RCW 11.120.120 — Washington Code / Title 11 / Chapter 120 / Section 120
RCW 11.120.120: Disclosure of content of electronic communications held in trust when trustee not original user.
Status: in_force

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian: (1) A written request for disclosure in physical or electronic form; (2) A certified copy of the trust instrument, or a certification of the trust under RCW 11.98.075 , that includes consent to disclosure of the content of electronic communications to the trustee; (3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and (4) If requested by the custodian: (a) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or (b) Evidence linking the account to the trust.
RCW 11.11.010 — Washington Code / Title 11 / Chapter 11 / Section 010
RCW 11.11.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1)(a) "Actual knowledge" means: (i) For a financial institution, whether acting as personal representative or otherwise, or other third party in possession or control of a nonprobate asset, receipt of written notice that: (A) Complies with RCW 11.11.050 ; (B) pertains to the testamentary disposition or ownership of a nonprobate asset in its possession or control; and (C) is received by the financial institution or third party after the death of the owner in a time sufficient to afford the financial institution or third party a reasonable opportunity to act upon the knowledge; and (ii) For a personal representative that is not a financial institution, personal knowledge or possession of documents relating to the testamentary disposition or ownership of a nonprobate asset of the owner sufficient to afford the personal representative reasonable opportunity to act upon the knowledge, including reasonable opportunity for the personal representative to provide the written notice under RCW 11.11.050 . (b) For the purposes of (a) of this subsection, notice of more than thirty days is presumed to be notice that is sufficient to afford the party a reasonable opportunity to act upon the knowledge, but notice of less than five business days is presumed not to be a sufficient notice for these purposes. These presumptions may be rebutted only by clear and convincing evidence to the contrary. (2) "Beneficiary" means the person designated to receive a nonprobate asset upon the death of the owner by means other than the owner's will. (3) "Broker" means a person defined as a broker or dealer under the federal securities laws. (4) "Date of will" means, as to any nonprobate asset, the date of signature of the will or codicil that refers to the asset and disposes of it. (5) "Designate" means a written means by which the owner selects a beneficiary, including but not limited to instruments under contractual arrangements and registration of accounts, and "designation" means the selection. (6) "Financial institution" means: A bank, trust company, mutual savings bank, savings and loan association, credit union, broker, or issuer of stock or its transfer agent. (7)(a) "Nonprobate asset" means a nonprobate asset within the meaning of RCW 11.02.005 , but excluding the following: (i) A right or interest in real property passing under a joint tenancy with right of survivorship; (ii) A deed or conveyance for which possession has been postponed until the death of the owner; (iii) A transfer on death deed; (iv) A right or interest passing under a community property agreement; and (v) An individual retirement account or bond. (b) For the definition of "nonprobate asset" relating to revocation of a provision for a former spouse or former domestic partner upon dissolution of marriage or state registered domestic partnership or declaration of invalidity of marriage or state registered domestic partnership, see RCW 11.07.010 (5). (8) "Owner" means a person who, during life, has beneficial ownership of the nonprobate asset. (9) "Request" means a request by the beneficiary for transfer of a nonprobate asset after the death of the owner, if it complies with all conditions of the arrangement, including reasonable special requirements concerning necessary signatures and regulations of the financial institution or other third party, or by the personal representative of the owner's estate or the testamentary beneficiary, if it complies with the owner's will and any additional conditions of the financial institution or third party for such transfer. (10) "Testamentary beneficiary" means a person named under the owner's will to receive a nonprobate asset under this chapter, including but not limited to the trustee of a testamentary trust. (11) "Third party" means a person, including a financial institution, having possession of or control over a nonprobate asset at the death of the owner, including the trustee of a revocable living trust and surviving joint tenant or tenants.
RCW 11.130.100 — Washington Code / Title 11 / Chapter 130 / Section 100
RCW 11.130.100: Compensation and expenses—In general.
Status: in_force

(1) Unless otherwise compensated or reimbursed, an attorney for a respondent in a proceeding under this chapter is entitled to reasonable compensation for services and reimbursement of reasonable expenses from the property of the respondent. (2) Unless otherwise compensated or reimbursed, an attorney, or other person whose services resulted in an order beneficial to an individual subject to guardianship or conservatorship or for whom a protective arrangement under Article 5 of this chapter was ordered, is entitled to reasonable compensation for services and reimbursement of reasonable expenses from the property of the individual. (3) Where the person subject to guardianship or conservatorship is a department of social and health services client, or health care authority client, and is required to contribute a portion of their income towards the cost of long-term care services or room and board, the amount of compensation or reimbursement shall not exceed the amount allowed by the department of social and health services or health care authority by rule. (4) Where the person subject to guardianship or conservatorship receives guardianship, conservatorships, or other protective services from the *office of public guardianship, the amount of compensation or reimbursement shall not exceed the amount allowed by the *office of public guardianship. (5) The court must approve compensation and expenses payable under this section before payment. Approval is not required before a service is provided or an expense is incurred. (6) If the court dismisses a petition under this chapter and determines the petition was filed in bad faith, the court may assess the cost of any court-ordered professional evaluation, court-appointed attorney, or court visitor against the petitioner.
RCW 11.104B.210 — Washington Code / Title 11 / Chapter 104B / Section 210
RCW 11.104B.210: Receipts from entities—Distributions from trusts and estates.
Status: in_force

