RCW 11.80.100 — Washington Code / Title 11 / Chapter 80 / Section 100
RCW 11.80.100: Final distribution—Notice of hearing—Decree.
Status: in_force

Whenever the owner of such property shall have been absent from the county for a space of seven years and his or her whereabouts are unknown and cannot with reasonable diligence be ascertained, his or her presumptive heirs at law or the legatees and devisees under the will, as the case may be, to whom the property has been provisionally distributed, may apply to the court for a decree of final distribution of such property and satisfaction, discharge and exoneration of the bonds given upon provisional distribution. Notice of hearing of such application shall be given in the same manner as notice of hearing of application for the appointment of trustee and for provisional distribution and if at the final hearing it shall appear to the satisfaction of the court that the owner of the property has been absent and unheard of for the space of seven years and his or her whereabouts are unknown, the court shall exonerate the bonds given on provisional distribution and enter a decree of final distribution, distributing the property to the presumptive heirs at law of the absentee or to his or her devisees and legatees, as the case may be.
RCW 11.130.560 — Washington Code / Title 11 / Chapter 130 / Section 560
RCW 11.130.560: Personal liability of conservator.
Status: in_force

(1) Except as otherwise agreed by a conservator, the conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the conservatorship estate unless the conservator fails to reveal the conservator's representative capacity in the contract or before entering into the contract. (2) A conservator is personally liable for an obligation arising from control of property of the conservatorship estate or an act or omission occurring in the course of administration of the conservatorship estate only if the conservator is personally at fault. (3) A claim based on a contract entered into by a conservator in a fiduciary capacity, an obligation arising from control of property included in the conservatorship estate, or a tort committed in the course of administration of the conservatorship estate may be asserted against the conservatorship estate in a proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable for the claim. (4) A question of liability between a conservatorship estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification or another appropriate proceeding or action.
RCW 11.102.010 — Washington Code / Title 11 / Chapter 102 / Section 010
RCW 11.102.010: Funds authorized—Investment—Rules and regulations—"Affiliated" defined.
Status: in_force

Any bank or trust company qualified to act as fiduciary in this state, or in any other state if affiliated with a bank or trust company qualified to act as fiduciary in this state, may establish common trust funds for the purpose of furnishing investments to itself and its affiliated or related bank or trust company as fiduciary, or to itself and its affiliated or related bank or trust company, and others, as cofiduciaries; and may, as such fiduciary or cofiduciary, invest funds which it lawfully holds for investment in interests in such common trust funds, if such investment is not prohibited by the instrument, judgment, decree, or order creating such fiduciary relationship, and if, in the case of cofiduciaries, the bank or trust company procures the consent of its cofiduciary or cofiduciaries to such investment: PROVIDED, That any bank or trust company qualified to act as fiduciary in the state of its charter, which is not a member of the federal reserve system, shall, in the operation of such common trust fund, comply with the rules and regulations as made from time to time by the director of financial institutions in the state where chartered and in Washington the director is hereby authorized and empowered to make such rules and regulations as he or she may deem necessary and proper in the premises. "Affiliated" as used in this section means two or more banks or trust companies: (1) In which twenty-five percent or more of their voting shares, excluding shares owned by the United States or by any company wholly owned by the United States, are directly or indirectly owned or controlled by a holding company; or (2) In which the election of a majority of the directors is controlled in any manner by a holding company.
RCW 11.130.320 — Washington Code / Title 11 / Chapter 130 / Section 320
RCW 11.130.320: Emergency guardian for adult.
Status: in_force

(1) A person interested in an adult's welfare, including the adult for whom the order is sought, may petition for appointment of an emergency guardian for the adult. (2) An emergency petition under subsection (1) of this section must state the petitioner's name, principal residence, and current street address, if different, and, to the extent known, the following: (a) The respondent's name, age, principal residence, and current street address, if different; (b) The name and address of the respondent's: (i) Spouse or domestic partner or, if the respondent has none, an adult with whom the respondent has shared household responsibilities for more than six months in the twelve-month period immediately before the filing of the emergency petition; (ii) Adult children or, if none, each parent and adult sibling of the respondent, or, if none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence; and (iii) Adult stepchildren whom the respondent actively parented during the stepchildren's minor years and with whom the respondent had an ongoing relationship in the two-year period immediately before the filing of the emergency petition; (c) The name and current address of each of the following, if applicable: (i) A person responsible for care of the respondent; (ii) Any attorney currently representing the respondent; (iii) Any representative payee appointed by the social security administration for the respondent; (iv) A guardian or conservator acting for the respondent in this state or in another jurisdiction; (v) A trustee or custodian of a trust or custodianship of which the respondent is a beneficiary; (vi) Any fiduciary for the respondent appointed by the department of veterans affairs; (vii) Any representative payee or authorized representative or protective payee; (viii) An agent designated under a power of attorney for health care in which the respondent is identified as the principal; (ix) An agent designated under a power of attorney for finances in which the respondent is identified as the principal; (x) A person nominated as guardian by the respondent; (xi) A person nominated as guardian by the respondent's parent or spouse or domestic partner in a will or other signed record; (xii) A proposed emergency guardian, and the reason the proposed emergency guardian should be selected; and (xiii) A person known to have routinely assisted the respondent with decision making during the six months immediately before the filing of the emergency petition; (d) The reason an emergency guardianship is necessary, including a specific description of: (i) The nature and extent of the emergency situation; (ii) The nature and extent of the respondent's alleged emergency need that arose because of the emergency situation; (iii) The substantial and irreparable harm to the respondent's health, safety, welfare, or rights that is likely to be prevented by the appointment of an emergency guardian; (iv) All protective arrangements or other less restrictive alternatives that have been considered or implemented to meet the respondent's alleged emergency need instead of emergency guardianship; (v) If no protective arrangements or other less restrictive alternatives have been considered or implemented instead of emergency guardianship, the reason they have not been considered or implemented; and (vi) The reason a protective arrangement or other less restrictive alternative instead of emergency guardianship is insufficient to meet the respondent's alleged emergency need; (e) The reason the petitioner believes that a basis for appointment of a guardian under RCW 11.130.265 exists; (f) Whether the petitioner intends to also seek guardianship for an adult under RCW 11.130.270 ; (g) The reason the petitioner believes that no other person appears to have authority and willingness to act to address the respondent's identified needs caused by the emergency circumstances; (h) The specific powers to be granted to the proposed emergency guardian and a description of how those powers will be used to meet the respondent's alleged emergency need; (i) If the respondent has property other than personal effects, a general statement of the respondent's property, with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts; and (j) Whether the respondent needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings. (3) The requirements of RCW 11.130.090 apply to an emergency guardian appointed for an adult with the following exceptions for any proposed emergency guardian required to complete the training under RCW 11.130.090 : (a) The proposed emergency guardian shall present evidence of the successful completion of the required training video or web cast to the court no later than the hearing on the petition for appointment of an emergency guardian for an adult; and (b) The superior court may defer the completion of the training requirement to a date no later than fourteen days after appointment if the petitioner requests an extension of time to complete the training due to emergent circumstances beyond the control of the petitioner. (4) On its own after a petition has been filed under RCW 11.130.270 , or on petition for appointment of an emergency guardian for an adult, the court may appoint an emergency guardian for the adult if the court makes specific findings based on clear and convincing evidence that: (a) An emergency exists such that appointment of an emergency guardian is likely to prevent substantial and irreparable harm to the adult's physical health, safety, or welfare; (b) The respondent's identified needs caused by the emergency cannot be met by a protective arrangement or other less restrictive alternative instead of emergency guardianship; (c) No other person appears to have authority and willingness to act to address the respondent's identified needs caused by the emergency circumstances; and (d) There is reason to believe that a basis for appointment of a guardian under RCW 11.130.265 exists. (5) If the court acts on its own to appoint an emergency guardian after a petition has been filed under RCW 11.130.270 , all requirements of this section shall be met. (6) A court order appointing an emergency guardian for an adult shall: (a) Grant only the specific powers necessary to meet the adult's identified emergency need and to prevent substantial and irreparable harm to the adult's physical health, safety, or welfare; (b) Include a specific finding that clear and convincing evidence established that an emergency exists such that appointment of an emergency guardian is likely to prevent substantial and irreparable harm to the respondent's health, safety, or welfare; (c) Include a specific finding that the identified emergency need of the respondent cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative, including any relief available under chapter 74.34 RCW or use of appropriate supportive services, technological assistance, or supported decision making; (d) Include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition; (e) State that the adult subject to emergency guardianship retains all rights the adult enjoyed prior to the emergency guardianship with the exception of the rights not retained during the period of emergency guardianship; (f) Include the date that the sixty-day period of emergency guardianship ends, and the date the emergency guardian's report, required by this section, is due to the court; and (g) Identify any person or notice party that subsequently is entitled to: (i) Notice of the rights of the adult; (ii) Notice of a change in the primary dwelling of the adult; (iii) Notice of the removal of the guardian; (iv) A copy of the emergency guardian's plan and the emergency guardian's report under this section; (v) Access to court records relating to the emergency guardianship; (vi) Notice of the death or significant change in the condition of the adult; (vii) Notice that the court has limited or modified the powers of the emergency guardian; and (viii) Notice of the removal of the emergency guardian. (7) A spouse, a domestic partner, and adult children of an adult subject to emergency guardianship are entitled to notice under this section unless the court orders otherwise based on good cause. Good cause includes the court's determination that notice would be contrary to the preferences or prior directions of the adult subject to emergency guardianship or not in the best interest of the adult subject to the emergency guardianship. (8) The duration of authority of an emergency guardian for an adult may not exceed sixty days, and the emergency guardian may exercise only the powers specified in the order of appointment. Upon a motion by the petitioner, adult subject to emergency guardianship, court visitor, or the emergency guardian, with notice served upon all applicable notice parties, the emergency guardian's authority may be extended once for not more than sixty days if the court finds that the conditions for appointment of an emergency guardian in subsection (4) of this section continue. (9) Immediately on filing of a petition for appointment of an emergency guardian for an adult, the court shall appoint an attorney to represent the respondent in the proceeding. Except as otherwise provided in subsection (10) of this section, an order appointing an emergency guardian for the respondent may not be entered unless the respondent, the respondent's attorney, and the court visitor appointed under subsection (11) of this section have received a minimum of fourteen days' notice of the date, time, and place of a hearing on the petition. The petitioner must cause a copy of the emergency petition and notice of a hearing on the petition to be personally served on the respondent, the respondent's attorney, and the court visitor not more than two court days after the petition has been filed. The notice must inform the respondent of the respondent's rights at the hearing, including the right to an attorney and to attend the hearing. The notice must include a description of the nature, purpose, and consequences of granting the emergency petition. The court shall not grant the emergency petition if notice substantially complying with this subsection is not served on the respondent. (10) The court may appoint an emergency guardian for an adult without notice to the adult and any attorney for the adult only if the court finds from an affidavit or testimony that the respondent's physical health, safety, or welfare will be substantially harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency guardian without giving notice under subsection (9) of this section, the court must: (a) Give notice of the appointment not later than forty-eight hours after the appointment to: (i) The respondent; (ii) The respondent's attorney; and (iii) Any other person the court determines; and (b) Schedule and hold a hearing on the appropriateness of the appointment not later than five days after the appointment. (11) On receipt of a petition for appointment of emergency guardian for an adult, the court shall appoint a court visitor. The petitioner must cause notice of appointment of the court visitor to be served upon the court visitor within two days of appointment. The court visitor must be an individual with training or experience in the type of abilities, limitations, and needs alleged in the emergency petition. The court, in the order appointing a court visitor, shall specify the hourly rate the court visitor may charge for his or her services, and shall specify the maximum amount the court visitor may charge without additional court review and approval. (a) The court visitor shall within two days of service of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, the respondent or the respondent's legal counsel, the petitioner or the petitioner's legal counsel, and any notice party with a statement including the court visitor's: Training relating to the duties as a court visitor; criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment; hourly rate, if compensated; contact, if any, with a party to the proceeding prior to appointment; and apparent or actual conflicts of interest. (b) A court visitor appointed under this section shall use due diligence to attempt to interview the respondent in person and, in a manner the respondent is best able to understand: (i) Explain to the respondent the substance of the emergency petition, the nature, purpose, and effect of the proceeding, the respondent's rights at the hearing on the petition, and the proposed specific powers and duties of the proposed guardian as stated in the emergency petition; (ii) Determine the respondent's views about the emergency appointment sought by the petitioner, including views about a proposed emergency guardian, the emergency guardian's proposed powers and duties, and the scope and duration of the proposed emergency guardianship; and (iii) Inform the respondent that all costs and expenses of the proceeding, including but not limited to the respondent's attorneys' fees, the appointed guardian's fees, and the appointed guardian's attorneys' fees, will be paid from the respondent's assets upon approval by the court. (c) The court visitor appointed under this section shall: (i) Interview the petitioner and proposed emergency guardian; (ii) Use due diligence to attempt to visit the respondent's present dwelling; (iii) Use due diligence to attempt to obtain information from any physician or other person known to have treated, advised, or assessed the respondent's relevant physical or mental condition; and (iv) Investigate the allegations in the emergency petition and any other matter relating to the emergency petition the court directs. (d) A court visitor appointed under this section shall file a report in a record with the court and provide a copy of the report to the respondent, petitioner, and any notice party at least seven days prior to the hearing on the emergency petition, which must include: (i) A summary of self-care and independent living tasks the respondent can manage without assistance or with existing supports, could manage with the assistance of appropriate supportive services, technological assistance, or supported decision making, and cannot manage; (ii) A recommendation regarding the appropriateness of emergency guardianship, including whether a protective arrangement instead of guardianship or other less restrictive alternative for meeting the respondent's needs is available, and if an emergency guardianship is recommended; (iii) A detailed summary of the alleged emergency and the substantial and irreparable harm to the respondent's health, safety, welfare, or rights that is likely to be prevented by the appointment of an emergency guardian; (iv) A statement as to whether the alleged emergency and the respondent's alleged needs are likely to require an extension of sixty days as authorized under this section; (v) The specific powers to be granted to the emergency guardian and how the specific powers will address the alleged emergency and the respondent's alleged need; (vi) A recommendation regarding the appropriateness of an ongoing guardianship for an adult, including whether a protective arrangement instead of guardianship or other less restrictive alternative for meeting the respondent's needs is available; (vii) A statement of the qualifications of the proposed emergency guardian and whether the respondent approves or disapproves of the proposed emergency guardian, and the reasons for such approval or disapproval; (viii) A recommendation whether a professional evaluation under RCW 11.130.290 is necessary; (ix) A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held; (x) A statement whether the respondent is able to participate in a hearing which identifies any technology or other form of support that would enhance the respondent's ability to participate; (xi) A statement, as needed when the petition seeks emergency authority to change the respondent's place of dwelling, as to whether the proposed dwelling meets the respondent's needs and whether the respondent has expressed a preference as to residence; and (xii) Any other matter the court directs. (12) An emergency guardian shall: (a) Comply with the requirements of RCW 11.130.325 , the requirements regarding the adult's right to association under RCW 11.130.335 , and the requirements of this chapter that pertain to the rights of an adult subject to guardianship; (b) Not have authority to make decisions or take actions that a guardian for an adult is prohibited by law from having; and (c) Be subject to the same special limitations on a guardian's power that apply to a guardian for an adult. (13) Appointment of an emergency guardian under this section is not a determination that a basis exists for appointment of a guardian under RCW 11.130.265 . (14) The court may remove an emergency guardian appointed under this section at any time. (15) The emergency guardian shall file a report in a record with the court and provide a copy of the report to the adult subject to emergency guardianship, and any notice party no later than forty-five days after appointment. The report shall include specific and updated information regarding the emergency alleged in the emergency petition, the adult's emergency needs, all actions and decisions by the emergency guardian, and a recommendation as to whether a guardian for an adult should be appointed. If the appointment of the emergency guardian is extended for an additional sixty days, the emergency guardian shall file a second report in a record with the court and provide a copy of the report to the adult subject to emergency guardianship, and any notice party no later than forty-five days after extension of the appointment is granted by the court, which shall include the same information required for the first report. The emergency guardian shall make any other report the court requires. (16) The court shall issue letters of emergency guardianship to the emergency guardian in compliance with RCW 11.130.040 . Such letters shall be issued on an expedited basis.
RCW 11.130.725 — Washington Code / Title 11 / Chapter 130 / Section 725
RCW 11.130.725: Term.
Status: in_force

(1) Except as provided by subsection (2) of this section, the supported decision-making agreement extends until terminated by either party or by the terms of the agreement. (2) The supported decision-making agreement is terminated if: (a) The department of social and health services finds that the adult with a disability has been abused, neglected, or exploited by the supporter; (b) The supporter is found criminally liable for conduct described in (a) of this subsection; (c) The person with a disability gives notice to the supporter orally, in writing, through an assistive technology device, or by any other means or act showing a specific intent to terminate the agreement; or (d) The supporter provides written notice of the supporter's resignation to the person with a disability. If a supported decision-making agreement includes more than one supporter, each supporter can terminate the agreement only as to that supporter.
RCW 11.84.170 — Washington Code / Title 11 / Chapter 84 / Section 170
RCW 11.84.170: Abuser—When entitled to property interest.
Status: in_force

