a) of this subsection, a trustee does not assume the duty excluded by (a) of this subsection. (2) Unless the terms of a trust provide otherwise: (a) A trust director does not have a duty to: (i) Monitor a trustee or another trust director; or (ii) Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and (b) By taking an action described in (a) of this subsection, a trust director does not assume the duty excluded by (a) of this subsection.
RCW 11.104B.560 — Washington Code / Title 11 / Chapter 104B / Section 560
RCW 11.104B.560: Death or termination of interest—Apportionment of receipts and disbursements when decedent dies or income interest begins.
Status: in_force

(1) A fiduciary shall allocate an income receipt or disbursement, other than a receipt to which RCW 11.104B.500 (2) applies, to principal if its due date occurs before the date on which: (a) For an estate, the decedent died; or (b) For a trust or successive interest, an income interest begins. (2) If the due date of a periodic income receipt or disbursement occurs on or after the date on which a decedent died or an income interest begins, a fiduciary shall allocate the receipt or disbursement to income. (3) If an income receipt or disbursement is not periodic or has no due date, a fiduciary shall treat the receipt or disbursement under this section as accruing from day to day. The fiduciary shall allocate to principal the portion of the receipt or disbursement accruing before the date on which a decedent died or an income interest begins, and to income the balance. (4) A receipt or disbursement is periodic under subsections (2) and (3) of this section if: (a) The receipt or disbursement must be paid at regular intervals under an obligation to make payments; or (b) The payor customarily makes payments at regular intervals. (5) An item of income or obligation is due under this section on the date the payor is required to make a payment. If a payment date is not stated, there is no due date. (6) Distributions to shareholders or other owners from an entity to which RCW 11.104B.200 applies are due: (a) On the date fixed by or on behalf of the entity for determining the persons entitled to receive the distribution; (b) If no date is fixed, on the date of the decision by or on behalf of the entity to make the distribution; or (c) If no date is fixed and the fiduciary does not know the date of the decision by or on behalf of the entity to make the distribution, on the date the fiduciary learns of the decision.
RCW 11.100.037 — Washington Code / Title 11 / Chapter 100 / Section 037
RCW 11.100.037: Investment or distribution of funds held in fiduciary capacity—Deposit in other departments authorized—Collateral security required, exception.
Status: in_force

Funds held by a bank or trust company in a fiduciary capacity awaiting investment or distribution shall not be held uninvested or undistributed any longer than is reasonable for the proper management of the account. These funds, including managing agency accounts, may, unless prohibited by the instrument creating the trust or by other statutes of this state, be deposited in the commercial or savings or other department of the bank or trust company, only if the bank or trust company first sets aside under control of the trust department as collateral security: (1) Direct obligations of the United States or other obligations fully guaranteed by the United States as to principal and interest; or (2) Bonds or other obligations which constitute general obligations of any state of the United States or municipal subdivision thereof. The securities so deposited or securities substituted therefor as collateral shall at all times be at least equal in market value to the amount of the funds so deposited, but such security shall not be required to the extent that the funds so deposited are insured by an agency of the federal government.
RCW 11.04.250 — Washington Code / Title 11 / Chapter 04 / Section 250
RCW 11.04.250: When real estate vests—Rights of heirs.
Status: in_force

When a person dies seized of lands, tenements or hereditaments, or any right thereto or entitled to any interest therein in fee or for the life of another, his or her title shall vest immediately in his or her heirs or devisees, subject to his or her debts, family allowance, expenses of administration, and any other charges for which such real estate is liable under existing laws. No administration of the estate of such decedent, and no decree of distribution or other finding or order of any court shall be necessary in any case to vest such title in the heirs or devisees, but the same shall vest in the heirs or devisees instantly upon the death of such decedent: PROVIDED, That no person shall be deemed a devisee until the will has been probated. The title and right to possession of such lands, tenements, or hereditaments so vested in such heirs or devisees, together with the rents, issues, and profits thereof, shall be good and valid against all persons claiming adversely to the claims of any such heirs, or devisees, excepting only the personal representative when appointed, and persons lawfully claiming under such personal representative; and any one or more of such heirs or devisees, or their grantees, jointly or severally, may sue for and recover their respective shares or interests in any such lands, tenements, or hereditaments and the rents, issues, and profits thereof, whether letters testamentary or of administration be granted or not, from any person except the personal representative and those lawfully claiming under such personal representative.
RCW 11.02.100 — Washington Code / Title 11 / Chapter 02 / Section 100
RCW 11.02.100: Transfer of shares of record—Dividends.
Status: in_force