A fiduciary shall allocate to income an amount received as a distribution of income, including a unitrust distribution under Article 3 of this chapter, from a trust or estate in which the fiduciary has an interest, other than an interest the fiduciary purchased in a trust that is an investment entity, and shall allocate to principal an amount received as a distribution of principal from the trust or estate. If a fiduciary purchases, or receives from a settlor, an interest in a trust that is an investment entity, RCW 11.104B.200 , 11.104B.340 , or 11.104B.350 applies to a receipt from the trust.
RCW 11.95A.900 — Washington Code / Title 11 / Chapter 95A / Section 900
RCW 11.95A.900: Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
RCW 11.106.080 — Washington Code / Title 11 / Chapter 106 / Section 080
RCW 11.106.080: Effect of decree.
Status: in_force

The decree rendered under RCW 11.106.070 shall be deemed final, conclusive, and binding upon all the parties interested including all incompetent, unborn, and unascertained beneficiaries of the trust subject only to the right of appeal under RCW 11.106.090 .
RCW 11.130.520 — Washington Code / Title 11 / Chapter 130 / Section 520
RCW 11.130.520: Administrative powers of conservator not requiring court approval.
Status: in_force

(1) Except as otherwise provided in RCW 11.130.435 or qualified or limited in the court's order of appointment and stated in the letters of office, a conservator has all powers granted in this section and any additional power granted to a trustee by law of this state other than this chapter. (2) A conservator, acting reasonably and consistent with the fiduciary duties of the conservator to accomplish the purpose of the conservatorship, without specific court authorization or confirmation, may with respect to the conservatorship estate: (a) Collect, hold, and retain property, including property in which the conservator has a personal interest and real property in another state, until the conservator determines disposition of the property should be made; (b) Receive additions to the conservatorship estate; (c) Continue or participate in the operation of a business or other enterprise; (d) Acquire an undivided interest in property in which the conservator, in a fiduciary capacity, holds an undivided interest; (e) Invest assets; (f) Deposit funds or other property in a financial institution, including one operated by the conservator; (g) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or a pooling or unitization agreement; (h) Grant an option involving disposition of property or accept or exercise an option for the acquisition of property; (i) Vote a security, in person or by general or limited proxy; (j) Pay a call, assessment, or other sum chargeable or accruing against or on account of a security; (k) Sell or exercise a stock subscription or conversion right; (l) Consent, directly or through a committee or agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise; (m) Hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery; (n) Insure: (i) The conservatorship estate, in whole or in part, against damage or loss in accordance with RCW 11.130.505 (10); and (ii) The conservator against liability with respect to a third person; (o) Borrow funds, with or without security, to be repaid from the conservatorship estate or otherwise; (p) Advance funds for the protection of the conservatorship estate or the individual subject to conservatorship and all expenses, losses, and liability sustained in the administration of the conservatorship estate or because of holding any property for which the conservator has a lien on the conservatorship estate; (q) Pay or contest a claim, settle a claim by or against the conservatorship estate or the individual subject to conservatorship by compromise, arbitration, or otherwise, or release, in whole or in part, a claim belonging to the conservatorship estate to the extent the claim is uncollectible; (r) Pay a tax, assessment, compensation of the conservator or any guardian, and other expense incurred in the collection, care, administration, and protection of the conservatorship estate; (s) Pay a sum distributable to the individual subject to conservatorship or an individual who is in fact dependent on the individual subject to conservatorship by paying the sum to the distributee or for the use of the distributee: (i) To the guardian for the distributee; (ii) To the custodian of the distributee under the uniform transfers to minors act (chapter 11.114 RCW); or (iii) If there is no guardian, custodian, or custodial trustee, to a relative or other person having physical custody of the distributee; (t) Bring or defend an action, claim, or proceeding in any jurisdiction for the protection of the conservatorship estate or the conservator in the performance of the conservator's duties; and (u) Execute and deliver any instrument that will accomplish or facilitate the exercise of a power of the conservator.
RCW 11.44.025 — Washington Code / Title 11 / Chapter 44 / Section 025
RCW 11.44.025: Additional inventory and appraisement—Copy distribution.
Status: in_force

Whenever any property of the estate not mentioned in the inventory and appraisement comes to the knowledge of a personal representative, the personal representative shall cause the property to be inventoried and appraised and shall make and verify by affidavit a true inventory and appraisement of the property within thirty days after the discovery thereof, unless a longer time shall be granted by the court, and shall provide a copy of the inventory and appraisement to every person who has properly requested a copy of the inventory and appraisement under RCW 11.44.015 (2).
RCW 11.130.150 — Washington Code / Title 11 / Chapter 130 / Section 150
RCW 11.130.150: Ex parte communications—Removal.
Status: in_force