Notwithstanding the provisions of this chapter: (1) An abuser is entitled to acquire or receive an interest in property or any other benefit described in this chapter if the court determines by clear, cogent, and convincing evidence that the decedent: (a) Knew of the financial exploitation; and (b) Subsequently ratified his or her intent to transfer the property interest or benefit to that person. (2) The court may consider the record of proceedings and in its discretion allow an abuser to acquire or receive an interest in property or any other benefit described in this chapter in any manner the court deems equitable. In determining what is equitable, the court may consider, among other things: (a) The various elements of the decedent's dispositive scheme; (b) The decedent's likely intent given the totality of the circumstances; and (c) The degree of harm resulting from the abuser's financial exploitation of the decedent.
RCW 11.12.470 — Washington Code / Title 11 / Chapter 12 / Section 470
RCW 11.12.470: Electronic wills—Qualified custodians—Duties.
Status: in_force

(1) The qualified custodian of an electronic will shall, within 30 days after he or she receives knowledge of the death of the testator: (a) Deliver said electronic will to the court having jurisdiction or to the person named in the electronic will as executor; and (b) Make an affidavit before any person authorized to administer oaths, stating (i) the manner in which the qualified custodian received the electronic will; (ii) that the electronic will was at all times in the custody of the qualified custodian; and (iii) that the electronic will in the possession of the qualified custodian has not been altered in any way since the custodian received the electronic will. Such affidavit must be delivered with the electronic will to the court having jurisdiction or the person named as executor under the electronic will. (2) Any person who willfully violates any of the provisions of this section is liable to any party aggrieved for the damages which may be sustained by such violation.
RCW 11.42.070 — Washington Code / Title 11 / Chapter 42 / Section 070
RCW 11.42.070: Claims—Form—Manner of presentation—Waiver of defects.
Status: in_force

(1) The claimant, the claimant's attorney, or the claimant's agent shall sign the claim and include in the claim the following information: (a) The name and address of the claimant; (b) The name, address, if different from that of the claimant, and nature of authority of an agent signing the claim on behalf of the claimant; (c) A statement of the facts or circumstances constituting the basis of the claim; (d) The amount of the claim; and (e) If the claim is secured, unliquidated, contingent, or not yet due, the nature of the security, the nature of the uncertainty, or the date when it will become due. Failure to describe correctly the information in (c), (d), or (e) of this subsection, if the failure is not substantially misleading, does not invalidate the claim. (2) A claim does not need to be supported by affidavit. (3) A claim must be presented within the time limits set forth in RCW 11.42.050 by: (a) Serving on or mailing to, by regular first-class mail, the notice agent or the notice agent's attorney a copy of the signed claim; and (b) filing the original of the signed claim with the court in which the notice agent's declaration and oath were filed. A claim is deemed presented upon the later of the date of postmark or service on the notice agent, or the notice agent's attorney, and filing with the court. (4) Notwithstanding any other provision of this chapter, if a claimant makes a written demand for payment within the time limits set forth in RCW 11.42.050 , the notice agent may waive formal defects and elect to treat the demand as a claim properly filed under this chapter if: (a) The claim was due; (b) the amount paid was the amount of indebtedness over and above all payments and offsets; (c) the estate is solvent; and (d) the payment is made in good faith. Nothing in this chapter limits application of the doctrines of waiver, estoppel, or detrimental claims or any other equitable principle.
RCW 11.84.070 — Washington Code / Title 11 / Chapter 84 / Section 070
RCW 11.84.070: Property subject to divestment, etc.
Status: in_force

Any interest in property whether vested or not, held by the slayer or abuser, subject to be divested, diminished in any way or extinguished, if the decedent survives him or her or lives to a certain age, shall be held by the slayer or abuser during his or her lifetime or until the decedent would have reached such age, but shall then pass as if the decedent had died immediately thereafter.
RCW 11.140.005 — Washington Code / Title 11 / Chapter 140 / Section 005
RCW 11.140.005: Short title.
Status: in_force

This chapter may be known and cited as the Washington uniform custodial trust act.
RCW 11.96A.220 — Washington Code / Title 11 / Chapter 96A / Section 220
RCW 11.96A.220: Binding agreement.
Status: in_force

RCW 11.96A.210 through 11.96A.250 shall be applicable to the resolution of any matter, as defined by RCW 11.96A.030 , other than matters subject to chapter 11.130 RCW, or a trust for a minor or other incapacitated person created at its inception by the judgment or decree of a court unless the judgment or decree provides that RCW 11.96A.210 through 11.96A.250 shall be applicable. If all parties agree to a resolution of any such matter, then the agreement shall be evidenced by a written agreement signed by all parties. Subject to the provisions of RCW 11.96A.240 , the written agreement shall be binding and conclusive on all persons interested in the estate, trust, nonprobate asset, other property passing at death, or custodial property. The agreement shall identify the subject matter of the dispute and the parties. If the agreement or a memorandum of the agreement is to be filed with the court under RCW 11.96A.230 , the agreement may, but need not, include provisions specifically addressing jurisdiction, governing law, the waiver of notice of the filing as provided in RCW 11.96A.230 , and the discharge of any special representative who has acted with respect to the agreement. If a party who virtually represents another under RCW 11.96A.120 signs the agreement, then the party's signature constitutes the signature of all persons whom the party virtually represents, and all the virtually represented persons shall be bound by the agreement.
RCW 11.130.175 — Washington Code / Title 11 / Chapter 130 / Section 175
RCW 11.130.175: Guardianships involving veterans.
Status: in_force

For guardianships involving veterans see chapter 73.36 RCW.
RCW 11.130.340 — Washington Code / Title 11 / Chapter 130 / Section 340
RCW 11.130.340: Guardian's plan.
Status: in_force

(1) A guardian for an adult, not later than ninety days after appointment, shall file with the court a plan for the care of the adult and shall provide a copy of the plan to the adult subject to guardianship and any other notice party. The plan must be based on the needs of the adult and take into account the best interest of the adult as well as the adult's preferences, values, and prior directions, to the extent known to or reasonably ascertainable by the guardian. The guardian shall include in the plan: (a) The living arrangement, services, and supports the guardian expects to arrange, facilitate, or continue for the adult; (b) Social and educational activities the guardian expects to facilitate on behalf of the adult; (c) Any person with whom the adult has a close personal relationship or relationship involving regular visitation and any plan the guardian has for facilitating visits with the person; (d) The anticipated nature and frequency of the guardian's visits and communication with the adult; (e) Goals for the adult, including any goal related to the restoration of the adult's rights, and how the guardian anticipates achieving the goals; (f) Whether the adult has an existing plan and, if so, whether the guardian's plan is consistent with the adult's plan; and (g) A statement or list of the amount the guardian proposes to charge for each service the guardian anticipates providing to the adult. (2) A guardian shall give notice of the filing of the guardian's plan under subsection (1) of this section, together with a copy of the plan, to the adult subject to guardianship and any other notice party. The notice must include a statement of the right to object to the plan and be given not later than fourteen days after the filing. (3) An adult subject to guardianship and any person entitled under subsection (2) of this section to receive notice and a copy of the guardian's plan may object to the plan. (4) The court shall review the guardian's plan filed under subsection (1) of this section and determine whether to approve the plan or require a new plan. In deciding whether to approve the plan, the court shall consider an objection under subsection (3) of this section and whether the plan is consistent with the guardian's duties and powers under RCW 11.130.325 and 11.130.330 . The court may not approve the plan until thirty days after its filing. (5) After the guardian's plan filed under this section is approved by the court, the guardian shall provide a copy of the order approving the plan to the adult subject to guardianship and any other notice party.
RCW 11.125.070 — Washington Code / Title 11 / Chapter 125 / Section 070
RCW 11.125.070: Power of attorney—Meaning and effect.
Status: in_force

The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
RCW 11.114.160 — Washington Code / Title 11 / Chapter 114 / Section 160
RCW 11.114.160: Exemption of third person from liability.
Status: in_force

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian or successor custodian and, in the absence of knowledge, is not responsible for determining: (1) The validity of the purported custodian's designation; (2) The propriety of, or the authority under this chapter for, any act of the purported custodian; (3) The validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or (4) The propriety of the application of any property of the minor delivered to the purported custodian.
RCW 11.130.435 — Washington Code / Title 11 / Chapter 130 / Section 435
RCW 11.130.435: Powers of conservator requiring court approval.
Status: in_force

(1) Except as otherwise ordered by the court, a conservator must give notice to persons entitled to notice under RCW 11.130.370 (4) and receive specific authorization by the court before the conservator may exercise with respect to the conservatorship the power to: (a) Make a gift, except a gift of de minimis value; (b) Sell, encumber an interest in, or surrender a lease to the primary dwelling of the individual subject to conservatorship; (c) Sell, or encumber an interest in, any other real estate; (d) Convey, release, or disclaim a contingent or expectant interest in property, including marital property and any right of survivorship incident to joint tenancy or tenancy by the entireties; (e) Exercise or release a power of appointment; (f) Create a revocable or irrevocable trust of property of the conservatorship estate, whether or not the trust extends beyond the duration of the conservatorship, or revoke or amend a trust revocable by the individual subject to conservatorship; (g) Exercise a right to elect an option or change a beneficiary under an insurance policy or annuity or surrender the policy or annuity for its cash value; (h) Exercise a right to a quasi-community property share under RCW 26.16.230 or a right to an elective share under other law in the estate of a deceased spouse or domestic partner of the individual subject to conservatorship or renounce or disclaim a property interest; (i) Grant a creditor priority for payment over creditors of the same or higher class if the creditor is providing property or services used to meet the basic living and care needs of the individual subject to conservatorship and preferential treatment otherwise would be impermissible under RCW 11.130.555 (5); (j) Make, modify, amend, or revoke the will of the individual subject to conservatorship in compliance with chapter 11.12 RCW; (k) Acquire or dispose of property, including real property in another state, for cash or on credit, at public or private sale, and manage, develop, improve, exchange, partition, change the character of, or abandon property. In all transactions involving the sale of real property, the conservator shall receive additional authority from the court as to the disposition of the proceedings from the sale of the real property; (l) Make ordinary or extraordinary repairs or alterations in a building or other structure, demolish any improvement, or raze an existing or erect a new party wall or building; (m) Subdivide or develop land, dedicate land to public use, make or obtain the vacation of a plat and adjust a boundary, adjust a difference in valuation of land, exchange or partition land by giving or receiving consideration, and dedicate an easement to public use without consideration; (n) Enter for any purpose into a lease of property as lessor or lessee, with or without an option to purchase or renew, for a term within or extending beyond the term of the conservatorship; and (o) Structure the finances of the individual subject to conservatorship to establish eligibility for a public benefit including by making gifts consistent with the individual's preferences, values, and prior directions, if the conservator's action does not jeopardize the individual's welfare and otherwise is consistent with the conservator's duties. (2) In approving a conservator's exercise of a power listed in subsection (1) of this section, the court shall consider primarily the decision the individual subject to conservatorship would make if able, to the extent the decision can be ascertained. (3) To determine under subsection (2) of this section the decision the individual subject to conservatorship would make if able, the court shall consider the individual's prior or current directions, preferences, opinions, values, and actions, to the extent actually known or reasonably ascertainable by the conservator. The court also shall consider: (a) The financial needs of the individual subject to conservatorship and individuals who are in fact dependent on the individual subject to conservatorship for support, and the interests of creditors of the individual; (b) Possible reduction of income, estate, inheritance, or other tax liabilities; (c) Eligibility for governmental assistance; (d) The previous pattern of giving or level of support provided by the individual; (e) Any existing estate plan or lack of estate plan of the individual; (f) The life expectancy of the individual and the probability the conservatorship will terminate before the individual's death; and (g) Any other relevant factor. (4) A conservator may not revoke or amend a power of attorney for finances executed by the individual subject to conservatorship. If a power of attorney for finances is in effect, a decision of the agent within the scope of the agent's authority takes precedence over that of the conservator, unless the court orders otherwise. The court has authority to revoke or amend any power of attorney executed by the adult.
RCW 11.12.010 — Washington Code / Title 11 / Chapter 12 / Section 010
RCW 11.12.010: Who may make a will.
Status: in_force

Any person of sound mind who has attained the age of eighteen years may, by last will, devise all his or her estate, both real and personal. All wills executed subsequent to September 16, 1940, and which meet the requirements of this section are hereby validated and shall have all the force and effect of wills executed subsequent to the taking effect of this section.
RCW 11.140.070 — Washington Code / Title 11 / Chapter 140 / Section 070
RCW 11.140.070: General duties of custodial trustee.
Status: in_force

(1) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property. (2) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise. (3) Subject to subsection (2) of this section, a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property. (4) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control, separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account in the name of the custodial trustee, designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act." (5) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary. (6) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.
RCW 11.130.250 — Washington Code / Title 11 / Chapter 130 / Section 250
RCW 11.130.250: Application of the Indian child welfare act.
Status: in_force

(1) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the child is or may be an Indian child as defined in RCW 13.38.040 . If the child is an Indian child, chapter 13.38 RCW shall apply. (2) Every order or decree entered in any proceeding under this chapter shall contain a finding that the federal Indian child welfare act or chapter 13.38 RCW does or does not apply. Where there is a finding that the federal Indian child welfare act or chapter 13.38 RCW does apply, the decree or order must also contain a finding that all notice, evidentiary requirements, and placement preferences under the federal Indian child welfare act and chapter 13.38 RCW have been satisfied.
RCW 11.130.720 — Washington Code / Title 11 / Chapter 130 / Section 720
RCW 11.130.720: Authority of supporter.
Status: in_force

A supporter may exercise the authority granted to the supporter in the supported decision-making agreement.
RCW 11.130.270 — Washington Code / Title 11 / Chapter 130 / Section 270
RCW 11.130.270: Petition for appointment of guardian for adult.
Status: in_force

(1) A person interested in an adult's welfare, including the adult for whom the order is sought, may petition for appointment of a guardian for the adult. (2) A person interested in the welfare of a minor who, within 45 days of the filing of the petition, will attain the age of majority, may petition for appointment of a guardian for the minor. The minor may petition on the minor's own behalf. (3) A petition under subsection (1) or (2) of this section must state the petitioner's name, principal residence, current street address, if different, relationship to the respondent, interest in the appointment, the name and address of any attorney representing the petitioner, and, to the extent known, the following: (a) The respondent's name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed the respondent will reside if the petition is granted; (b) The name and address of the respondent's: (i) Spouse or domestic partner or, if the respondent has none, an adult with whom the respondent has shared household responsibilities for more than six months in the 12-month period immediately before the filing of the petition; (ii) Adult children or, if none, each parent and adult sibling of the respondent, or, if none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence; (iii) Adult stepchildren whom the respondent actively parented during the stepchildren's minor years and with whom the respondent had an ongoing relationship in the two-year period immediately before the filing of the petition; and (iv) Parents, if living and involved in the respondent's life; (c) The name and current address of each of the following, if applicable: (i) A person responsible for care of the respondent; (ii) Any attorney currently representing the respondent; (iii) Any representative payee appointed by the social security administration for the respondent; (iv) A guardian or conservator acting for the respondent in this state or in another jurisdiction; (v) A trustee or custodian of a trust or custodianship of which the respondent is a beneficiary; (vi) Any fiduciary for the respondent appointed by the department of veterans affairs; (vii) An agent designated under a power of attorney for health care in which the respondent is identified as the principal; (viii) An agent designated under a power of attorney for finances in which the respondent is identified as the principal; (ix) A person nominated as guardian by the respondent; (x) A person nominated as guardian by the respondent's parent or spouse or domestic partner in a will or other signed record; (xi) A proposed guardian and the reason the proposed guardian should be selected; and (xii) A person known to have routinely assisted the respondent with decision making during the six months immediately before the filing of the petition; (d) The reason a guardianship is necessary, including a brief description of: (i) The nature and extent of the respondent's alleged need; (ii) Any protective arrangement instead of guardianship or other less restrictive alternatives for meeting the respondent's alleged need which have been considered or implemented; (iii) If no protective arrangement instead of guardianship or other less restrictive alternatives have been considered or implemented, the reason they have not been considered or implemented; and (iv) The reason a protective arrangement instead of guardianship or other less restrictive alternative is insufficient to meet the respondent's alleged need; (e) Whether the petitioner seeks a limited guardianship or full guardianship; (f) If the petitioner seeks a full guardianship, the reason a limited guardianship or protective arrangement instead of guardianship is not appropriate; (g) If a limited guardianship is requested, the powers to be granted to the guardian; (h) The name and current address, if known, of any person with whom the petitioner seeks to limit the respondent's contact; (i) If the respondent has property other than personal effects, a general statement of the respondent's property, with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts; and (j) Whether the respondent needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings.
RCW 11.76.170 — Washington Code / Title 11 / Chapter 76 / Section 170
RCW 11.76.170: Action on claim not acted on—Contribution.
Status: in_force