Shares of record in the name of a spouse or domestic partner may be transferred by such person, such person's agent or attorney, without the signature of such person's spouse or domestic partner. All dividends payable upon any shares of a corporation standing in the name of a spouse or domestic partner, shall be paid to such spouse or domestic partner, such person's agent or attorney, in the same manner as if such person were unmarried or not in a state registered domestic partnership, and it shall not be necessary for the other spouse or domestic partner to join in a receipt therefor; and any proxy or power given by a spouse or domestic partner, touching any shares of any corporation standing in such person's name, shall be valid and binding without the signature of the other spouse or other domestic partner.
RCW 11.96A.180 — Washington Code / Title 11 / Chapter 96A / Section 180
RCW 11.96A.180: Execution on judgments.
Status: in_force

Judgment on the issues, as well as for costs, may be entered and enforced by execution or otherwise by the court as in civil actions.
RCW 11.48.140 — Washington Code / Title 11 / Chapter 48 / Section 140
RCW 11.48.140: Recovery of decedent's fraudulent conveyances.
Status: in_force

When there shall be a deficiency of assets in the hands of a personal representative, and when the deceased shall in his or her lifetime have conveyed any real estate, or any rights, or interest therein, with intent to defraud his or her creditors or to avoid any right, duty, or debt of any person, or shall have so conveyed such estate, which deeds or conveyances by law are void as against creditors, the personal representative may, and it shall be his or her duty to, commence and prosecute to final judgment any proper action for the recovery of the same, and may recover for the benefit of the creditors all such real estate so fraudulently conveyed, and may also, for the benefit of the creditors, sue and recover all goods, chattels, rights, and credits which may have been so fraudulently conveyed by the deceased in his or her lifetime, whatever may have been the manner of such fraudulent conveyance.
RCW 11.98.130 — Washington Code / Title 11 / Chapter 98 / Section 130
RCW 11.98.130: Rule against perpetuities.
Status: in_force

No provision of an instrument creating a trust, including the provisions of any further trust created, and no other disposition of property made pursuant to exercise of a power of appointment granted in or created through authority under such instrument is invalid under the rule against perpetuities, or any similar statute or common law, during the one hundred fifty years following the effective date of the instrument. Thereafter, unless the trust assets have previously become distributable or vested, the provision or other disposition of property is deemed to have been rendered invalid under the rule against perpetuities.
RCW 11.108.040 — Washington Code / Title 11 / Chapter 108 / Section 040
RCW 11.108.040: Construction of certain marital deduction formula bequests.
Status: in_force