If, after the accounts of the personal representative have been settled and the property distributed, it shall appear that there is a creditor or creditors whose claim or claims have been duly filed and not paid or disallowed, the said claim or claims shall not be a lien upon any of the property distributed, but the said creditor or creditors shall have a cause of action against the personal representative and his or her bond, for such an amount as such creditor or creditors would have been entitled to receive had the said claim been duly allowed and paid, and shall also have a cause of action against the distributees and creditors for a contribution from them in proportion to the amount which they have received. If the personal representative or his or her sureties be required to make any payment in this section provided for, he or she or they shall have a right of action against said distributees and creditors to compel them to contribute their just share.
RCW 11.130.325 — Washington Code / Title 11 / Chapter 130 / Section 325
RCW 11.130.325: Duties of guardian for adult.
Status: in_force

(1) A guardian for an adult is a fiduciary and owes the highest duty of good faith and care to the person under a guardianship. The guardian shall not substitute his or her moral or religious values, opinions, or philosophical beliefs for those of the person under a guardianship. Except as otherwise limited by the court, a guardian for an adult shall make decisions regarding the support, care, education, health, and welfare of the adult subject to guardianship to the extent necessitated by the adult's limitations. (2) A guardian for an adult shall promote the self-determination of the adult and, to the extent reasonably feasible, encourage the adult to participate in decisions, act on the adult's own behalf, and develop or regain the capacity to manage the adult's personal affairs. In furtherance of this duty, the guardian shall: (a) Become or remain personally acquainted with the adult and maintain sufficient contact with the adult, including through regular visitation, to know the adult's abilities, limitations, needs, opportunities, and physical and mental health; (b) To the extent reasonably feasible, identify the values and preferences of the adult and involve the adult in decisions affecting the adult, including decisions about the adult's care, dwelling, activities, or social interactions; and (c) Make reasonable efforts to identify and facilitate supportive relationships and services for the adult. (3) A guardian for an adult at all times shall exercise reasonable care, diligence, and prudence when acting on behalf of or making decisions for the adult. In furtherance of this duty, the guardian shall: (a) Take reasonable care of the personal effects, pets, and service or support animals of the adult and bring a proceeding for a conservatorship or protective arrangement instead of conservatorship if necessary to protect the adult's property; (b) Expend funds and other property of the adult received by the guardian for the adult's current needs for support, care, education, health, and welfare; (c) Conserve any funds and other property of the adult not expended under (b) of this subsection for the adult's future needs, but if a conservator has been appointed for the adult, pay the funds and other property at least quarterly to the conservator to be conserved for the adult's future needs; and (d) Monitor the quality of services, including long-term care services, provided to the adult. (4) In making a decision for an adult subject to guardianship, the guardian shall make the decision the guardian reasonably believes the adult would make if the adult were able unless doing so would unreasonably harm or endanger the welfare or personal or financial interests of the adult. To determine the decision the adult subject to guardianship would make if able, the guardian shall consider the adult's previous or current directions, preferences, opinions, values, and actions, to the extent actually known or reasonably ascertainable by the guardian. (5) If a guardian for an adult cannot make a decision under subsection (4) of this section because the guardian does not know and cannot reasonably determine the decision the adult probably would make if able, or the guardian reasonably believes the decision the adult would make would unreasonably harm or endanger the welfare or personal or financial interests of the adult, the guardian shall act in accordance with the best interests of the adult. In determining the best interests of the adult, the guardian shall consider: (a) Information received from professionals and persons that demonstrate sufficient interest in the welfare of the adult; (b) Other information the guardian believes the adult would have considered if the adult were able to act; and (c) Other factors a reasonable person in the circumstances of the adult would consider, including consequences for others. (6) A guardian for an adult immediately shall notify the court if the condition of the adult has changed so that the adult is capable of exercising rights previously removed. (7) The guardian shall file with the court within thirty days of any substantial change in the condition of the person under guardianship or any changes in the residence of the person under guardianship and shall provide a copy of the notice to the adult subject to guardianship, a person entitled to notice under RCW 11.130.310 (5) or a subsequent order, and any other person the court has determined is entitled to notice. (8) To inform any person entitled to notice under RCW 11.130.310 (5) or a subsequent order, and any other person the court has determined is entitled to notice, but in no case more than five business days, after the person subject to guardianship: (a) Makes a change in residence that is intended or likely to last more than fourteen calendar days; (b) Has been admitted to a medical facility for acute care in response to a life-threatening injury or medical condition that requires inpatient care; (c) Has been treated in an emergency room setting or kept for hospital observation for more than twenty-four hours; or (d) Dies, in which case the notification must be made in person, by telephone, or by certified mail.
RCW 11.90.460 — Washington Code / Title 11 / Chapter 90 / Section 460
RCW 11.90.460: Application of the federal electronic signatures in global and national commerce act.
Status: in_force

This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 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 11.103.050 — Washington Code / Title 11 / Chapter 103 / Section 050
RCW 11.103.050: Limitation on action contesting validity of revocable trust—Distribution of trust property.
Status: in_force

(1) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the trustor's death within the earlier of: (a) Twenty-four months after the trustor's death; or (b) Four months after the trustee sent to the person by personal service, mail, 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 , a notice including: (i) The name and date of the trust; (ii) The identity of the trustor or trustors; (iii) The trustee's name, address, and telephone number; and (iv) Notice of the time allowed for commencing a proceeding. (2) Upon the death of the trustor of a trust that was revocable at the trustor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust, unless: (a) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or (b) A potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within sixty days after the contestant sent the notification. (3) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.
RCW 11.72.002 — Washington Code / Title 11 / Chapter 72 / Section 002
RCW 11.72.002: Delivery of specific property to distributee before final decree.
Status: in_force

Upon application of the personal representative, with or without notice as the court may direct, the court may order the personal representative to deliver to any distributee who consents to it, possession of any specific real or personal property to which he or she is entitled under the terms of the will or by intestacy, provided that other distributees and claimants are not prejudiced thereby. The court may at any time prior to the decree of final distribution order him or her to return such property to the personal representative, if it is for the best interests of the estate. The court may require the distributee to give security for such return.
RCW 11.32.060 — Washington Code / Title 11 / Chapter 32 / Section 060
RCW 11.32.060: To render account.
Status: in_force

The special administrator shall also render an account, under oath, of his or her proceedings, in like manner as other administrators are required to do.Whenever an interment of the human remains of a member or of a relative of a member of the family of the record owner or of the remains of the record owner is made in a plot transferred by deed or certificate of ownership to an individual owner and both the owner and the surviving spouse or state registered domestic partner, if any, die with children then living without making disposition of the plot either by a specific devise, or by a written declaration filed and recorded in the office of the cemetery authority, the plot shall thereafter be held as a family plot and shall be subject to sale only upon agreement of the children of the owner living at the time of sale.
RCW 11.54.008 — Washington Code / Title 11 / Chapter 54 / Section 008
RCW 11.54.008: Property of decedent exempt from legal process remains exempt—Additional designated property.
Status: in_force

(1) Any homestead or other property exempt from attachment, execution, and forced sale under Title 6 RCW immediately before a decedent's death remains exempt from attachment, execution, and forced sale for the debts of the decedent and the debts of the community composed of the decedent and the decedent's spouse or registered domestic partner that arose before the decedent's death, up to the amount specified in RCW 11.54.020 (1), except as otherwise provided in Title 6 RCW or in this chapter. (2) If the decedent resided or was domiciled in the state of Washington when the decedent died, and either: (a) No homestead or other property was exempt from attachment, execution, and forced sale under Title 6 RCW immediately before the decedent's death; or (b) The total value of the property exempted from the claims of creditors under subsection (1) of this section or under the laws of another state (together with the value of any separate property of the decedent's surviving spouse or surviving registered domestic partner that is exempt from attachment, execution, and forced sale for the debts of the decedent's surviving spouse or surviving registered domestic partner) is less than the amount specified in RCW 11.54.020 (1)(b); then the court shall designate other property of the estate, either community or separate, that, when added to the value of: (i) The property exempted under subsection (1) of this section; (ii) the property exempted from attachment, execution, and forced sale under the laws of another state; and (iii) the separate property of the decedent's surviving spouse or surviving registered domestic partner that is exempt from attachment, execution, and forced sale for the debts of the decedent's surviving spouse or surviving registered domestic partner, has an aggregate value that does not exceed the amount specified in RCW 11.54.020 (1)(b). This additional designated property, together with any additional award that a court may grant for family support under RCW 11.54.040 , shall also be exempt from attachment, execution, and forced sale for the debts of the decedent and the debts of the community composed of the decedent and the decedent's spouse or registered domestic partner that arose before the decedent's death, except as otherwise provided in this chapter.
RCW 11.98B.050 — Washington Code / Title 11 / Chapter 98B / Section 050
RCW 11.98B.050: Trust director—Power of direction.
Status: in_force

(1) Subject to RCW 11.98B.060 , the terms of a trust may grant a power of direction to a trust director. (2) Unless the terms of a trust provide otherwise: (a) A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (1) of this section; and (b) Trust directors with joint powers must act by majority decision.
RCW 11.125.120 — Washington Code / Title 11 / Chapter 125 / Section 120
RCW 11.125.120: Reimbursement of expenses for agents.
Status: in_force

Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to reasonable compensation.
RCW 11.95A.450 — Washington Code / Title 11 / Chapter 95A / Section 450
RCW 11.95A.450: Power to contract—Power of appointment not presently exercisable.
Status: reserved

A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder: (1) Is also the donor of the power; and (2) Has reserved the power in a revocable trust.
RCW 11.96A.190 — Washington Code / Title 11 / Chapter 96A / Section 190
RCW 11.96A.190: Execution upon trust income or vested remainder—Permitted, when.
Status: in_force

Nothing in RCW 6.32.250 shall forbid execution upon the income of any trust created by a person other than the judgment debtor for debt arising through the furnishing of the necessities of life to the beneficiary of such trust; or as to such income forbid the enforcement of any order of the superior court requiring the payment of support for the children under the age of eighteen of any beneficiary; or forbid the enforcement of any order of the superior court subjecting the vested remainder of any such trust upon its expiration to execution for the debts of the remainderman.
RCW 11.104B.450 — Washington Code / Title 11 / Chapter 104B / Section 450
RCW 11.104B.450: Disbursements—Income taxes.
Status: in_force

(1) A tax required to be paid by a fiduciary based on receipts allocated to income must be charged to income. (2) A tax required to be paid by a fiduciary based on receipts allocated to principal must be charged to principal, even if the tax is called an income tax by the taxing authority. (3) A tax required to be paid by a fiduciary on a share of an entity's taxable income must be charged: (a) To income to the extent that receipts from the entity are allocated only to income; (b) To principal to the extent that receipts from the entity are allocated only to principal; (c) Proportionately to income and principal to the extent that receipts from the entity are allocated to both income and principal. (4) Before applying subsections (1) through (3) of this section, the trustee must adjust income or principal receipts by the distributions to a beneficiary for which the trust receives an income tax deduction.
RCW 11.12.030 — Washington Code / Title 11 / Chapter 12 / Section 030
RCW 11.12.030: Signature of testator at his or her direction—Signature by mark.
Status: in_force

Every person who shall sign the testator's or testatrix's name to any will by his or her direction shall subscribe his or her own name to such will and state that he or she subscribed the testator's name at his or her request: PROVIDED, That such signing and statement shall not be required if the testator shall evidence the approval of the signature so made at his or her request by making his or her mark on the will.
RCW 11.130.445 — Washington Code / Title 11 / Chapter 130 / Section 445
RCW 11.130.445: Bond—Alternative verified receipt.
Status: in_force

(1) Except as otherwise provided in subsections (3) and (4) of this section, the court shall require a conservator to furnish a bond with a surety the court specifies, or require a verified receipt, conditioned on faithful discharge of all duties of the conservator. The court may waive the requirement only if the court finds that a bond or other verified receipt is not necessary to protect the interests of the individual subject to conservatorship. Except as otherwise provided in subsections (3) and (4) of this section, the court may not waive the requirement if the conservator is in the business of serving as a conservator and is being paid for the conservator's service. (2) Unless the court directs otherwise, the bond required under this section must be in the amount of the aggregate capital value of the conservatorship estate, plus the estimated income for the accounting and report review interval, less the value of property deposited under a verified receipt requiring a court order for its removal and real property the conservator lacks power to sell or convey without specific court authorization. The court, in place of surety on a bond, may accept collateral for the performance of the bond, including a pledge of securities or a mortgage of real property. (3) A regulated financial institution qualified to do trust business in this state is not required to give a bond under this section. (4) In all conservatorships where the person subject to conservatorship has total assets of a value of less than three thousand dollars, the court may dispense with the requirement of a bond: PROVIDED, That the conservator swears to report to the court any changes in the total assets of the person subject to conservatorship increasing their value to over three thousand dollars: PROVIDED FURTHER, That the conservator files a yearly statement showing the monthly income of the person subject to conservatorship if such monthly income, excluding moneys from state or federal benefits, is over the sum of five hundred dollars per month for any three consecutive months.
RCW 11.02.130 — Washington Code / Title 11 / Chapter 02 / Section 130
RCW 11.02.130: Safe deposit repository—Lease provision ineffective to create joint tenancy or transfer at one lessee's death.
Status: in_force

A provision in a lease of a safety deposit repository to the effect that two or more persons have access to the repository, or that purports to create a joint tenancy in the repository or in the contents of the repository, or that purports to vest ownership of the contents of the repository in the surviving lessee, is ineffective to create joint ownership of the contents of the repository or to transfer ownership at death of one of the lessees to the survivor. Ownership of the contents of the repository and devolution of title to those contents is determined according to rules of law without regard to the lease provisions.
RCW 11.40.060 — Washington Code / Title 11 / Chapter 40 / Section 060
RCW 11.40.060: Claims involving liability or casualty insurance—Limitations—Exceptions to time limits.
Status: in_force

The time limitations for presenting claims under this chapter do not accrue to the benefit of any liability or casualty insurer. Claims against the decedent or the decedent's marital community that can be fully satisfied by applicable insurance coverage or proceeds need not be presented within the time limitation of RCW 11.40.051 , but the amount of recovery cannot exceed the amount of the insurance. The claims may at any time be presented as provided in RCW 11.40.070 , subject to the otherwise relevant statutes of limitations, and do not constitute a cloud, lien, or encumbrance upon the title to the decedent's probate or nonprobate assets nor delay or prevent the conclusion of probate proceedings or the transfer or distribution of assets of the estate. This section does not serve to extend any otherwise relevant statutes of limitations.
RCW 11.135.040 — Washington Code / Title 11 / Chapter 135 / Section 040
RCW 11.135.040: Principles of law and equity apply.
Status: in_force

The law of this state and principles of equity applicable to a nontestamentary estate planning document apply to an electronic nontestamentary estate planning document except as modified by this chapter.
RCW 64.28.020 — Washington Code / Title 11 / Chapter 28 / Section 020
RCW 64.28.020: Interest in favor of two or more is interest in common—Exceptions for joint tenancies, partnerships, trustees, etc.—Presumption of community property.
Status: in_force

(1) Every interest created in favor of two or more persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint tenancy, as provided in RCW 64.28.010 , or unless acquired by executors or trustees. (2) Interests in common 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. (3) Subsection (2) of this section applies as of June 9, 1988, to all existing or subsequently created interests in common.Any person interested in a will may file objections in writing to the granting of letters testamentary to the persons named as executors, or any of them, and the objection shall be heard and determined by the court.
RCW 11.90.040 — Washington Code / Title 11 / Chapter 90 / Section 040
RCW 11.90.040: Communications with out-of-state courts.
Status: in_force

(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (2) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred. (2) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
RCW 11.114.090 — Washington Code / Title 11 / Chapter 114 / Section 090
RCW 11.114.090: Form and manner of creating custodial property and effecting transfer.
Status: in_force

(1) Custodial property is created and a transfer is made if: (a) An uncertificated security or a certificated security in registered form is either: (i) Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: " . . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act"; or (ii) Delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (2) of this section; (b) Money is paid or delivered, or a security held in the name of a broker, financial institution, or its nominee is transferred, to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: " . . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act"; (c) The ownership of a life or endowment insurance policy or annuity contract is either: (i) Registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: " . . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act"; or (ii) Assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: " . . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act"; (d) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words: " . . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act"; (e) An interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: " . . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act"; (f) A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either: (i) Issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: " . . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act"; or (ii) Delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: " . . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act"; or (g) An interest in any property not described in (a) through (f) of this subsection is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (2) of this section. (2) An instrument in the following form satisfies the requirements of subsection (1)(a)(ii) and (g) of this section: "TRANSFER UNDER THE WASHINGTON UNIFORM TRANSFERS TO MINORS ACT I, . . . . . . (name of transferor or name and representative capacity if a fiduciary) hereby transfer to . . . . . . (name of custodian), as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act, the following: (insert a description of the custodial property sufficient to identify it). (Electing the following paragraph is optional to the transferor): □ If . . . . . . (name of custodian) is or becomes unable to act or to continue to act as custodian, the alternate or successor custodian shall be the first of the following persons, in order of preference and succession, who is then able and willing to act as custodian: (insert the name(s) of the alternate or successor custodian(s)). 1. . . . . . . 2. . . . . . . 3. . . . . . . (Electing the following paragraph is optional to the transferor): □ I elect to extend the custodianship to the minor's twenty-fifth birthday. i understand that electing to extend custodianship to age twenty-five may cause me to lose my annual exclusion from federal gift tax and that i should consult with an attorney or tax advisor before making this election . Dated: . . . . . . . . (Signature) . . . . . . (name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under the Washington uniform transfers to minors act. Dated: . . . . . . . ." (Signature of Custodian) (3) A transferor shall place the custodian in control of the custodial property as soon as practicable.
RCW 11.68.114 — Washington Code / Title 11 / Chapter 68 / Section 114
RCW 11.68.114: Declaration of completion of probate—Special powers of personal representative to hold reserve and deal with taxing authorities—Notice of filing of declaration—Discharge from liability.
Status: in_force