(1) If a testator, under the terms of a governing instrument executed prior to September 12, 1981, leaves outright to or in trust for the benefit of that testator's surviving spouse an amount or fractional share of that testator's estate or a trust estate expressed in terms of one-half of that testator's federal adjusted gross estate, or by any other reference to the maximum estate tax marital deduction allowable under federal law without referring, either in that governing instrument or in any codicil or amendment thereto, specifically to the unlimited federal estate tax marital deduction enacted as part of the economic recovery tax act of 1981, such expression shall, unless subsection (2) or (3) of this section applies, be construed as referring to the unlimited federal estate tax marital deduction, and also as expressing such amount or fractional share, as the case may be, in terms of the minimum amount which will cause the least possible amount of federal estate tax to be payable as a result of the testator's death, taking into account other property passing to the surviving spouse that qualifies for the marital deduction, at the value at which it qualifies, and also taking into account all credits against the federal estate tax, but only to the extent that the use of these credits do not increase the death tax payable. (2) If this subsection applies to a testator, such expression shall be construed as referring to the estate tax marital deduction allowed by federal law immediately prior to the enactment of the unlimited estate tax marital deduction as a part of the economic recovery tax act of 1981. This subsection applies if subsection (3) of this section does not apply and: (a) The application of this subsection to the testator will not cause an increase in the federal estate taxes payable as a result of the testator's death over the amount of such taxes which would be payable if subsection (1) of this section applied; or (b) The testator is survived by a blood or adopted descendant who is not also a blood or adopted descendant of the testator's surviving spouse, unless such person or persons have entered into an agreement under RCW 11.96A.220 ; or (c) The testator amended the governing instrument containing such expression after December 31, 1981, without amending such expression to refer expressly to the unlimited federal estate tax marital deduction. (3) If the governing instrument contains language expressly stating that federal law of a particular time prior to January 1, 1982, is to govern the construction or interpretation of such expression, the expression shall be construed as referring to the marital deduction allowable under federal law in force and effect as of that time. (4) If subsection (2) or (3) of this section applies to the testator, the expression shall not be construed as referring to any property that the personal representative of the testator's estate or other authorized fiduciary elects to qualify for the federal estate tax marital deduction as qualified terminable interest property. If subsection (1) of this section applies to the testator, any provision shall be construed as referring to any property that the personal representative of the testator's estate or other authorized fiduciary elects to qualify for the federal estate tax marital deduction as qualified terminable interest property, but only to the extent that such construction does not cause the amount or fractional share left to or for the benefit of the surviving spouse to be reduced below the amount that would pass under subsection (2) or (3) of this section, whichever is applicable. (5) This section is effective with respect to testators dying after December 31, 1982.
RCW 11.84.120 — Washington Code / Title 11 / Chapter 84 / Section 120
RCW 11.84.120: Rights of persons without notice dealing with slayer or abuser.
Status: in_force

The provisions of this chapter shall not affect the rights of any person who, before the interests of the slayer or abuser have been adjudicated, purchases or has agreed to purchase, from the slayer or abuser for value and without notice property which the slayer or abuser would have acquired except for the terms of this chapter, but all proceeds received by the slayer or abuser from such sale shall be held by him or her in trust for the persons entitled to the property under the provisions of this chapter, and the slayer or abuser shall also be liable both for any portion of such proceeds which he or she may have dissipated and for any difference between the actual value of the property and the amount of such proceeds.
RCW 11.100.030 — Washington Code / Title 11 / Chapter 100 / Section 030
RCW 11.100.030: Investment in savings accounts—Requirements.
Status: in_force

A corporation doing a trust business may invest trust funds in savings accounts with itself to the extent that deposits are insured by an agency of the federal government. Additional trust funds may be so invested by the corporation only if it first sets aside under the control of its trust department as collateral security: (1) Direct obligations of the United States or other obligations fully guaranteed by the United States as to principal and interest; or (2) Bonds or other obligations which constitute general obligations of any state of the United States or municipal subdivision thereof. The securities so deposited or securities substituted therefor as collateral shall at all times be at least equal in market value to the amount of the funds so deposited.
RCW 11.120.110 — Washington Code / Title 11 / Chapter 120 / Section 110
RCW 11.120.110: Disclosure of digital assets held in trust when trustee is original user.
Status: in_force

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of that account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
RCW 11.11.901 — Washington Code / Title 11 / Chapter 11 / Section 901
RCW 11.11.901: Application of chapter.
Status: in_force

This chapter applies to any will of an owner who dies while a resident of this state on or after July 1, 1999, regardless of whether the will was executed or republished before or after July 1, 1999, and regardless of whether the beneficiary of the nonprobate asset was designated before or after July 1, 1999.
RCW 11.135.020 — Washington Code / Title 11 / Chapter 135 / Section 020
RCW 11.135.020: Construction.
Status: in_force

This chapter must be construed and applied to: (1) Facilitate electronic estate planning-related documents and signatures consistent with other law; and (2) Be consistent with reasonable practices concerning electronic documents and signatures and continued expansion of those practices.
RCW 11.140.090 — Washington Code / Title 11 / Chapter 140 / Section 090
RCW 11.140.090: Use of custodial trust property.
Status: in_force