(1) The personal representative retains the powers to: Deal with the taxing authority of any federal, state, or local government; hold a reserve in an amount not to exceed three thousand dollars, for the determination and payment of any additional taxes, interest, and penalties, and of all reasonable expenses related directly or indirectly to such determination or payment; pay from the reserve the reasonable expenses, including compensation for services rendered or goods provided by the personal representative or by the personal representative's employees, independent contractors, and other agents, in addition to any taxes, interest, or penalties assessed by a taxing authority; receive and hold any credit, including interest, from any taxing authority; and distribute the residue of the reserve to the intended beneficiaries of the reserve; if: (a) In lieu of the statement set forth in RCW 11.68.110 (1)(e), the declaration of completion of probate states that: The personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be closed, except for the determination of taxes and of interest and penalties thereon as permitted under this section; and (b) The notice of the filing of declaration of completion of probate must be in substantially the following form: CAPTION NOTICE OF FILING OF OF DECLARATION OF COMPLETION CASE OF PROBATE NOTICE IS GIVEN that the attached Declaration of Completion of Probate was filed by the undersigned in the above-entitled court on the . . . day of . . . . , . . . .; unless you petition the above-entitled court under chapter 11.96A RCW to enforce your rights, to review the reasonableness of the fees, and/or to compel the personal representative to close the estate under RCW 11.68.100 , within thirty days after the date of the filing of the Declaration of Completion of Probate: (i) The schedule of fees set forth in the Declaration of Completion of Probate will be deemed reasonable and the payment of those fees will be approved; (ii) The Declaration of Completion of Probate will be final and deemed the equivalent of a Decree of Distribution entered under chapter 11.76 RCW; (iii) The acts that the personal representative performed before the Declaration of Completion of Probate was filed will be deemed approved, and the personal representative will be automatically discharged without further order of the court with respect to all such acts; and (iv) The personal representative will retain the power to deal with the taxing authorities, together with $. . . . for the determination and payment of all remaining tax obligations. Only that portion of the reserve that remains after the settlement of any tax liability, and the payment of any expenses associated with such settlement, will be distributed to the persons legally entitled to the reserve. The personal representative (and any bond ensuring the proper action of the personal representative) will be discharged from liability for the settlement of any tax obligations and the distribution of the reserve, and the personal representative's powers will cease, thirty days after the personal representative has mailed to those persons who would have shared in the distribution of the reserve had the reserve remained intact and has filed with the court copies of checks or receipts showing how the reserve was in fact distributed, unless a person with an interest in the reserve petitions the court earlier within the thirty-day period for an order requiring an accounting of the reserve or an order determining the reasonableness, or lack of reasonableness, of distributions made from the reserve. . . . . Personal Representative's Name (2) If the requirements in subsection (1) of this section are met and if no party as defined in RCW 11.96A.030 entitled to notice under RCW 11.68.110 petitions the court under chapter 11.96A RCW to enforce the party's rights, to review the reasonableness of the fees, and/or to compel the personal representative to close the estate under RCW 11.68.100 , within 30 days from the date of filing a declaration of completion of probate, the personal representative is discharged from all liability other than liability relating to the settlement of any tax obligations and the actual distribution of the reserve, at the final date on which a beneficiary could petition the court under subsection (1) of this section, which date is referred to in this section as the "effective date of the declaration of completion." The personal representative is discharged from liability for the settlement of any tax obligations and the distribution of the reserve, the personal representative's powers cease, and the declaration of completion of probate will be final and deemed the equivalent of a decree of distribution entered under chapter 11.76 RCW with respect to the distribution of the reserve, 30 days after the personal representative has mailed to those persons who would have shared in the distribution of the reserve had the reserve remained intact and has filed with the court copies of checks or receipts showing how the reserve was in fact distributed, unless a person with an interest in the reserve petitions the court earlier within the 30-day period for an order requiring an accounting of the reserve or an order determining the reasonableness, or lack of reasonableness, of distributions made from the reserve. If the personal representative has been required to furnish a bond, any bond furnished by the personal representative is automatically discharged upon the final discharge of the personal representative.
RCW 11.120.040 — Washington Code / Title 11 / Chapter 120 / Section 040
RCW 11.120.040: User direction for disclosure of digital assets.
Status: in_force

(1) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record. (2) If a user has not used an online tool to give direction under subsection (1) of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user. (3) A user's direction under subsection (1) or (2) of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms-of-service agreement.
RCW 11.130.180 — Washington Code / Title 11 / Chapter 130 / Section 180
RCW 11.130.180: 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 relative 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 11.54.001 — Washington Code / Title 11 / Chapter 54 / Section 001
RCW 11.54.001: Purpose—Applicability.
Status: in_force

(1) The purposes of this chapter are: (a) To clarify the exemptions from attachment, execution, and forced sale that apply after a decedent's death; (b) To establish a procedure for allocating the exempt property among claimants; and (c) To establish a procedure by which the decedent's surviving spouse, surviving registered domestic partner, or surviving dependent children may request basic financial support during the pendency of any proceedings under this title relating to the decedent's probate or nonprobate assets. (2) This chapter applies to probate and nonprobate assets.
RCW 11.56.250 — Washington Code / Title 11 / Chapter 56 / Section 250
RCW 11.56.250: Sales directed by will.
Status: in_force

When property is directed by will to be sold, or authority is given in the will to sell property, the executor may sell any property of the estate without the order of the court, and without any notice, and it shall not be necessary under such circumstances to make any application to the court with reference to such sales or have the same confirmed by the court.
RCW 11.135.050 — Washington Code / Title 11 / Chapter 135 / Section 050
RCW 11.135.050: Electronic documents and signatures not required.
Status: in_force

(1) This chapter does not require a nontestamentary estate planning document or signature on a nontestamentary estate planning document to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (2) A person is not required to have a nontestamentary estate planning document in electronic form or signed electronically even if the person previously created or signed a nontestamentary estate planning document by electronic means. (3) A person may not waive the provisions of this section.
RCW 11.12.410 — Washington Code / Title 11 / Chapter 12 / Section 410
RCW 11.12.410: Electronic wills—Definition.
Status: in_force

The definition in this section applies throughout RCW 11.12.400 through 11.12.491 unless the context clearly requires otherwise. "Sign" means, with present intent to authenticate or adopt a record, to affix to or logically associate with the record an electronic symbol, an electronic sound, or process.
RCW 68.32.030 — Washington Code / Title 11 / Chapter 32 / Section 030
RCW 68.32.030: Vested right—Termination.
Status: in_force

No conveyance or other action of the owner without the written consent of the spouse or state registered domestic partner , of the owner divests the spouse or state registered domestic partner , of a vested right of placement. A final decree of divorce between them or certification of termination of the state registered domestic partnership terminates the vested right of placement unless otherwise provided in the decree.Such special administrator shall collect all the goods, chattels, money, effects, and debts of the deceased, and preserve the same for the personal representative who shall thereafter be appointed; and for that purpose may commence and maintain suits as an administrator, and may also sell such perishable and other goods as the court shall order sold, and make family allowances under the order of the court. The appointment may be for a specified time, to perform duties respecting specific property, or to perform particular acts, as stated in the order of appointment. Such special administrator shall be allowed such compensation for his or her services as the said court shall deem reasonable, together with reasonable fees for his or her attorney.
RCW 11.135.120 — Washington Code / Title 11 / Chapter 135 / Section 120
RCW 11.135.120: Admissibility.
Status: in_force

Evidence relating to an electronic nontestamentary estate planning document or an electronic signature on the document may not be excluded in a proceeding solely because such evidence is in electronic form.
RCW 11.68.060 — Washington Code / Title 11 / Chapter 68 / Section 060
RCW 11.68.060: Death, resignation, or disablement of personal representative—Successor to administer nonintervention powers—Petition.
Status: in_force

If any personal representative of the estate of the decedent dies, resigns, or otherwise becomes disabled from any cause from acting as the nonintervention personal representative, the successor personal representative, or a person who has petitioned to be appointed as a successor personal representative, may petition the court for nonintervention powers, and the court shall act, in accordance with RCW 11.68.011 through 11.68.041 and 11.68.050 .
RCW 11.130.440 — Washington Code / Title 11 / Chapter 130 / Section 440
RCW 11.130.440: Petition for order after appointment.
Status: in_force

An individual subject to conservatorship or a person interested in the welfare of the individual may petition for an order: (1) Requiring the conservator to furnish a bond or collateral or additional bond or collateral or allowing a reduction in a bond or collateral previously furnished; (2) Requiring an accounting for the administration of the conservatorship estate; (3) Directing distribution; (4) Removing the conservator and appointing a temporary or successor conservator; (5) Modifying the type of appointment or powers granted to the conservator, if the extent of protection or management previously granted is excessive or insufficient to meet the individual's needs, including because the individual's abilities or supports have changed; (6) Rejecting or modifying the conservator's plan under RCW 11.130.510 , the conservator's inventory under RCW 11.130.515 , or the conservator's report under RCW 11.130.530 ; or (7) Granting other appropriate relief.
RCW 11.90.200 — Washington Code / Title 11 / Chapter 90 / Section 200
RCW 11.90.200: Definitions.
Status: in_force

(1) In this chapter: (a) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf. (b) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition. (c) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. (2) In determining under RCW 11.90.220 and 11.90.400 (5) whether a respondent has a significant connection with a particular state, the court shall consider: (a) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding; (b) The length of time the respondent at any time was physically present in the state and the duration of any absence; (c) The location of the respondent's property; and (d) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
RCW 11.76.190 — Washington Code / Title 11 / Chapter 76 / Section 190
RCW 11.76.190: Procedure on contingent and disputed claim.
Status: in_force

If there be any contingent or disputed claim against the estate, the amount thereof, or such part thereof as the holder would be entitled to, if the claim were established or absolute, shall be paid into the court, where it shall remain to be paid over to the party when he or she shall become entitled thereto; or if he or she fails to establish his or her claim, to be paid over or distributed as the circumstances of the case may require.
RCW 11.11.900 — Washington Code / Title 11 / Chapter 11 / Section 900
RCW 11.11.900: Short title.
Status: in_force

This chapter may be known and cited as the testamentary disposition of nonprobate assets act.
RCW 11.118.050 — Washington Code / Title 11 / Chapter 118 / Section 050
RCW 11.118.050: Enforcement of trust provisions.
Status: in_force

The intended use of the principal or income can be enforced by a person designated for that purpose in the trust instrument, by the person having custody of an animal that is a beneficiary of the trust, or by a person appointed by a court upon application to it by any person. Such person is considered to be a permissible distributee, as defined in RCW 11.98.002 , of the trust. A person with an interest in the welfare of the animal may petition for an order appointing or removing a person designated or appointed to enforce the trust.
RCW 11.130.430 — Washington Code / Title 11 / Chapter 130 / Section 430
RCW 11.130.430: Emergency conservator.
Status: in_force