(1) A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time. (2) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, when, and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income, or property of the beneficiary. (3) A custodial trustee may establish checking, savings, or other similar accounts of reasonable amounts under which either the custodial trustee or the beneficiary may withdraw funds from, or draw checks against, the accounts. Funds withdrawn from, or checks written against, the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary.
RCW 11.110.060 — Washington Code / Title 11 / Chapter 110 / Section 060
RCW 11.110.060: Instrument establishing trust, inventory of assets, registration status, successor trustee information, and amendments to be filed.
Status: in_force

(1) Every trustee required to file under RCW 11.110.051 shall file with the secretary of state within four months after receiving possession or control of the trust corpus, or after the trust becomes a trust described by RCW 11.110.051 (1): (a) A copy of the instrument establishing his or her title, powers, or duties; (b) An inventory of the assets of such charitable trust; and (c) A registration form setting forth the trustee's name, mailing address, physical address if different, and additional identifying information required by the secretary by rule. (2) A successor trustee to a previously registered trust shall file a registration form and inventory of assets within four months after receiving possession or control of the trust corpus. (3) A trustee required to register shall file with the secretary of state copies of all amendments to the trust instrument within four months of the making of the amendment.
RCW 11.130.350 — Washington Code / Title 11 / Chapter 130 / Section 350
RCW 11.130.350: Removal of guardian for adult—Appointment of successor.
Status: in_force

(1) The court may remove a guardian for an adult for failure to perform the guardian's duties or for other good cause and appoint a successor guardian to assume the duties of guardian. (2) The court shall hold a hearing to determine whether to remove a guardian for an adult and appoint a successor guardian on: (a) Petition of the adult, guardian, or person interested in the welfare of the adult, which contains allegations that, if true, would support a reasonable belief that removal of the guardian and appointment of a successor guardian may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months; (b) Communication from the adult, guardian, or person interested in the welfare of the adult which supports a reasonable belief that removal of the guardian and appointment of a successor guardian may be appropriate; or (c) Determination by the court that a hearing would be in the best interest of the adult. (3) Notice of a hearing under subsection (2)(a) of this section and notice of the adult subject to guardianship's right to be represented at the hearing by counsel of the individual's choosing must be given to the adult subject to guardianship, the guardian, and any other person the court determines. (4) An adult subject to guardianship who seeks to remove the guardian and have a successor guardian appointed has the right to choose an attorney to represent the adult in this matter. The court shall award reasonable attorneys' fees to the attorney for the adult as provided in RCW 11.130.100 . (5) In selecting a successor guardian for an adult, the court shall follow the priorities under RCW 11.130.305 . (6) Not later than fourteen days after appointing a successor guardian, the successor guardian shall give notice of the appointment to the adult subject to guardianship and any person entitled to notice under RCW 11.130.310 (5) or a subsequent order.
RCW 11.20.060 — Washington Code / Title 11 / Chapter 20 / Section 060
RCW 11.20.060: Record of will as evidence.
Status: in_force

The record of any will made, probated and recorded as herein provided, and the exemplification of such record by the clerk in whose custody the same may be, shall be received as evidence, and shall be as effectual in all cases as the original would be if produced and proven.
RCW 11.104B.160 — Washington Code / Title 11 / Chapter 104B / Section 160
RCW 11.104B.160: Unitrusts—Applicable value.
Status: in_force