(1) A person interested in an individual's welfare, including the individual for whom the order is sought, may petition for appointment of an emergency conservator for the individual. (2) An emergency petition under subsection (1) of this section must state the petitioner's name, principal residence, and current street address, if different, and, to the extent known, the following: (a) The respondent's name, age, principal residence, and current street address, if different; (b) The name and address of the respondent's: (i) Spouse or domestic partner or, if the respondent has none, an adult with whom the respondent has shared household responsibilities for more than six months in the twelve-month period immediately before the filing of the emergency petition; (ii) Adult children or, if none, each parent and adult sibling of the respondent, or, if none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence; and (iii) Adult stepchildren whom the respondent actively parented during the stepchildren's minor years and with whom the respondent had an ongoing relationship in the two-year period immediately before the filing of the emergency petition; (c) The name and current address of each of the following, if applicable: (i) A person responsible for care of the respondent; (ii) Any attorney currently representing the respondent; (iii) Any representative payee appointed by the social security administration for the respondent; (iv) A guardian or conservator acting for the respondent in this state or in another jurisdiction; (v) A trustee or custodian of a trust or custodianship of which the respondent is a beneficiary; (vi) Any fiduciary for the respondent appointed by the department of veterans affairs; (vii) Any representative payee or authorized representative or protective payee; (viii) An agent designated under a power of attorney for health care in which the respondent is identified as the principal; (ix) An agent designated under a power of attorney for finances in which the respondent is identified as the principal; (x) A person nominated as conservator by the respondent; (xi) A person nominated as conservator by the respondent's parent or spouse or domestic partner in a will or other signed record; (xii) A proposed emergency conservator, and the reason the proposed emergency conservator should be selected; and (xiii) A person known to have routinely assisted the respondent with decision making during the six months immediately before the filing of the emergency petition; (d) The reason an emergency conservatorship is necessary, including a specific description of: (i) The nature and extent of the emergency situation; (ii) The nature and extent of the individual's alleged emergency need that arose because of the emergency situation; (iii) The substantial and irreparable harm to the individual's property or financial interests that is likely to be prevented by the appointment of an emergency conservator; (iv) All protective arrangements or other less restrictive alternatives that have been considered or implemented to meet the individual's alleged emergency needs instead of emergency conservatorship; (v) If no protective arrangements or other less restrictive alternatives have been considered or implemented instead of emergency conservatorship, the reason they have not been considered or implemented; and (vi) The reason a protective arrangement or other less restrictive alternative instead of emergency conservatorship is insufficient to meet the individual's alleged emergency need; (e) The reason the petitioner believes that a basis for appointment of a conservator under RCW 11.130.360 exists; (f) Whether the petitioner intends to also seek conservatorship for an individual under RCW 11.130.365 ; (g) The reason the petitioner believes that no other person appears to have authority and willingness to act to address the individual's identified needs caused by the emergency circumstances; (h) The specific powers to be granted to the proposed emergency conservator and a description of how those powers will be used to meet the individual's alleged emergency need; (i) If the individual has property other than personal effects, a general statement of the individual's property, with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts; and (j) Whether the individual needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings. (3) The requirements of RCW 11.130.090 apply to an emergency conservator appointed for an individual with the following exceptions for any proposed emergency conservator required to complete the training under RCW 11.130.090 : (a) The proposed emergency conservator shall present evidence of the successful completion of the required training video or web cast to the court no later than the hearing on the petition for appointment of an emergency conservator for an individual; and (b) The superior court may defer the completion of the training requirement to a date no later than fourteen days after appointment if the petitioner requests an extension of time to complete the training due to emergent circumstances beyond the control of the petitioner. (4) On its own or on petition for appointment of an emergency conservator for an individual after a petition has been filed under RCW 11.130.365 , the court may appoint an emergency conservator for the individual if the court makes specific findings based on clear and convincing evidence that: (a) An emergency exists such that appointment of an emergency conservator is likely to prevent substantial and irreparable harm to the individual's property or financial interests; (b) The individual's identified needs caused by the emergency cannot be met by a protective arrangement or other less restrictive alternative instead of emergency conservatorship; (c) No other person appears to have authority and willingness to act to address the individual's identified needs caused by the emergency circumstances; and (d) There is reason to believe that a basis for appointment of a conservator under RCW 11.130.360 exists. (5) If the court acts on its own to appoint an emergency conservator after a petition has been filed under RCW 11.130.365 , all requirements of this section shall be met. (6) A court order appointing an emergency conservator for an individual shall: (a) Grant only the specific powers necessary to meet the individual's identified emergency need and to prevent substantial and irreparable harm to the individual's property or financial interests; (b) Include a specific finding that clear and convincing evidence established that an emergency exists such that appointment of an emergency conservator is likely to prevent substantial and irreparable harm to the individual's property or financial interests; (c) Include a specific finding that the identified emergency need of the individual cannot be met by a protective arrangement instead of conservatorship or other less restrictive alternative, including any relief available under chapter 74.34 RCW or use of appropriate supportive services, technological assistance, or supported decision making; (d) Include a specific finding that clear and convincing evidence established the adult respondent was given proper notice of the hearing on the petition; (e) State that the individual subject to emergency conservatorship retains all rights the individual enjoyed prior to the emergency conservatorship with the exception of the rights not retained during the period of emergency conservatorship; (f) Require the emergency conservator to furnish a bond or other security under RCW 11.130.445 ; (g) Include the date that the sixty-day period of emergency conservatorship ends, and the date the emergency conservator's report, required by this section, is due to the court; and (h) Identify any person or notice party that subsequently is entitled to: (i) Notice of the rights of the individual; (ii) Notice of a change in the primary dwelling of the individual; (iii) Notice of the removal of the conservator; (iv) A copy of the emergency conservator's plan and the emergency conservator's report under this section; (v) Access to court records relating to the emergency conservatorship; (vi) Notice of the death or significant change in the condition of the individual; (vii) Notice that the court has limited or modified the powers of the emergency conservator; and (viii) Notice of the removal of the emergency conservator. (7) A spouse, a domestic partner, and adult children of an adult subject to emergency conservatorship are entitled to notice under this section unless the court orders otherwise based on good cause. Good cause includes the court's determination that notice would be contrary to the preferences or prior directions of the individual subject to emergency conservatorship or in the best interest of the individual. (8) The duration of authority of an emergency conservator may not exceed sixty days and the emergency conservator may exercise only the powers specified in the order of appointment. Upon a motion by the emergency conservator, with notice served upon all applicable notice parties, the emergency conservator's authority may be extended once for not more than sixty days if the court finds that the conditions for appointment of an emergency conservator under subsection (4) of this section continue. (9) Immediately on filing of a petition for an emergency conservator for an adult, the court shall appoint an attorney to represent the adult in the proceeding. An order appointing an emergency conservator for an adult may not be entered unless the adult respondent, the adult respondent's attorney, and the court visitor appointed under subsection (10) of this section have received a minimum of fourteen days' notice of the date, time, and place of a hearing on the petition. The petitioner must personally serve a copy of the emergency petition and notice of a hearing on the petition on the adult respondent, the adult respondent's attorney, and the court visitor appointed under subsection (10) of this section not more than two court days after the petition has been filed. The notice must inform the respondent of the adult respondent's rights at the hearing, including the right to an attorney and to attend the hearing. The notice must include a description of the nature, purpose, and consequences of granting the emergency petition. The court shall not grant the emergency petition if notice substantially complying with this subsection is not served on the respondent. (10)(a) On receipt of a petition for appointment of emergency conservator for an individual, the court: (i) Shall appoint a court visitor if an emergency conservator is sought for an adult; or (ii) May appoint a court visitor if an emergency conservator is sought for a minor. (b) Notice of appointment of the court visitor must be served upon the court visitor within two days of appointment by the petitioner. The court visitor must be an individual with training or experience in the type of abilities, limitations, and needs alleged in the emergency petition. The court, in the order appointing a court visitor, shall specify the hourly rate the court visitor may charge for his or her services, and shall specify the maximum amount the court visitor may charge without additional court review and approval. (c) The court visitor shall within two days of service of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, the respondent or the respondent's legal counsel, the petitioner or the petitioner's legal counsel, and any notice party with a statement including the court visitor's: Training relating to the duties as a court visitor; criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment; hourly rate, if compensated; contact, if any, with a party to the proceeding prior to appointment; and apparent or actual conflicts of interest. (d) A court visitor appointed under this section shall use due diligence to attempt to interview the adult respondent in person and, in a manner the individual is best able to understand: (i) Explain to the adult respondent the substance of the emergency petition, the nature, purpose, and effect of the proceeding, the respondent's rights at the hearing on the petition, and the proposed specific powers and duties of the proposed conservator as stated in the emergency petition; (ii) Determine the adult respondent's views about the emergency appointment sought by the petitioner, including views about a proposed emergency conservator, the emergency conservator's proposed powers and duties, and the scope and duration of the proposed emergency conservatorship; and (iii) Inform the adult respondent that all costs and expenses of the proceeding, including but not limited to the adult respondent's attorneys' fees, the appointed conservator's fees, and the appointed conservator's attorneys' fees, will be paid from the individual's assets upon approval by the court. (e) The court visitor appointed under this section shall: (i) Interview the petitioner and proposed emergency conservator; (ii) Use due diligence to attempt to visit the adult respondent's present dwelling; (iii) Use due diligence to attempt to obtain information from any physician or other person known to have treated, advised, or assessed the adult respondent's relevant physical or mental condition; and (iv) Investigate the allegations in the emergency petition and any other matter relating to the emergency petition the court directs. (f) A court visitor appointed under this section shall file a report in a record with the court and provide a copy of the report to the petitioner, the adult subject to the emergency conservatorship, and any notice party at least seven days prior to the hearing on the emergency petition, which must include: (i) A recommendation regarding the appropriateness of emergency conservatorship, including whether a protective arrangement instead of conservatorship or other less restrictive alternative for meeting the respondent's needs is available, and if an emergency conservatorship is recommended; (ii) A detailed summary of the alleged emergency and the substantial and irreparable harm to the individual's property or finances that is likely to be prevented by the appointment of an emergency conservator; (iii) A statement as to whether the alleged emergency and the respondent's alleged needs are likely to require an extension of sixty days as authorized under this section; (iv) The specific powers to be granted to the emergency conservator and how the specific powers will address the alleged emergency and the respondent's alleged need; (v) A recommendation regarding the appropriateness of an ongoing conservatorship for an individual, including whether a protective arrangement instead of conservatorship or other less restrictive alternative for meeting the respondent's needs is available; (vi) A statement of the qualifications of the proposed emergency conservator and whether the respondent approves or disapproves of the proposed emergency conservator, and the reasons for such approval or disapproval; (vii) A recommendation whether a professional evaluation under RCW 11.130.390 is necessary; (viii) A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held; (ix) A statement whether the respondent is able to participate in a hearing which identifies any technology or other form of support that would enhance the respondent's ability to participate; and (x) Any other matter the court directs. (11) An emergency conservator shall: (a) Comply with the requirements of RCW 11.130.505 and the requirements of this chapter that pertain to the rights of an individual subject to conservatorship; (b) Not have authority to make decisions or take actions that a conservator for an individual is prohibited by law from having; and (c) Be subject to the same special limitations on a conservator's power that apply to a conservator for an individual. (12) Appointment of an emergency conservator under this section is not a determination that a basis exists for appointment of a conservator under RCW 11.130.360 . (13) The court may remove an emergency conservator appointed under this section at any time. (14) The emergency conservator shall file a report in a record with the court and provide a copy of the report to the individual subject to emergency conservatorship, and any notice party no later than forty-five days after appointment. The report shall include specific and updated information regarding the emergency alleged in the emergency petition, the individual's emergency needs, all actions and decisions by the emergency conservator, and a recommendation as to whether a conservator for an individual should be appointed. If the appointment of the emergency conservator is extended for an additional sixty days, the emergency conservator shall file a second report in a record with the court and provide a copy of the report to the individual subject to emergency conservatorship, and any notice party no later than forty-five days after the emergency conservatorship is extended by the court, which shall include the same information required for the first report. The emergency conservator shall make any other report the court requires. (15) The court shall issue letters of emergency conservatorship to the emergency conservator in compliance with RCW 11.130.040 .
RCW 11.130.670 — Washington Code / Title 11 / Chapter 130 / Section 670
RCW 11.130.670: Certified professional guardianship board—Grievances.
Status: in_force

(1) The certified professional guardianship board must resolve grievances against professional guardians and/or conservators within a reasonable time for alleged violations of the certified professional guardianship board's standards of practice, statutes, regulations, or rules, that relate to the conduct of a certified professional guardian or conservator. (a) All grievances must initially be reviewed within thirty days by certified professional guardianship board members, or a subset thereof, to determine if the grievance is complete, states facts that describe a violation of the standards of practice, statutes, regulations, or rules, and relates to the conduct of a professional guardian and/or conservator, before investigating, requesting a response from the professional guardian or conservator, or forwarding to the superior courts. To be complete, grievances must provide sufficient details of the alleged conduct to demonstrate that a violation of the statute, regulation, standard of practice, or rule, relating to the conduct of a certified professional guardian or conservator could have occurred, the dates the alleged conduct occurred, and must be signed and dated by the person filing the grievance. Grievance investigations by the board are limited to the allegations contained in the grievance unless, after review by a majority of the members of the certified professional guardianship board, further investigation is justified. (b) If the certified professional guardianship board determines the grievance is complete, states facts that allege a violation of the certified professional guardianship board's standards of practice, and relates to the conduct of a professional guardian and/or conservator, the certified professional guardianship board must forward that grievance within ten days to the superior court for that guardianship or conservatorship and to the professional guardian and/or conservator. The court must review the matter as set forth in RCW 11.130.140 , and must direct the clerk of the court to send a copy of the order entered under this section to the certified professional guardianship board. The certified professional guardianship board must accept as facts any finding of fact contained in the order. The certified professional guardianship board must act consistently with any finding of fact issued in that order. (2) Grievances received by the certified professional guardianship board must be investigated and the resolution determined and in process within one hundred eighty days of receipt. The one hundred eighty days is tolled during any period of time when: (a) The certified professional guardianship board has provided a certified professional guardian or conservator an opportunity to respond to a grievance against the certified professional guardian or conservator and the certified professional guardianship board is awaiting the certified professional guardian or conservator's response; (b) The certified professional guardianship board has forwarded a grievance to the superior court for review under subsection (1)(b) of this section and is awaiting receipt of the court's entered order with findings; or (c) A certified professional guardianship board disciplinary hearing has been requested or is in process and during the time of posthearing board review of the hearing officer's recommendations through issuance of a final certified professional guardianship board's order on the matter. (3) If the grievance cannot be resolved within one hundred eighty days, the certified professional guardianship board must notify the professional guardian and/or conservator. The professional guardian or conservator may propose a resolution of the grievance with facts and/or arguments. The certified professional guardianship board may accept the proposed resolution or determine that an additional ninety days are needed to review the grievance. If the certified professional guardianship board has not resolved the grievance within the additional ninety days the professional guardian or conservator may: (a) File a motion for a court order to compel the certified professional guardianship board to resolve the grievance within a reasonable time; or (b) Move for the superior court to resolve the grievance instead of being resolved by the certified professional guardianship board. (4) The superior court has authority to enforce the certified professional guardianship board's standards of practice in this article to the extent those standards are related to statutory or fiduciary duties of guardians and conservators. (5) Any unresolved grievances filed with the certified professional guardianship board one year or more before January 1, 2022, must be forwarded to the superior court for that guardianship or conservatorship for review by the superior court as set forth in RCW 11.130.140 if the grievance is not in process of a hearing or final resolution.
RCW 11.76.220 — Washington Code / Title 11 / Chapter 76 / Section 220
RCW 11.76.220: Sale of unclaimed estate—Remittance of proceeds to department of revenue.
Status: in_force

If the estate remains in the hands of the agent unclaimed for three years, any property not in the form of cash shall be sold under order of the court, and all funds, after deducting a reasonable sum for expenses and services of the agent, to be fixed by the court, shall be paid into the county treasury. The county treasurer shall issue triplicate receipts therefor, one of which shall be filed with the county auditor, one with the court, and one with the department of revenue. If the funds remain in the county treasury unclaimed for a period of four years and ninety days, the county treasurer shall forthwith remit them to the department of revenue for deposit in the state treasury in the fund in which escheats and forfeitures are by law required to be deposited.
RCW 11.11.110 — Washington Code / Title 11 / Chapter 11 / Section 110
RCW 11.11.110: Adverse claim bond.
Status: in_force

Notwithstanding RCW 11.11.100 , a financial institution or other third party having actual knowledge of the existence of a dispute between beneficiaries, a testamentary beneficiary, or other persons concerning rights to a nonprobate asset under this chapter may condition transfer of the nonprobate asset on execution, in form and with security acceptable to the financial institution or other third party, of a bond in an amount that is double the fair market value of the nonprobate asset on the date of the owner's death or the amount of any adverse claim, whichever is the lesser, indemnifying the financial institution or other third party from any and all liability, loss, damage, costs, and expenses, for and on account of transfer of the nonprobate asset.
RCW 11.95A.901 — Washington Code / Title 11 / Chapter 95A / Section 901
RCW 11.95A.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 11.96A.127 — Washington Code / Title 11 / Chapter 96A / Section 127
RCW 11.96A.127: Charitable dispositions by will or trust.
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section, with respect to any charitable disposition made in a will or trust, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful: (a) The disposition does not fail, in whole or in part; (b) The subject property does not revert to the alternative, residuary, or intestate heirs of the estate or, in the case of a trust, the trustor or the trustor's successors in interest; and (c) The court may modify or terminate the trust by directing that the property be applied or distributed, in whole or in part, in a manner consistent with the testator's or trustor's charitable purposes. (2) A provision in the terms of a will or charitable trust that would result in distribution of the property to a noncharitable beneficiary prevails over the power of the court under subsection (1) of this section to modify or terminate the will provision or trust only if, when the provision takes effect: (a) The property is to revert to the trustor and the trustor is still living; or (b) Fewer than twenty-one years have elapsed since the following: (i) In the case of a charitable disposition in trust, the date of the trust's creation or the date the trust became irrevocable; or (ii) In the case of a charitable disposition in a will, the death of the testator, in the case of a charitable disposition in a will. (3) For purposes of this title, a charitable purpose is one for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to a community.
RCW 11.76.040 — Washington Code / Title 11 / Chapter 76 / Section 040
RCW 11.76.040: Time and place of hearing—Notice.
Status: in_force

When such final report and petition for distribution, or either, has been filed, the court, or the clerk of the court, shall fix a day for hearing it which must be at least twenty days subsequent to the day of the publication as hereinafter provided. Notice of the time and place fixed for the hearing shall be given by the personal representative by publishing a notice thereof in a legal newspaper published in the county for one publication at least twenty days preceding the time fixed for the hearing. It shall state in substance that a final report and petition for distribution have, or either thereof has, been filed with the clerk of the court and that the court is asked to settle such report, distribute the property to the heirs or persons entitled thereto, and discharge the personal representative, and it shall give the time and place fixed for the hearing of such final report and petition and shall be signed by the personal representative or the clerk of the court. Whenever a final report and petition for distribution, or either, shall have been filed in the estate of a decedent and a day fixed for the hearing of the same, the personal representative of such estate shall, not less than twenty days before the hearing, cause to be mailed a copy of the notice of the time and place fixed for hearing to each heir, legatee, devisee and distributee whose name and address are known to him or her, and proof of such mailing shall be made by affidavit and filed at or before the hearing.
RCW 11.96A.210 — Washington Code / Title 11 / Chapter 96A / Section 210
RCW 11.96A.210: Purpose.
Status: in_force

The purpose of RCW 11.96A.220 through 11.96A.250 is to provide a binding nonjudicial procedure to resolve matters through written agreements among the parties interested in the estate or trust. The procedure is supplemental to, and may not derogate from, any other proceeding or provision authorized by statute or the common law.
RCW 11.130.005 — Washington Code / Title 11 / Chapter 130 / Section 005
RCW 11.130.005: Short title.
Status: in_force

This chapter may be cited as the uniform guardianship, conservatorship, and other protective arrangements act.
RCW 11.130.415 — Washington Code / Title 11 / Chapter 130 / Section 415
RCW 11.130.415: Who may be conservator—Order of priority.
Status: in_force

(1) Except as otherwise provided in subsection (3) of this section, the court in appointing a conservator shall consider persons qualified to be a conservator in the following order of priority: (a) A conservator, other than a temporary or emergency conservator, currently acting for the respondent in another jurisdiction; (b) A person nominated as conservator by the respondent, including the respondent's most recent nomination made in a power of attorney for finances; (c) An agent appointed by the respondent to manage the respondent's property under a power of attorney for finances; (d) A spouse or domestic partner of the respondent; (e) A relative or other individual who has shown special care and concern for the respondent; and (f) A certified professional guardian or conservator or other entity the court determines is suitable. (2) If two or more persons have equal priority under subsection (1) of this section, the court shall select as conservator the person the court considers best qualified. In determining the best qualified person, the court shall consider the person's relationship with the respondent, the person's skills, the expressed wishes of the respondent, the extent to which the person and the respondent have similar values and preferences, and the likelihood the person will be able to perform the duties of a conservator successfully. (3) The court, acting in the best interest of the respondent, may decline to appoint as conservator a person having priority under subsection (1) of this section and appoint a person having a lower priority or no priority. (4) A person that provides paid services to the respondent, or an individual who is employed by a person that provides paid services to the respondent or is the spouse, domestic partner, parent, or child of an individual who provides or is employed to provide paid services to the respondent, may not be appointed as conservator unless: (a) The individual is related to the respondent by blood or law; or (b) The court finds by clear and convincing evidence that the person is the best qualified person available for appointment and the appointment is in the best interest of the respondent. (5) An owner, operator, or employee of a long-term care facility at which the respondent is receiving care may not be appointed as conservator unless the owner, operator, or employee is related to the respondent by blood or law.
RCW 64.28.030 — Washington Code / Title 11 / Chapter 28 / Section 030
RCW 64.28.030: Bank deposits, choses in action, community property agreements not affected.
Status: in_force

The provisions of this chapter shall not restrict the creation of a joint tenancy in a bank deposit or in other choses in action as heretofore or hereafter provided by law, nor restrict the power of both spouses or both domestic partners to make agreements as provided in RCW 26.16.120 .A surviving spouse or surviving domestic partner shall be entitled to administer upon the community property, notwithstanding any provisions of the will to the contrary, if the court find such spouse or such domestic partner to be otherwise qualified; but if such surviving spouse or surviving domestic partner do not make application for such appointment within forty days immediately following the death of the deceased spouse or deceased domestic partner, he or she shall be considered as having waived his or her right to administer upon such community property. If any person, other than the surviving spouse or surviving domestic partner, make application for letters testamentary on such property, prior to the expiration of such forty days, then the court, before making any such appointment, shall require notice of such application to be given the said surviving spouse or surviving domestic partner, for such time and in such manner as the court may determine, unless such applicant show to the satisfaction of the court that there is no surviving spouse or surviving domestic partner or that he or she has in writing waived the right to administer upon such community property.
RCW 11.98.100 — Washington Code / Title 11 / Chapter 98 / Section 100
RCW 11.98.100: Nonliability for action or inaction based on lack of knowledge of events.
Status: in_force

When the happening of any event, including but not limited to such events as marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of the trust, then a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for any action or inaction based on lack of knowledge of the event. A corporate trustee is not liable prior to receiving such knowledge or notice in its trust department office where the trust is being administered.
RCW 11.11.060 — Washington Code / Title 11 / Chapter 11 / Section 060
RCW 11.11.060: Vesting of rights and powers under chapter.
Status: in_force

The right to provide notice under RCW 11.11.050 and the entitlement of the testamentary beneficiary to the nonprobate asset vest immediately upon death of the owner. The power of the personal representative to direct the financial institution or other third party having the nonprobate asset in its possession or under its control to transfer or otherwise dispose of the asset arises upon the later of appointment of the personal representative or admission of the will to probate.
RCW 11.98B.090 — Washington Code / Title 11 / Chapter 98B / Section 090
RCW 11.98B.090: Duty to provide information to trust director or trustee.
Status: in_force

(1) Subject to RCW 11.98B.100 , a trustee shall provide information to a trust director to the extent the information is reasonably related both to: (a) The powers or duties of the trustee; and (b) The powers or duties of the director. (2) Subject to RCW 11.98B.100 , a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related both to: (a) The powers or duties of the director; and (b) The powers or duties of the trustee or other director. (3) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct. (4) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct.
RCW 11.04.071 — Washington Code / Title 11 / Chapter 04 / Section 071
RCW 11.04.071: Survivorship as incident of tenancy by the entireties abolished.
Status: in_force

The right of survivorship as an incident of tenancy by the entireties is abolished.
RCW 11.56.090 — Washington Code / Title 11 / Chapter 56 / Section 090
RCW 11.56.090: Minimum price—Private sale—Sale by negotiation—Reappraisement.
Status: in_force

No sale of real estate at private sale or sale by negotiation shall be confirmed by the court unless the gross sum offered is at least ninety percent of the appraised value thereof, nor unless such real estate shall have been appraised within one year immediately prior to such sale. If it has not been so appraised, or if the court is satisfied that the appraisement is too high or too low, appraisers may be appointed, and they must make an appraisement thereof in the same manner as in the case of the original appraisement of the estate, and which appraisement may be made at any time before the sale or the confirmation thereof.
RCW 11.32.020 — Washington Code / Title 11 / Chapter 32 / Section 020
RCW 11.32.020: Bond.
Status: in_force

Every such administrator shall, before entering on the duties of his or her trust, give bond, with sufficient surety or sureties, in such sum as the judge shall order, payable to the state of Washington, with conditions as required of an executor or in other cases of administration: PROVIDED, That in all cases where a bank or trust company authorized to act as administrator is appointed special administrator or acts as special administrator under an appointment as such heretofore made, no bond shall be required.The spouse or state registered domestic partner , of an owner of any plot or right of interment containing more than one placement space has a vested right of placement in the plot and any person thereafter becoming the spouse or state registered domestic partner , of the owner has a vested right of placement in the plot if more than one space is unoccupied at the time the person becomes the spouse or state registered domestic partner , of the owner.
RCW 11.56.020 — Washington Code / Title 11 / Chapter 56 / Section 020
RCW 11.56.020: Sale, lease or mortgage of personal property.
Status: in_force

The court may at any time order any personal property, including for purposes of this section a vendor's interest in a contract for the sale of real estate, of the estate sold for the preservation of such property or for the payment of the debts of the estate or the expenses of administration or for the purpose of discharging any obligation of the estate or for any other reason which may to the court seem right and proper, and such order may be made either upon or without petition therefor, and such sales may be either at public or private sale or by negotiation and with or without notice of such sale, as the court may determine, and upon such terms and conditions as the court may decide upon. No notice of petition for sale of any personal property need be given, except as provided in RCW 11.28.240 , unless the court expressly orders such notice. Where personal property is sold prior to appraisement, the sale price shall be deemed the value for appraisal. Personal property may be mortgaged, pledged or leased for the same reasons and purposes, and in the same manner as is hereinafter provided for real property.
RCW 11.42.090 — Washington Code / Title 11 / Chapter 42 / Section 090
RCW 11.42.090: Allowance of claims—Notice—Payment order.
Status: in_force

(1) If the notice agent allows a claim, the notice agent shall notify the claimant of the allowance by personal service or regular first-class mail to the address stated on the claim. A claim may not be allowed if it is barred by a statute of limitations. (2) The notice agent shall pay claims allowed in the following order from the assets of the decedent that are subject to the payment of claims as provided in RCW 11.42.085 : (a) Costs of administering the assets subject to the payment of claims, including a reasonable fee to the notice agent, any resident agent for the notice agent, reasonable attorneys' fees for the attorney for each of them, filing fees, publication costs, mailing costs, and similar costs and fees; (b) Funeral expenses in a reasonable amount; (c) Expenses of the last sickness in a reasonable amount; (d) Wages due for labor performed within sixty days immediately preceding the death of the decedent; (e) Debts having preference by the laws of the United States; (f) Taxes, debts, or dues owing to the state; (g) Judgments rendered against the decedent in the decedent's lifetime that are liens upon real estate on which executions might have been issued at the time of the death of the decedent and debts secured by mortgages in the order of their priority; and (h) All other demands against the assets subject to the payment of claims. (3) The notice agent may not pay a claim of the notice agent or other person who has received property by reason of the decedent's death unless all other claims that have been filed under this chapter, and all debts having priority to the claim, are paid in full or otherwise settled by agreement, regardless of whether the other claims are allowed or rejected.
RCW 11.08.205 — Washington Code / Title 11 / Chapter 08 / Section 205
RCW 11.08.205: Lease, sublease, or rental of escheated real property—Authorized—Expenses—Distribution of proceeds.
Status: in_force

(1) The department of natural resources shall have the authority to lease real property from the administrator of an estate being probated under the escheat provisions, RCW 11.08.140 to 11.08.280. (2) The department of natural resources shall have the authority to sublease or rent the real property, it has leased under subsection (1) of this section, during the period that the real property is under the authority of the court appointed administrator. (3) Any moneys gained by the department of natural resources from leases or rentals shall be credited to an escheat reserve account bearing the name of the estate. (4) The department of natural resources shall have the authority to expend moneys to preserve and maintain the real property during the probate period. (5) Any expenses by the department of natural resources in preserving or maintaining the real property may be paid as follows: (a) First, the expenses shall be charged to the escheat reserve account bearing the name of the estate; and (b) Second, if the expenses exceed the escheat reserve account, then the expenses shall be paid as follows: (i) If the land is distributed to the state by the administrator, the expenses shall be paid out of the sale price of the land as later sold by the department of natural resources, or shall be paid out of the general fund if the land is held for use by the state; or (ii) If the land is distributed to the heirs by the administrator, the expenses shall be borne by the estate. (6) Upon the final distribution of the real property, the escheat reserve account shall be closed out as follows: (a) If the real property is distributed to the state, the balance of the account shall be paid into the permanent common school fund of the state; or (b) If the real property is distributed to the heirs, the balance of the account shall be paid to the estate.
RCW 11.86.031 — Washington Code / Title 11 / Chapter 86 / Section 031
RCW 11.86.031: Contents of disclaimer—Time and filing requirements—Fee.
Status: in_force

(1) The disclaimer must: (a) Be in writing; (b) Be signed by the disclaimant; (c) Identify the interest to be disclaimed; and (d) State the disclaimer and the extent thereof. (2) The disclaimer must be delivered or mailed as provided in subsection (3) of this section at any time after the creation of the interest, but in all events by nine months after the latest of: (a) The date the beneficiary attains the age of twenty-one years; (b) The date of the transfer; (c) The date that the beneficiary is finally ascertained and the beneficiary's interest is indefeasibly vested; or (d) December 17, 2010, if the date of the transfer is the date of the death of the creator of the interest and the creator dies after December 31, 2009, and before December 18, 2010. (3) The disclaimer shall be mailed by first-class mail, or otherwise delivered, to the creator of the interest, the creator's legal representative, or the holder of the legal title to the property to which the interest relates or, if the creator is dead and there is no legal representative or holder of legal title, to the person having possession of the property. (4) If the date of the transfer is the date of the death of the creator of the interest, a copy of the disclaimer may be filed with the clerk of the probate court in which the estate of the creator is, or has been, administered, or, if no probate administration has been commenced, then with the clerk of the court of any county provided by law as the place for probate administration of such person, where it shall be indexed under the name of the decedent in the probate index upon the payment of a fee established under *RCW 36.18.016 . (5) The disclaimer of an interest in real property may be recorded, but shall constitute notice to all persons only from and after the date of recording. If recorded, a copy of the disclaimer shall be recorded in the office of the auditor in the county or counties where the real property is situated.
RCW 11.130.630 — Washington Code / Title 11 / Chapter 130 / Section 630
RCW 11.130.630: Confidentiality of records.
Status: in_force

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

(1) The existence of a proceeding for or the existence of a protective arrangement instead of guardianship or conservatorship is a matter of public record unless the court seals the record after: (a) The respondent, the individual subject to the protective arrangement, or the parent of a minor subject to the protective arrangement requests the record be sealed; and (b) Either: (i) The proceeding is dismissed; (ii) The protective arrangement is no longer in effect; or (iii) An act authorized by the order granting the protective arrangement has been completed. (2) A respondent, an individual subject to a protective arrangement instead of guardianship or conservatorship, an attorney designated by the respondent or individual, a parent of a minor subject to a protective arrangement, and any other person the court determines are entitled to access court records of the proceeding and resulting protective arrangement. A person not otherwise entitled access to court records under this subsection for good cause may petition the court for access. The court shall grant access if access is in the best interest of the respondent or individual subject to the protective arrangement or furthers the public interest and does not endanger the welfare or financial interests of the respondent or individual. (3) A report of a visitor or professional evaluation generated in the course of a proceeding under this article must be sealed on filing but is available to: (a) The court; (b) The individual who is the subject of the report or evaluation, without limitation as to use; (c) The petitioner, visitor, and petitioner's and respondent's attorneys, for purposes of the proceeding; (d) Unless the court orders otherwise, an agent appointed under a power of attorney for finances in which the respondent is the principal; (e) If the order is for a protective arrangement instead of guardianship and unless the court orders otherwise, an agent appointed under a power of attorney for health care in which the respondent is identified as the principal; and (f) Any other person if it is in the public interest or for a purpose the court orders for good cause.
RCW 11.84.140 — Washington Code / Title 11 / Chapter 84 / Section 140
RCW 11.84.140: Slayer determination—Conviction—Preponderance of evidence.
Status: in_force

(1) A final judgment of conviction for the willful and unlawful killing of the decedent is conclusive for purposes of determining whether a person is a slayer under this section. A finding of not guilty by reason of insanity for the willful and unlawful killing of the decedent carries the same meaning as a judgment of conviction. (2) In the absence of a criminal conviction or a finding of not guilty by reason of insanity, a superior court finding by a preponderance of the evidence that a person participated in the willful and unlawful killing of the decedent is conclusive for purposes of determining whether a person is a slayer under this section.
RCW 11.130.025 — Washington Code / Title 11 / Chapter 130 / Section 025
RCW 11.130.025: Transfer of proceeding.
Status: in_force

(1) This section does not apply to a guardianship or conservatorship for an adult that is subject to the transfer provisions of the uniform adult guardianship and protective proceedings jurisdiction act (chapter 11.90 RCW). (2) After appointment of a guardian or conservator, the court that made the appointment may transfer the proceeding to a court in another county in this state or another state if transfer is in the best interest of the individual subject to the guardianship or conservatorship. (3) If a proceeding for a guardianship or conservatorship is pending in another state or a foreign country and a petition for guardianship or conservatorship for the same individual is filed in a court in this state, the court shall notify the court in the other state or foreign country and, after consultation with that court, assume or decline jurisdiction, whichever is in the best interest of the respondent. (4) A guardian or conservator appointed in another state or country may petition the court for appointment as a guardian or conservator in this state for the same individual if jurisdiction in this state is or will be established. The appointment may be made on proof of appointment in the other state or foreign country and presentation of a certified copy of the part of the court record in the other state or country specified by the court in this state. (5) Notice of hearing on a petition under subsection (4) of this section, together with a copy of the petition, must be given to the respondent, if the respondent is at least twelve years of age at the time of the hearing, and to the persons that would be entitled to notice if the procedures for appointment of a guardian or conservator under this chapter were applicable. The court shall make the appointment unless it determines the appointment would not be in the best interest of the respondent. (6) Not later than fourteen days after appointment under subsection (5) of this section, the guardian or conservator shall give a copy of the order of appointment to the individual subject to guardianship or conservatorship, if the individual is at least twelve years of age, and to all persons given notice of the hearing on the petition.
RCW 11.107.060 — Washington Code / Title 11 / Chapter 107 / Section 060
RCW 11.107.060: Decanting statute—Trust for beneficiary with a disability.
Status: in_force

(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Beneficiary with a disability" means a beneficiary of the first trust who the trustee believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently receives those benefits or is an individual who has been placed under a guardianship or conservatorship under chapter 11.130 RCW. (b) "Governmental benefits" means financial aid or services from a state, federal, or other public agency. (c) "Special needs trust" means a trust the trustee believes would not be considered a resource for purposes of determining whether the beneficiary with a disability is eligible for governmental benefits. (2) A trustee may exercise the decanting power under RCW 11.107.020 and 11.107.030 over the property of the first trust as if the trustee had authority to distribute principal to a beneficiary with a disability subject to expanded discretion if: (a) The second trust is a special needs trust that benefits the beneficiary with a disability; and (b) The trustee determines that exercise of the decanting power will further the purposes of the first trust. (3) In an exercise of the decanting power under this section, the following rules apply: (a) The provisions of the second trust for a beneficiary with a disability may: (i) Meet the medicaid law requirements for an account in a pooled trust for a beneficiary with a disability under 42 U.S.C. Sec. 1369p(d)(4)(C), as amended, including requiring a payback to the state of medicaid expenditures of funds not retained by the pooled trust; or (ii) Meet the medicaid law requirements for a trust for the sole benefit of a beneficiary with a disability under age sixty-five under 42 U.S.C. Sec. 1369(d)(4)(A), as amended, including requiring a payback to the state of medicaid expenditures. (b) RCW 11.107.020 (1)(a)(iii) does not apply to the interests of the beneficiary with a disability. (c) Except as affected by any change to the interests of the beneficiary with a disability, the second trusts, in the aggregate, must grant each other beneficiary of the first trust beneficial interests in the second trusts which are substantially similar to the beneficiary's beneficial interests in the first trust unless inconsistent with (a)(i) or (ii) of this subsection (3).
RCW 11.104B.060 — Washington Code / Title 11 / Chapter 104B / Section 060
RCW 11.104B.060: Fiduciary duties—Judicial review of exercise of discretionary power—Request for instruction.
Status: in_force

(1) In this section, "fiduciary decision" means: (a) A fiduciary's allocation between income and principal or other determination regarding income and principal required or authorized by the terms of the trust or this chapter; (b) The fiduciary's exercise or nonexercise of a discretionary power regarding income and principal granted by the terms of the trust or this chapter, including the power to adjust under RCW 11.104B.070 , convert an income trust to a unitrust under RCW 11.104B.120 (1)(a), change the percentage or method used to calculate a unitrust amount under RCW 11.104B.120 (1)(b), or convert a unitrust to an income trust under RCW 11.104B.120 (1)(c); or (c) The fiduciary's implementation of a decision described in (a) or (b) of this subsection. (2) The court may not order a fiduciary to change a fiduciary decision unless the court determines that the fiduciary decision was an abuse of the fiduciary's discretion. (3) If the court determines that a fiduciary decision was an abuse of the fiduciary's discretion, the court may order a remedy authorized by law. To place the beneficiaries in the positions the beneficiaries would have occupied if there had not been an abuse of the fiduciary's discretion, the court may order: (a) The fiduciary to exercise or refrain from exercising the power to adjust under RCW 11.104B.070 ; (b) The fiduciary to exercise or refrain from exercising the power to convert an income trust to a unitrust under RCW 11.104B.120 (1)(a), change the percentage or method used to calculate a unitrust amount under RCW 11.104B.120 (1)(b), or convert a unitrust to an income trust under RCW 11.104B.120 (1)(c); (c) The fiduciary to distribute an amount to a beneficiary; (d) A beneficiary to return some or all of a distribution; or (e) The fiduciary to withhold an amount from one or more future distributions to a beneficiary. (4) On petition by a fiduciary for instruction, the court may determine whether a proposed fiduciary decision will result in an abuse of the fiduciary's discretion. If the petition describes the proposed decision, contains sufficient information to inform the beneficiary of the reasons for making the proposed decision and the facts on which the fiduciary relies, and explains how the beneficiary will be affected by the proposed decision, a beneficiary that opposes the proposed decision has the burden to establish that it will result in an abuse of the fiduciary's discretion.
RCW 11.130.600 — Washington Code / Title 11 / Chapter 130 / Section 600
RCW 11.130.600: Notice and hearing.
Status: in_force