(1) A unitrust policy must provide the method for determining the fair market value of an asset for the purpose of determining the unitrust amount, including: (a) The frequency of valuing the asset, which need not require a valuation in every period; and (b) The date for valuing the asset in each period in which the asset is valued. (2) Except as otherwise provided in RCW 11.104B.180 (2)(b), a unitrust policy may provide methods for determining the amount of the net fair market value of the trust to take into account in determining the applicable value, including: (a) Obtaining an appraisal of an asset for which fair market value is not readily available; (b) Exclusion of specific assets or groups or types of assets; (c) Other exceptions or modifications of the treatment of specific assets or groups or types of assets; (d) Identification and treatment of cash or property held for distribution; (e) Use of: (i) An average of fair market values over a stated number of preceding periods; or (ii) Another mathematical blend of fair market values over a stated number of preceding periods; (f) A limit on how much the applicable value of all assets, groups of assets, or individual assets may increase over: (i) The corresponding applicable value for the preceding period; or (ii) A mathematical blend of applicable values over a stated number of preceding periods; (g) A limit on how much the applicable value of all assets, groups of assets, or individual assets may decrease below: (i) The corresponding applicable value for the preceding period; or (ii) A mathematical blend of applicable values over a stated number of preceding periods; (h) The treatment of accrued income and other features of an asset which affect value; and (i) Determining the liabilities of the trust, including treatment of liabilities to conform with the treatment of assets under (a) through (h) of this subsection (2).
RCW 11.110.200 — Washington Code / Title 11 / Chapter 110 / Section 200
RCW 11.110.200: Tax Reform Act of 1969, state implementation—Application of RCW 11.110.200 through 11.110.260 to certain trusts defined in federal code.
Status: in_force

RCW 11.110.200 through 11.110.260 shall apply only to trusts which are "private foundations" as defined in section 509 of the Internal Revenue Code, "charitable trusts" as described in section 4947(a)(1) of the Internal Revenue Code, or "split-interest trusts" as described in section 4947(a)(2) of the Internal Revenue Code. With respect to any such trust created after December 31, 1969, RCW 11.110.200 through 11.110.260 shall apply from such trust's creation. With respect to any such trust created before January 1, 1970, RCW 11.110.200 through 11.110.260 shall apply only to such trust's federal taxable years beginning after December 31, 1971.
RCW 11.54.040 — Washington Code / Title 11 / Chapter 54 / Section 040
RCW 11.54.040: Increase in amount of award for support during pendency of proceedings—Factors for consideration.
Status: in_force

(1) If a claimant demonstrates to the satisfaction of the court that a claimant's present and reasonably anticipated future needs with respect to basic maintenance and support during the pendency of any proceedings under this title relating to the decedent's probate or nonprobate assets will not be provided from other resources and that an increased award would not be inconsistent with the decedent's intentions or principles of equity and fairness, the amount of the award may be increased above the amount of the basic award in an amount that the court determines to be needed for a claimant's present and reasonably anticipated future needs with respect to basic maintenance and support during the pendency of any proceedings under this title relating to the decedent's probate or nonprobate assets. (2) In determining the needs of the claimant, the court shall consider, without limitation, the resources available to the claimant and the claimant's dependent children, and the resources reasonably expected to be available to the claimant and the claimant's dependent children during the pendency of any proceedings under this title relating to the decedent's probate or nonprobate assets, including income related to present or future employment and benefits flowing from the decedent's probate and nonprobate estate. (3) In determining the intentions of the decedent, the court shall consider, without limitation: (a) Provisions made for the claimant by the decedent under the terms of the decedent's will or otherwise; (b) Provisions made for third parties or other entities under the decedent's will or otherwise that would be affected by an increased award; (c) If the claimant is the surviving spouse or surviving registered domestic partner, the duration and status of the marriage or the state registered domestic partnership of the decedent to the claimant at the time of the decedent's death; (d) The effect of any award on the availability of any other resources or benefits to the claimant; (e) The size and nature of the decedent's probate and nonprobate estate; and (f) Oral or written statements made by the decedent that are otherwise admissible as evidence. The fact that the decedent has named beneficiaries other than the claimant as recipients of the decedent's estate is not of itself adequate to evidence such an intent as would prevent the award of an amount in excess of the basic award that is provided in RCW 11.54.020 (1). (4)(a) The court may only grant an increased award if a petition for a basic award has been granted under RCW 11.54.010 . The request for an increased award may be made in conjunction with the petition for an award under RCW 11.54.010 . (b) Subject to (a) of this subsection (4), a request for an increased award may be made at any time during the pendency of any proceedings under this title relating to the decedent's probate or nonprobate assets. A request to modify an increased award may also be made at any time during the pendency of the probate proceedings by a person having an interest in the decedent's estate that will be directly affected by the requested modification.
RCW 11.104B.901 — Washington Code / Title 11 / Chapter 104B / Section 901
RCW 11.104B.901: Relation to electronic signatures in global and national commerce act.
Status: in_force