(1) All petitions filed under RCW 11.130.595 for the establishment of a protective arrangement shall be heard within sixty days unless an extension of time is requested by a party or the court visitor within such sixty-day period and granted for good cause shown. (2)(a) A copy of a petition under RCW 11.130.580 and notice of a hearing on the petition must be served personally on the respondent and the court visitor appointed under RCW 11.130.605 not more than five court days after the petition under RCW 11.130.595 has been filed. (b) A copy of a petition under RCW 11.130.580 and notice of a hearing on the petition must be served personally on the respondent and the court visitor appointed under RCW 11.130.605 not more than five court days after the petition under RCW 11.130.595 has been filed. The notice must inform the respondent of the respondent's rights at the hearing, including the right to an attorney and to attend the hearing. The notice must include a description of the nature, purpose, and consequences of granting the petition for a protective arrangement. The court may not grant the petition if notice substantially complying with this subsection is not served on the respondent. (3) In a proceeding on a petition under RCW 11.130.580 , the notice required under subsection (2) of this section must be given to the persons required to be listed in the petition under RCW 11.130.595 (1) through (3) and any other person interested in the respondent's welfare the court determines. Failure to give notice under this subsection does not preclude the court from granting the petition. (4) After the court has ordered a protective arrangement under this article, notice of a hearing on a petition filed under this chapter, together with a copy of the petition, must be given to the respondent and any other person the court determines.
RCW 11.80.050 — Washington Code / Title 11 / Chapter 80 / Section 050
RCW 11.80.050: Allowance for support of dependents—Sale of property.
Status: in_force

Whenever a petition is filed in said estate from which it appears to the satisfaction of the court that the owner of such property left a spouse or domestic partner, child or children, dependent upon such absentee for support or upon the property in the estate of such absentee, either in whole or in part, the court shall hold a hearing on said petition, after such notice as the court may direct, and upon such hearing shall enter such order as it deems advisable and may order an allowance to be paid out of any of the property of such estate, either community or separate, as the court shall deem reasonable and necessary for the support and maintenance of such dependent or dependents, pending the return of the absentee, or until such time as the property of said estate may be provisionally distributed to the presumptive heirs or to the devisees and legatees. Such allowance shall be paid by the trustee to such persons and in such manner and at such periods of time as the court may direct. For the purpose of carrying out the provisions of this section the court may direct the sale of any of the property of the estate, either real or personal, in accordance with the provisions of RCW 11.80.040 .
RCW 11.12.220 — Washington Code / Title 11 / Chapter 12 / Section 220
RCW 11.12.220: No interest on devise unless will so provides.
Status: in_force

No interest shall be allowed or calculated on any devise contained in any will unless such will expressly provides for such interest.
RCW 11.98.065 — Washington Code / Title 11 / Chapter 98 / Section 065
RCW 11.98.065: Change in form of corporate trustee.
Status: in_force

Any appointment of a specific bank, trust company, or corporation as trustee is conclusively presumed to authorize the appointment or continued service of that entity's successor in interest in the event of a merger, acquisition, or reorganization, and no court proceeding is necessary to affirm the appointment or continuance of service.
RCW 11.130.310 — Washington Code / Title 11 / Chapter 130 / Section 310
RCW 11.130.310: Order of appointment for guardian.
Status: in_force

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

(1) A court order appointing a guardian for an adult must: (a) Include a specific finding that clear and convincing evidence established that the identified needs of the respondent cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative, including use of appropriate supportive services, technological assistance, or supported decision making; (b) Include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition; (c) State whether the adult subject to guardianship retains the right to vote and, if the adult does not retain the right to vote, include findings that support removing that right which must include a finding that the adult cannot communicate, with or without support, a specific desire to participate in the voting process; and (d) State whether the adult subject to guardianship retains the right to marry and, if the adult does not retain the right to marry, include findings that support removing that right. (2) An adult subject to guardianship retains the right to vote unless the order under subsection (1) of this section includes the statement required by subsection (1)(c) of this section. An adult subject to guardianship retains the right to marry unless the order under subsection (1) of this section includes the findings required by subsection (1)(d) of this section. (3) A court order establishing a full guardianship for an adult must state the basis for granting a full guardianship and include specific findings that support the conclusion that a limited guardianship would not meet the functional needs of the adult subject to guardianship. (4) A court order establishing a limited guardianship for an adult must state the specific powers granted to the guardian. (5) The court, as part of an order establishing a guardianship for an adult, shall identify any person that subsequently is entitled to: (a) Notice of the rights of the adult under *RCW 11.130.315 (2); (b) Notice of a change in the primary dwelling of the adult; (c) Notice that the guardian has delegated: (i) The power to manage the care of the adult; (ii) The power to make decisions about where the adult lives; (iii) The power to make major medical decisions on behalf of the adult; (iv) A power that requires court approval under RCW 11.130.335 ; or (v) Substantially all powers of the guardian; (d) Notice that the guardian will be unavailable to visit the adult for more than two months or unavailable to perform the guardian's duties for more than one month; (e) A copy of the guardian's plan under RCW 11.130.340 and the guardian's report under RCW 11.130.345 ; (f) Access to court records relating to the guardianship; (g) Notice of the death or significant change in the condition of the adult; (h) Notice that the court has limited or modified the powers of the guardian; and (i) Notice of the removal of the guardian. (6) A spouse, domestic partner, and adult children of an adult subject to guardianship are entitled to notice under subsection (5) of this section unless the court determines notice would be contrary to the preferences or prior directions of the adult subject to guardianship or not in the best interest of the adult. (7) All orders establishing a guardianship for an adult must contain: (a) A guardianship summary placed directly below the case caption or on a separate cover page in the form or substantially the same form as set forth in RCW 11.130.665 ; (b) The date which the limited guardian or guardian must file the guardian's plan under RCW 11.130.340 (1); (c) The date by which the court will review the guardian's plan as required by RCW 11.130.340 (4); (d) The report interval which the guardian shall file its guardian's plan under RCW 11.130.345 . The report interval may be annual, biennial, or triennial; (e) The date the limited guardian or guardian must file its guardian's plan under RCW 11.130.345 . The due date of the filing of the report shall be within ninety days after the anniversary date of the appointment; (f) The date for the court to review the guardian's plan under RCW 11.130.345 and enter its order. The court shall conduct the review within one hundred twenty days after the anniversary date of the appointment.
RCW 11.32.040 — Washington Code / Title 11 / Chapter 32 / Section 040
RCW 11.32.040: Succession by personal representative.
Status: in_force

Upon granting letters testamentary or of administration the power of the special administrator shall cease, and he or she shall forthwith deliver to the personal representative all the goods, chattels, money, effects, and debts of the deceased in his or her hands, and the personal representative may be admitted to prosecute any suit commenced by the special administrator, in like manner as an administrator de bonis non is authorized to prosecute a suit commenced by a former personal representative. The estate shall be liable for obligations incurred by the special administrator pursuant to the order of appointment or approved by the court.If no placement is made in a plot or right of interment, which has been transferred by deed or certificate of ownership to an individual owner, the title descends to the surviving spouse or state registered domestic partner. If there is no surviving spouse or state registered domestic partner, the title descends to the heirs at law of the owner. Following death of the owner, if all remains previously placed are lawfully removed and the owner did not dispose of the plot or right of interment by specific devise or by a written declaration filed and recorded in the office of the cemetery authority, the title descends to the surviving spouse or state registered domestic partner. If there is no surviving spouse or state registered domestic partner, the title descends to the heirs at law of the owner.
RCW 11.104B.430 — Washington Code / Title 11 / Chapter 104B / Section 430
RCW 11.104B.430: Disbursements—Reimbursement of income from principal.
Status: in_force

(1) If a fiduciary makes or expects to make an income disbursement described in subsection (2) of this section, the fiduciary may transfer an appropriate amount from principal to income in one or more accounting periods to reimburse income. (2) To the extent the fiduciary has not been and does not expect to be reimbursed by a third party, income disbursements to which subsection (1) of this section applies include: (a) An amount chargeable to principal but paid from income because principal is illiquid; (b) A disbursement made to prepare property for sale, including improvements and commissions; and (c) A disbursement described in RCW 11.104B.410 (1). (3) If an asset whose ownership gives rise to an income disbursement becomes subject to a successive interest after an income interest ends, the fiduciary may continue to make transfers under subsection (1) of this section.
RCW 11.130.030 — Washington Code / Title 11 / Chapter 130 / Section 030
RCW 11.130.030: Venue.
Status: in_force

(1) Venue for a guardianship proceeding for a minor is in: (a) The county in which the minor resides or is present at the time the proceeding commences; or (b) The county in which another proceeding concerning the custody or parental rights of the minor is pending. (2) Venue for a guardianship proceeding or protective arrangement instead of guardianship for an adult is in: (a) The county in which the respondent resides; (b) If the respondent has been admitted to an institution by court order, the county in which the court is located; or (c) If the proceeding is for appointment of an emergency guardian for an adult, the county in which the respondent is present. (3) Venue for a conservatorship proceeding or protective arrangement instead of conservatorship is in: (a) The county in which the respondent resides, whether or not a guardian has been appointed in another county or other jurisdiction; or (b) If the respondent does not reside in this state, in any county in which property of the respondent is located. (4) If proceedings under this chapter are brought in more than one county, the court of the county in which the first proceeding is brought has the exclusive right to proceed unless the court determines venue is properly in another court or the interest of justice otherwise requires transfer of the proceeding.
RCW 11.42.140 — Washington Code / Title 11 / Chapter 42 / Section 140
RCW 11.42.140: Notice to creditors when notice agent resigns, dies, or is removed—Limit tolled by vacancy.
Status: in_force

(1) If a notice agent has given notice under RCW 11.42.020 and the notice agent resigns, dies, or is removed or a personal representative is appointed, the successor notice agent or the personal representative shall: (a) Publish notice of the vacancy and succession for two successive weeks in the legal newspaper in which notice was published under RCW 11.42.020 , if the vacancy occurred within twenty-four months after the decedent's date of death; and (b) Provide actual notice of the vacancy and succession to a creditor if: (i) The creditor filed a claim and the claim had not been allowed or rejected by the prior notice agent; or (ii) the creditor's claim was rejected and the vacancy occurred within thirty days after rejection of the claim. (2) The time between the resignation, death, or removal of the notice agent or appointment of a personal representative and the first publication of the vacancy and succession or, in the case of actual notice, the mailing of the notice of vacancy and succession must be added to the time within which a claim must be presented or a suit on a rejected claim must be filed. This section does not extend the twenty-four-month self-executing bar under RCW 11.42.050 .
RCW 11.135.902 — Washington Code / Title 11 / Chapter 135 / Section 902
RCW 11.135.902: Applicability date.
Status: in_force

This chapter applies to an electronic nontestamentary estate planning document created, signed, generated, sent, communicated, received, or stored before, on, or after June 6, 2024.
RCW 11.07.010 — Washington Code / Title 11 / Chapter 07 / Section 010
RCW 11.07.010: Nonprobate assets—Dissolution or invalidation of marriage or domestic partnership—Termination of domestic partnership.
Status: in_force

(1) This section applies to all nonprobate assets, wherever situated, held at the time of entry of a decree of dissolution of marriage or state registered domestic partnership or a declaration of invalidity or certification of termination of a state registered domestic partnership. (2)(a) If a marriage or state registered domestic partnership is dissolved or invalidated, or a state registered domestic partnership terminated, a provision made prior to that event that relates to the payment or transfer at death of the decedent's interest in a nonprobate asset in favor of or granting an interest or power to the decedent's former spouse or state registered domestic partner, is revoked. A provision affected by this section must be interpreted, and the nonprobate asset affected passes, as if the former spouse or former state registered domestic partner, failed to survive the decedent, having died at the time of entry of the decree of dissolution or declaration of invalidity or termination of state registered domestic partnership. (b) This subsection does not apply if and to the extent that: (i) The instrument governing disposition of the nonprobate asset expressly provides otherwise; (ii) The decree of dissolution, declaration of invalidity, or other court order requires that the decedent maintain a nonprobate asset for the benefit of a former spouse or former state registered domestic partner or children of the marriage or domestic partnership, payable on the decedent's death either outright or in trust, and other nonprobate assets of the decedent fulfilling such a requirement for the benefit of the former spouse or former state registered domestic partner or children of the marriage or domestic partnership do not exist at the decedent's death; (iii) A court order requires that the decedent maintain a nonprobate asset for the benefit of another, payable on the decedent's death either outright or in a trust, and other nonprobate assets of the decedent fulfilling such a requirement do not exist at the decedent's death; or (iv) If not for this subsection, the decedent could not have effected the revocation by unilateral action because of the terms of the decree, declaration, termination of state registered domestic partnership, or for any other reason, immediately after the entry of the decree of dissolution, declaration of invalidity, or termination of state registered domestic partnership. (3)(a) A payor or other third party in possession or control of a nonprobate asset at the time of the decedent's death is not liable for making a payment or transferring an interest in a nonprobate asset to a decedent's former spouse or state registered domestic partner, whose interest in the nonprobate asset is revoked under this section, or for taking another action in reliance on the validity of the instrument governing disposition of the nonprobate asset, before the payor or other third party has actual knowledge of the dissolution or other invalidation of marriage or termination of the state registered domestic partnership. A payor or other third party is liable for a payment or transfer made or other action taken after the payor or other third party has actual knowledge of a revocation under this section. (b) This section does not require a payor or other third party to pay or transfer a nonprobate asset to a beneficiary designated in a governing instrument affected by the dissolution or other invalidation of marriage or termination of state registered domestic partnership, or to another person claiming an interest in the nonprobate asset, if the payor or third party has actual knowledge of the existence of a dispute between the former spouse or former state registered domestic partner, and the beneficiaries or other persons concerning rights of ownership of the nonprobate asset as a result of the application of this section among the former spouse or former state registered domestic partner, and the beneficiaries or among other persons, or if the payor or third party is otherwise uncertain as to who is entitled to the nonprobate asset under this section. In such a case, the payor or third party may, without liability, notify in writing all beneficiaries or other persons claiming an interest in the nonprobate asset of either the existence of the dispute or its uncertainty as to who is entitled to payment or transfer of the nonprobate asset. The payor or third party may also, without liability, refuse to pay or transfer a nonprobate asset in such a circumstance to a beneficiary or other person claiming an interest until the time that either: (i) All beneficiaries and other interested persons claiming an interest have consented in writing to the payment or transfer; or (ii) The payment or transfer is authorized or directed by a court of proper jurisdiction. (c) Notwithstanding subsections (1) and (2) of this section and (a) and (b) of this subsection, a payor or other third party having actual knowledge of the existence of a dispute between beneficiaries or other persons concerning rights to a nonprobate asset as a result of the application of this section may condition the payment or transfer of the nonprobate asset on execution, in a form and with security acceptable to the payor or other third party, of a bond in an amount that is double the fair market value of the nonprobate asset at the time of the decedent's death or the amount of an adverse claim, whichever is the lesser, or of a similar instrument to provide security to the payor or other third party, indemnifying the payor or other third party for any liability, loss, damage, costs, and expenses for and on account of payment or transfer of the nonprobate asset. (d) As used in this subsection, "actual knowledge" means, for a payor or other third party in possession or control of the nonprobate asset at or following the decedent's death, written notice to the payor or other third party, or to an officer of a payor or third party in the course of his or her employment, received after the decedent's death and within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge. The notice must identify the nonprobate asset with reasonable specificity. The notice also must be sufficient to inform the payor or other third party of the revocation of the provisions in favor of the decedent's spouse or state registered domestic partner, by reason of the dissolution or invalidation of marriage or termination of state registered domestic partnership, or to inform the payor or third party of a dispute concerning rights to a nonprobate asset as a result of the application of this section. Receipt of the notice for a period of more than thirty days is presumed to be received within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge, but receipt of the notice for a period of less than five business days is presumed not to be a sufficient time for these purposes. These presumptions may be rebutted only by clear and convincing evidence to the contrary. (4)(a) A person who purchases a nonprobate asset from a former spouse, former state registered domestic partner, or other person, for value and without actual knowledge, or who receives from a former spouse, former state registered domestic partner, or other person payment or transfer of a nonprobate asset without actual knowledge and in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, property, or benefit nor is liable under this section for the amount of the payment or the value of the nonprobate asset. However, a former spouse, former state registered domestic partner, or other person who, with actual knowledge, not for value, or not in satisfaction of a legally enforceable obligation, receives payment or transfer of a nonprobate asset to which that person is not entitled under this section is obligated to return the payment or nonprobate asset, or is personally liable for the amount of the payment or value of the nonprobate asset, to the person who is entitled to it under this section. (b) As used in this subsection, "actual knowledge" means, for a person described in (a) of this subsection who purchases or receives a nonprobate asset from a former spouse, former state registered domestic partner, or other person, personal knowledge or possession of documents relating to the revocation upon dissolution or invalidation of marriage of provisions relating to the payment or transfer at the decedent's death of the nonprobate asset, received within a time after the decedent's death and before the purchase or receipt that is sufficient to afford the person purchasing or receiving the nonprobate asset reasonable opportunity to act upon the knowledge. Receipt of the personal knowledge or possession of the documents for a period of more than thirty days is presumed to be received within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge, but receipt of the notice for a period of less than five business days is presumed not to be a sufficient time for these purposes. These presumptions may be rebutted only by clear and convincing evidence to the contrary. (5)(a) As used in this section, "nonprobate asset" means those rights and interests of a person having beneficial ownership of an asset that pass on the person's death under only the following written instruments or arrangements other than the decedent's will: (i) A payable-on-death provision of a life insurance policy, employee benefit plan, annuity or similar contract, or individual retirement account, unless provided otherwise by controlling federal law; (ii) A payable-on-death, trust, or joint with right of survivorship bank account; (iii) A trust of which the person is a grantor and that becomes effective or irrevocable only upon the person's death; (iv) Transfer on death beneficiary designations of a transfer on death or pay on death security, or joint tenancy or joint tenancy with right of survivorship designations of a security, if such designations are authorized under Washington law; (v) A transfer on death, pay on death, joint tenancy, or joint tenancy with right of survivorship brokerage account; (vi) A transfer on death deed; (vii) Unless otherwise specifically provided therein, a contract wherein payment or performance under that contract is affected by the death of the person; or (viii) Unless otherwise specifically provided therein, any other written instrument of transfer, within the meaning of RCW 11.02.091 (3), containing a provision for the nonprobate transfer of an asset at death. (b) For the general definition in this title of "nonprobate asset," see *RCW 11.02.005 (10) and for the definition of "nonprobate asset" relating to testamentary disposition of nonprobate assets, see RCW 11.11.010 (7). For the purposes of this chapter, a "bank account" includes an account into or from which cash deposits and withdrawals can be made, and includes demand deposit accounts, time deposit accounts, money market accounts, or certificates of deposit, maintained at a bank, savings and loan association, credit union, brokerage house, or similar financial institution. (6) This section is remedial in nature and applies as of July 25, 1993, to decrees of dissolution and declarations of invalidity entered after July 24, 1993, and this section applies as of January 1, 1995, to decrees of dissolution and declarations of invalidity entered before July 25, 1993.
RCW 11.60.020 — Washington Code / Title 11 / Chapter 60 / Section 020
RCW 11.60.020: Petition, notice, and hearing when personal representative fails to make application.
Status: in_force