This chapter modifies, limits, or supersedes the 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 11.118.080 — Washington Code / Title 11 / Chapter 118 / Section 080
RCW 11.118.080: Construction of trust language.
Status: in_force

In construing the language of a trust for an animal, the governing instrument shall be liberally construed to provide the protections of this chapter. It is presumed that language contained in a trust for an animal is not merely precatory or honorary in nature unless it can be shown by clear and cogent evidence that such was the trustor's intent. Extrinsic evidence is admissible in determining the trustor's intent.
RCW 11.125.280 — Washington Code / Title 11 / Chapter 125 / Section 280
RCW 11.125.280: Agent authority—Tangible personal property.
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to: (1) Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property; (2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose of tangible personal property or an interest in tangible personal property; (3) Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal; (4) Release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property; (5) Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including: (a) Insuring against liability or casualty or other loss; (b) Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise; (c) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments; (d) Moving the property from place to place; (e) Storing the property for hire or on a gratuitous bailment; and (f) Using and making repairs, alterations, or improvements to the property; and (6) Change the form of title of an interest in tangible personal property.
RCW 11.04.015 — Washington Code / Title 11 / Chapter 04 / Section 015
RCW 11.04.015: Descent and distribution of real and personal estate.
Status: in_force

The net estate of a person dying intestate, or that portion thereof with respect to which the person shall have died intestate, shall descend subject to the provisions of RCW 11.04.250 and 11.02.070 , and shall be distributed as follows: (1) Share of surviving spouse or state registered domestic partner. The surviving spouse or state registered domestic partner shall receive the following share: (a) All of the decedent's share of the net community estate; and (b) One-half of the net separate estate if the intestate is survived by issue; or (c) Three-quarters of the net separate estate if there is no surviving issue, but the intestate is survived by one or more of his or her parents, or by one or more of the issue of one or more of his or her parents; or (d) All of the net separate estate, if there is no surviving issue nor parent nor issue of parent. (2) Shares of others than surviving spouse or state registered domestic partner. The share of the net estate not distributable to the surviving spouse or state registered domestic partner, or the entire net estate if there is no surviving spouse or state registered domestic partner, shall descend and be distributed as follows: (a) To the issue of the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degree shall take by representation. (b) If the intestate not be survived by issue, then to the parent or parents who survive the intestate. (c) If the intestate not be survived by issue or by either parent, then to those issue of the parent or parents who survive the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or, if of unequal degree, then those of more remote degree shall take by representation. (d) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents who survive the intestate, then to the grandparent or grandparents who survive the intestate; if both maternal and paternal grandparents survive the intestate, the maternal grandparent or grandparents shall take one-half and the paternal grandparent or grandparents shall take one-half. (e) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents or by any grandparent or grandparents, then to those issue of any grandparent or grandparents who survive the intestate; taken as a group, the issue of the maternal grandparent or grandparents shall share equally with the issue of the paternal grandparent or grandparents, also taken as a group; within each such group, all members share equally if they are all in the same degree of kinship to the intestate, or, if some be of unequal degree, then those of more remote degree shall take by representation.
RCW 11.100.047 — Washington Code / Title 11 / Chapter 100 / Section 047
RCW 11.100.047: Fiduciary—Duty to diversify.
Status: in_force

Subject to the provisions of RCW 11.100.060 and any express provisions in the trust instrument to the contrary, a fiduciary shall diversify the investments of the trust unless the fiduciary reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.
RCW 11.96A.115 — Washington Code / Title 11 / Chapter 96A / Section 115
RCW 11.96A.115: Discovery.
Status: in_force

In all matters governed by this title, discovery shall be permitted only in the following matters: (1) A judicial proceeding that places one or more specific issues in controversy that has been commenced under RCW 11.96A.100 , in which case discovery shall be conducted in accordance with the superior court civil rules and applicable local rules; or (2) A matter in which the court orders that discovery be permitted on a showing of good cause, in which case discovery shall be conducted in accordance with the superior court civil rules and applicable local rules unless otherwise limited by the order of the court.
RCW 11.104B.020 — Washington Code / Title 11 / Chapter 104B / Section 020
RCW 11.104B.020: Governing law.
Status: in_force

(1) Except as otherwise provided in the terms of a trust or this chapter, this chapter applies when this state is the principal place of administration of a trust or estate, subject to the following rules: (a) If the trust was created before January 1, 2022, this chapter applies only to a decision or action occurring on or after January 1, 2022; and (b) If the principal place of administration of the trust is changed to this state on or after January 1, 2022, 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. (3) By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration of a trust to this state, the trustee submits to the application of this chapter to any matter within the scope of this chapter involving the trust.
RCW 11.104B.500 — Washington Code / Title 11 / Chapter 104B / Section 500
RCW 11.104B.500: Death or termination of interest—Determination and distribution of net income.
Status: in_force

(1) This section applies when: (a) The death of an individual results in the creation of an estate or trust; or (b) An income interest in a trust terminates, whether the trust continues or is distributed. (2) A fiduciary of an estate or trust with an income interest that terminates shall determine, under subsection (7) of this section and Articles 4, 5, and 7 of this chapter, the amount of net income and net principal receipts received from property specifically given to a beneficiary. The fiduciary shall distribute the net income and net principal receipts to the beneficiary that is to receive the specific property. (3) A fiduciary shall determine the income and net income of an estate or income interest in a trust which terminates, other than the amount of net income determined under subsection (2) of this section, under Articles 4, 5, and 7 of this chapter and by: (a) Including in net income all income from property used or sold to discharge liabilities; (b) Paying from income or principal, in the fiduciary's discretion, fees of attorneys, accountants, and fiduciaries, court costs and other expenses of administration, and interest on estate and inheritance taxes and other taxes imposed because of the decedent's death, but the fiduciary may pay the expenses from income of property passing to a trust for which the fiduciary claims a federal estate tax marital or charitable deduction only to the extent: (i) The payment of the expenses from income will not cause the reduction or loss of the deduction; or (ii) The fiduciary makes an adjustment under RCW 11.104B.460 (2); and (c) Paying from principal other disbursements made or incurred in connection with the settlement of the estate or the winding up of an income interest that terminates, including: (i) To the extent authorized by the decedent's will, the terms of the trust, or applicable law, debts, funeral expenses, disposition of remains, family allowances, estate and inheritance taxes, and other taxes imposed because of the decedent's death; and (ii) Related penalties that are apportioned, by the decedent's will, the terms of the trust, or applicable law, to the estate or income interest that terminates. (4) If a decedent's will, the terms of a trust, or applicable law provides for the payment of interest or the equivalent of interest to a beneficiary that receives a pecuniary amount outright, the fiduciary shall make the payment from net income determined under subsection (3) of this section or from principal to the extent net income is insufficient. (5) If a beneficiary is to receive a pecuniary amount outright from a trust after an income interest ends because of an income beneficiary's death, and no payment of interest or the equivalent of interest is provided for by the terms of the trust or applicable law, the fiduciary shall pay the interest or the equivalent of interest to which the beneficiary would be entitled under applicable law if the pecuniary amount were required to be paid under a will. (6) A fiduciary shall distribute net income remaining after payments required by subsections (4) and (5) of this section in the manner described in RCW 11.104B.510 to all other beneficiaries, including a beneficiary that receives a pecuniary amount in trust, even if the beneficiary holds an unqualified power to withdraw assets from the trust or other presently exercisable general power of appointment over the trust. (7) A fiduciary may not reduce principal or income receipts from property described in subsection (2) of this section because of a payment described in RCW 11.104B.400 or 11.104B.410 , to the extent the decedent's will, the terms of the trust, or applicable law requires the fiduciary to make the payment from assets other than the property or to the extent the fiduciary recovers or expects to recover the payment from a third party. The net income and principal receipts from the property must be determined by including the amount the fiduciary receives or pays regarding the property, whether the amount accrued or became due before, on, or after the date of the decedent's death or an income interest's terminating event, and making a reasonable provision for an amount the estate or income interest may become obligated to pay after the property is distributed.
RCW 11.44.050 — Washington Code / Title 11 / Chapter 44 / Section 050
RCW 11.44.050: Inventory and appraisement—Failure to return or provide copy—Revocation of letters.
Status: in_force