If the personal representative fails to make such application, then any person claiming to be entitled to such performance under such contract, may present a petition setting forth the facts upon which such claim is predicated. Notice of hearing shall be in accordance with the provisions of *RCW 11.16.081 .(1) A person is guilty of forgery if, with intent to injure or defraud: (a) He or she falsely makes, completes, or alters a written instrument or; (b) He or she possesses, utters, offers, disposes of, or puts off as true a written instrument which he or she knows to be forged. (2) In a proceeding under this section that is related to an identity theft under RCW 9.35.020 , the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality. (3) Forgery is a class C felony.
RCW 11.104B.550 — Washington Code / Title 11 / Chapter 104B / Section 550
RCW 11.104B.550: Death or termination of interest—When right to income begins and ends.
Status: in_force

(1) An income beneficiary is entitled to net income in accordance with the terms of the trust from the date an income interest begins. The income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to: (a) The trust for the current income beneficiary; or (b) A successive interest for a successor beneficiary. (2) An asset becomes subject to a trust under subsection (1)(a) of this section: (a) For an asset that is transferred to the trust during the settlor's life, on the date the asset is transferred; (b) For an asset that becomes subject to the trust because of a decedent's death, on the date of the decedent's death, even if there is an intervening period of administration of the decedent's estate; or (c) For an asset that is transferred to a fiduciary by a third party because of a decedent's death, on the date of the decedent's death. (3) An asset becomes subject to a successive interest under subsection (1)(b) of this section on the day after the preceding income interest ends, as determined under subsection (4) of this section, even if there is an intervening period of administration to wind up the preceding income interest. (4) An income interest ends on the day before an income beneficiary dies or another terminating event occurs or on the last day of a period during which there is no beneficiary to which a fiduciary may or must distribute income.
RCW 11.28.330 — Washington Code / Title 11 / Chapter 28 / Section 330
RCW 11.28.330: Notice of adjudication of testacy or intestacy and heirship—Contents—Service or mailing.
Status: in_force

If no personal representative is appointed to administer the estate of a decedent, the person obtaining the adjudication of testacy, or intestacy and heirship, within thirty days shall personally serve or mail a true copy of the adjudication to each heir, legatee, and devisee of the decedent, which copy shall contain the name of the decedent's estate and the probate cause number, and shall: (1) State the name and address of the applicant; (2) State that on the . . . . day of . . . . . . , . . . ., the applicant obtained an order from the superior court of . . . . . . county, state of Washington, adjudicating that the decedent died intestate, or testate, whichever shall be the case; (3) In the event the decedent died testate, enclose a copy of his or her will therewith, and state that the adjudication of testacy will become final and conclusive for all legal intents and purposes unless any heir, legatee, or devisee of the decedent shall contest said will within four months after the date the said will was adjudicated to be the last will and testament of the decedent; (4) In the event that the decedent died intestate, set forth the names and addresses of the heirs of the decedent, their relationship to the decedent, the distributive shares of the estate of the decedent which they are entitled to receive, and that said adjudication of intestacy and heirship shall become final and conclusive for all legal intents and purposes, unless, within four months of the date of said adjudication of intestacy, a petition shall be filed seeking the admission of a will of the decedent for probate, or contesting the adjudication of heirship. Notices provided for in this section may be served personally or sent by regular mail, and proof of such service or mailing shall be made by an affidavit filed in the cause; (5) Mail a true copy of the adjudication, including the decedent's social security number and the name and address of the applicant, to the state of Washington department of social and health services office of financial recovery.
RCW 11.130.140 — Washington Code / Title 11 / Chapter 130 / Section 140
RCW 11.130.140: Grievance or complaint against guardian or conservator.
Status: in_force

(1) An individual who is subject to guardianship or conservatorship, or person interested in the welfare of an individual subject to guardianship or conservatorship, that reasonably believes the guardian or conservator is breaching the guardian's or conservator's fiduciary duty or otherwise acting in a manner inconsistent with this chapter may file a grievance in a record with the court. (2)(a) An unrepresented person or entity may submit a complaint to the court. Complaints must be addressed to one of the following designees of the court: The clerk of the court having jurisdiction in the guardianship, the court administrator, or the guardianship monitoring program, and must identify the complainant and the person who is the subject of the guardianship or conservatorship. The complaint must also provide the complainant's address, the case number (if available), and the address of the person subject to a guardianship or conservatorship (if available). The complaint must state facts to support the claim. (b) By the next judicial day after receipt of a complaint from an unrepresented person, the court's designee must ensure the original complaint is filed and deliver the complaint to the court. (c) Within fourteen days of being presented with a complaint, the court must enter an order to do one or more of the following actions: (i) To show cause, with fourteen days' notice, directing the guardian or conservator to appear at a hearing set by the court in order to respond to the complaint; (ii) To appoint a court visitor or other court representative to investigate the issues raised by the complaint or to take any emergency action the court deems necessary to protect the person subject to a guardianship or conservatorship until a hearing can be held; (iii) To dismiss the complaint without scheduling a hearing, if it appears to the court that the complaint: Is without merit on its face; is filed in other than good faith; is filed for an improper purpose; regards issues that have already been adjudicated; or is frivolous. In making a determination, the court may review the matter and consider previous behavior of the complainant that is documented in the guardianship or conservatorship record; (iv) To direct the guardian or conservator to provide, in not less than fourteen days, a written report to the court on the issues raised in the complaint; (v) To defer consideration of the complaint until the next regularly scheduled hearing in the guardianship or conservatorship, if the date of that hearing is within the next three months, provided that there is no indication that the person subject to a guardianship or conservatorship will suffer physical, emotional, financial, or other harm as a result of the court's deferral of consideration; (vi) To order other action, in the court's discretion, in addition to doing one or more of the actions set out in this subsection. (3) Subject to subsection (4) of this section, after receiving a grievance under subsection (1) of this section, the court: (a) Shall promptly review the grievance against a guardian and shall act to protect the autonomy, values, preferences, and independence of the individual subject to guardianship or conservatorship; (b) Shall schedule a hearing if the individual subject to guardianship or conservatorship is an adult and the grievance supports a reasonable belief that: (i) Removal of the guardian and appointment of a successor may be appropriate under RCW 11.130.350 ; (ii) Termination or modification of the guardianship may be appropriate under RCW 11.130.355 ; (iii) Removal of the conservator and appointment of a successor may be appropriate under RCW 11.130.565 ; (iv) Termination or modification of the conservatorship may be appropriate under RCW 11.130.570 ; or (v) A hearing is necessary to resolve the allegations set forth in the grievance; and (c) May take any action supported by the evidence, including: (i) Ordering the guardian or conservator to provide the court a report, accounting, inventory, updated plan, or other information; (ii) Appointing a court visitor; (iii) Appointing an attorney for the individual subject to guardianship or conservatorship; or (iv) Holding a hearing. (4) The court may decline to act under subsection (3) of this section if a similar grievance was filed within the six months preceding the filing of the current grievance and the court followed the procedures of subsection (3) of this section in considering the earlier grievance; and may levy necessary sanctions, including but not limited to the imposition of reasonable attorney fees, costs, striking pleadings, or other appropriate relief, if after consideration the court finds that the grievance is made for reason to harass, delay, with malice, or other bad faith. (5) In any court action under this section where the court finds the professional guardian or conservator breached a fiduciary duty, the court must direct the clerk of the court to send a copy of the order entered under this section to the certified professional guardianship board. (6) A court shall not dismiss a grievance that has been filed against a guardian or conservator due to an inability to resolve the grievance in a timely manner.
RCW 11.114.060 — Washington Code / Title 11 / Chapter 114 / Section 060
RCW 11.114.060: Other transfer by fiduciary.
Status: in_force

(1) A personal representative or trustee may make an irrevocable transfer to an adult or trust company for the benefit of a minor pursuant to RCW 11.114.090 , in the absence of a will or under a will or trust that does not contain an authorization to do so, but only if: (a) The personal representative or trustee, or the court if an order is requested under (c) of this subsection, considers the transfer to be in the best interest of the minor; (b) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust instrument, or other governing instrument; and (c) The transfer is authorized by the court if it exceeds thirty thousand dollars in value. The personal representative, the trustee, or a member of the minor's family may select the custodian, subject to court approval. The personal representative or trustee may serve as custodian, provided he or she falls within the class of persons eligible to serve as custodian under RCW 11.114.090 (1). (2) A member of the minor's family may request that the court establish a custodianship if a custodianship has not already been established, regardless of the value of the transfer.
RCW 11.62.010 — Washington Code / Title 11 / Chapter 62 / Section 010
RCW 11.62.010: Disposition of personal property, debts by affidavit, proof of death—Contents of affidavit—Procedure—Securities.
Status: in_force

(1) At any time after forty days from the date of a decedent's death, any person who is indebted to or who has possession of any personal property belonging to the decedent or to the decedent and his or her surviving spouse or surviving domestic partner as a community, which debt or personal property is an asset which is subject to probate, shall pay such indebtedness or deliver such personal property, or so much of either as is claimed, to a person claiming to be a successor of the decedent upon receipt of proof of death and of an affidavit made by said person which meets the requirements of subsection (2) of this section. (2) An affidavit which is to be made pursuant to this section shall state: (a) The claiming successor's name and address, and that the claiming successor is a "successor" as defined in RCW 11.62.005 ; (b) That the decedent was a resident of the state of Washington on the date of his or her death; (c) That the value of the decedent's entire estate subject to probate, not including the surviving spouse's or surviving domestic partner's community property interest in any assets which are subject to probate in the decedent's estate, wherever located, less liens and encumbrances, does not exceed one hundred thousand dollars; (d) That forty days have elapsed since the death of the decedent; (e) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; (f) That all debts of the decedent including funeral and burial expenses have been paid or provided for; (g) A description of the personal property and the portion thereof claimed, together with a statement that such personal property is subject to probate; (h) That the claiming successor has given written notice, either by personal service or by mail, identifying his or her claim, and describing the property claimed, to all other successors of the decedent, and that at least ten days have elapsed since the service or mailing of such notice; and (i) That the claiming successor is either personally entitled to full payment or delivery of the property claimed or is entitled to full payment or delivery thereof on the behalf and with the written authority of all other successors who have an interest therein. (3) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to be the successor with respect to such security upon the presentation of proof of death and of an affidavit made by such person which meets the requirements of subsection (2) of this section. Any governmental agency required to issue certificates of ownership or of license registration to personal property shall issue a new certificate of ownership or of license registration to a person claiming to be a successor of the decedent upon receipt of proof of death and of an affidavit made by such person which meets the requirements of subsection (2) of this section. (4) No release from any Washington state or local taxing authority may be required before any assets or debts are paid or delivered to a successor of a decedent as required under this section. (5) A copy of the affidavit, including the decedent's social security number, shall be mailed to the state of Washington, department of social and health services, office of financial recovery.
RCW 11.11.080 — Washington Code / Title 11 / Chapter 11 / Section 080
RCW 11.11.080: Nonprobate assets not property of estate—Effect of notice on administration—Effect of preceding death of devisee or legatee.
Status: in_force

(1) Notwithstanding any provision of this chapter, a nonprobate asset disposed of under the owner's will may not be treated as a part of the owner's probate estate for any other purpose under this title, unless: (a) The nonprobate asset is subject to liabilities and claims, estate taxes, and expenses of administration under RCW 11.18.200 ; or (b) Any section of this title directs otherwise, by specifically referring to this section. (2) Provision of notice under this chapter has no effect on the administration of other assets of the estate of the owner. The personal representative has no duty to administer upon a nonprobate asset because of providing the notice, unless specifically required by this chapter or under RCW 11.18.200 . (3) RCW 11.12.110 , regarding death of a devisee or legatee before the testator, does not apply to disposition of a nonprobate asset under a will.
RCW 11.125.190 — Washington Code / Title 11 / Chapter 125 / Section 190
RCW 11.125.190: Acknowledged power of attorney—When may rely upon—Certification or translation request.
Status: in_force

(1) For purposes of this section and RCW 11.125.200 , "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments. (2) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under RCW 11.125.050 that the signature is genuine. (3) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority. (4) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation: (a) An agent's certification given under penalty of perjury meeting the requirements of subsection (5) of this section; and (b) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English. (5) A certification presented pursuant to subsection (4) of this section or pursuant to RCW 11.125.200 shall state that: (a) The person presenting himself or herself as the agent and signing the affidavit or declaration is the person so named in the power of attorney; (b) If the agent is named in the power of attorney as a successor agent, the circumstances or conditions stated in the power of attorney that would cause that person to become the acting agent have occurred; (c) To the best of the agent's knowledge, the principal is still alive; (d) To the best of the agent's knowledge, at the time the power of attorney was signed, the principal was competent to execute the document and was not under undue influence to sign the document; (e) All events necessary to making the power of attorney effective have occurred; (f) The agent does not have actual knowledge of the revocation, termination, limitation, or modification of the power of attorney or of the agent's authority; (g) The agent does not have actual knowledge of the existence of other circumstances that would limit, modify, revoke, or terminate the power of attorney or the agent's authority to take the proposed action; (h) If the agent was married to or in a state registered domestic partnership with the principal at the time of execution of the power of attorney, then at the time of signing the affidavit or declaration, the marriage or state registered domestic partnership of the principal and the agent has not been dissolved or declared invalid, and no action is pending for the dissolution of the marriage or domestic partnership or for legal separation; and (i) The agent is acting in good faith pursuant to the authority given under the power of attorney. (6) An English translation requested under this section must be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance. (7) For purposes of this section and RCW 11.125.200 , a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
RCW 11.48.020 — Washington Code / Title 11 / Chapter 48 / Section 020
RCW 11.48.020: Right to possession and management of estate.
Status: in_force

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

Every personal representative shall, after having qualified, by giving bond as hereinbefore provided, have a right to the immediate possession of all the real as well as personal estate of the deceased, and may receive the rents and profits of the real estate until the estate shall be settled or delivered over, by order of the court, to the heirs or devisees, and shall keep in tenantable repair all houses, buildings and fixtures thereon, which are under his or her control.