If any personal representative shall neglect or refuse to make the inventory and appraisement within the period prescribed, or within such further time as the court may allow, or to provide a copy as provided under RCW 11.44.015 , 11.44.025 , or 11.44.035 , the court may revoke the letters testamentary or of administration; and the personal representative shall be liable on his or her bond to any party interested for the injury sustained by the estate through his or her neglect.
RCW 11.140.170 — Washington Code / Title 11 / Chapter 140 / Section 170
RCW 11.140.170: Distribution on termination.
Status: in_force

(1) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property: (a) To the beneficiary, if not incapacitated or deceased; (b) To the conservator or other recipient designated by the court for an incapacitated beneficiary; or (c) Upon the beneficiary's death, in the following order: (i) As last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary; (ii) To the survivor of multiple beneficiaries if survivorship is provided for pursuant to RCW 11.140.060 ; (iii) As designated in the instrument creating the custodial trust; or (iv) To the estate of the deceased beneficiary. (2) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated. (3) Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.
RCW 11.48.150 — Washington Code / Title 11 / Chapter 48 / Section 150
RCW 11.48.150: Several personal representatives considered as one.
Status: in_force

In an action against several personal representatives, they shall all be considered as one person representing their testator or intestate, and judgment may be given and execution issued against all of them who are defendants in the action.
RCW 11.100.015 — Washington Code / Title 11 / Chapter 100 / Section 015
RCW 11.100.015: Guardians, guardianships and funds are subject to chapter.
Status: in_force

In addition to other fiduciaries, a guardian of any estate is a fiduciary within the meaning of this chapter; and in addition to other trusts, a guardianship of any estate is a trust within the meaning of this chapter; and in addition to other trust funds, guardianship funds are trust funds within the meaning of this chapter.
RCW 11.76.200 — Washington Code / Title 11 / Chapter 76 / Section 200
RCW 11.76.200: Agent for absentee distributee.
Status: in_force

When any estate has been or is about to be distributed by decree of the court as provided in this chapter, to any person who has not been located, the court shall appoint an agent for the purpose of representing the interests of such person and of taking possession and charge of said estate for the benefit of such absentee person: PROVIDED, That no public official may be appointed as agent under this section.
RCW 11.04.060 — Washington Code / Title 11 / Chapter 04 / Section 060
RCW 11.04.060: Tenancy in dower and by curtesy abolished.
Status: in_force

The provisions of RCW 11.04.015 , as to the inheritance of the husband and wife from each other take the place of tenancy in dower and tenancy by curtesy, which are hereby abolished.
RCW 11.135.100 — Washington Code / Title 11 / Chapter 135 / Section 100
RCW 11.135.100: Retention of electronic record.
Status: in_force

(1) Except as provided in subsection (2) of this section, if other law of this state requires an electronic nontestamentary estate planning document to be retained, transmitted, copied, or filed, the requirement is satisfied by retaining, transmitting, copying, or filing an electronic record that: (a) Accurately reflects the information in the document after it was first generated in final form as an electronic record or under RCW 11.135.110 ; and (b) Remains accessible to the extent required by the other law. (2) A requirement under subsection (1) of this section to retain a record does not apply to information the sole purpose of which is to enable the record to be sent, communicated, or received. (3) If other law of this state requires a nontestamentary estate planning document to be presented or retained in its original form, or provides consequences if a nontestamentary estate planning document is not presented or retained in its original form, an electronic record retained in accordance with subsection (1) of this section satisfies the other law. (4) This section does not preclude a governmental agency from specifying requirements for the retention of a record subject to the agency's jurisdiction in addition to those in this section. In this subsection, "governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.