A guardian ad litem or visitor shall not engage in ex parte communications with any judicial officer involved in the matter for which he or she is appointed during the pendency of the proceeding, except as permitted by court rule or statute for ex parte motions. Ex parte motions shall be heard in open court on the record. The record may be preserved in a manner deemed appropriate by the county where the matter is heard. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem or visitor who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on the pending case.
RCW 11.90.400 — Washington Code / Title 11 / Chapter 90 / Section 400
RCW 11.90.400: Procedure for transfer of guardianship or conservatorship to an out-of-state court.
Status: in_force

(1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (2) Notice of a petition under subsection (1) of this section must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator. (3) On the court's own motion or on request of the guardian or conservator, the person under a guardianship, person under a conservatorship, or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (1) of this section. (4) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that: (a) The person under a guardianship is physically present in or is reasonably expected to move permanently to the other state; (b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the person under a guardianship; and (c) Plans for care and services for the person under a guardianship in the other state are reasonable and sufficient. (5) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that: (a) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in RCW 11.90.200 (2); (b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and (c) Adequate arrangements will be made for management of the protected person's property. (6) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of: (a) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to RCW 11.90.410 ; and (b) The documents required to terminate a guardianship or conservatorship in this state.
RCW 11.96A.900 — Washington Code / Title 11 / Chapter 96A / Section 900
RCW 11.96A.900: Short title.
Status: in_force

This chapter may be known and cited as the trust and estate dispute resolution act or "TEDRA."
RCW 11.104B.330 — Washington Code / Title 11 / Chapter 104B / Section 330
RCW 11.104B.330: Receipts normally apportioned—Derivatives and options.
Status: in_force

(1) In this section, "derivative" means a contract, instrument, other arrangement, or combination of contracts, instruments, or other arrangements, the value, rights, and obligations of which are, in whole or in part, dependent on or derived from an underlying tangible or intangible asset, group of tangible or intangible assets, index, or occurrence of an event. The term includes stocks, fixed income securities, and financial instruments and arrangements based on indices, commodities, interest rates, weather-related events, and credit default events. (2) To the extent a fiduciary does not account for a transaction in derivatives as a business under RCW 11.104B.220 , the fiduciary shall allocate all receipts from the transaction and all disbursements made in connection with the transaction to principal. (3) Subsection (4) of this section applies if: (a) A fiduciary: (i) Grants an option to buy property from a trust, whether or not the trust owns the property when the option is granted; (ii) Grants an option that permits another person to sell property to the trust; or (iii) Acquires an option to buy property for the trust or an option to sell an asset owned by the trust; and (b) The fiduciary or other owner of the asset is required to deliver the asset if the option is exercised. (4) If this subsection applies, the fiduciary shall allocate 10 percent to income and the balance to principal of the following amounts: (a) An amount received for granting the option; (b) An amount paid to acquire the option; and (c) Gain or loss realized on the exercise, exchange, settlement, offset, closing, or expiration of the option.
RCW 11.98.105 — Washington Code / Title 11 / Chapter 98 / Section 105
RCW 11.98.105: Nonliability of third persons without knowledge of breach.
Status: in_force

(1) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power. (2) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise. (3) A person who in good faith delivers assets to a trustee need not ensure their proper application. (4) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee. (5) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
RCW 11.130.050 — Washington Code / Title 11 / Chapter 130 / Section 050
RCW 11.130.050: Co-guardian—Co-conservator.
Status: in_force

(1) The court at any time may appoint a co-guardian or co-conservator to serve immediately or when a designated event occurs. (2) A co-guardian or co-conservator appointed to serve immediately may act when that co-guardian or co-conservator complies with RCW 11.130.040 . (3) A co-guardian or co-conservator appointed to serve when a designated event occurs may act when: (a) The event occurs; and (b) That co-guardian or co-conservator complies with RCW 11.130.040 . (4) Unless an order of appointment under subsection (1) of this section or subsequent order states otherwise, co-guardians or co-conservators shall make decisions jointly.
RCW 11.130.335 — Washington Code / Title 11 / Chapter 130 / Section 335
RCW 11.130.335: Special limitations on guardian's power.
Status: in_force

(1) A guardian for an adult does not have the power to revoke or amend a power of attorney for health care or power of attorney for finances executed by the adult. If a power of attorney for health care is in effect, unless there is a court order to the contrary, a health care decision of an agent takes precedence over that of the guardian and the guardian shall cooperate with the agent to the extent feasible. If a power of attorney for finances is in effect, unless there is a court order to the contrary, a decision by the agent which the agent is authorized to make under the power of attorney for finances takes precedence over that of the guardian and the guardian shall cooperate with the agent to the extent feasible. The court has authority to revoke or amend any power of attorney executed by the adult. (2) A guardian for an adult shall not initiate the commitment of the adult to an evaluation and treatment facility except in accordance with the provisions of chapter 10.77 , 71.05, or 72.23 RCW. (3) Unless authorized by the court in accordance with subsection (4) of this section within the past thirty days, a guardian for an adult may not consent to any of the following procedures for the adult: (a) Therapy or other procedure to induce convulsion; (b) Surgery solely for the purpose of psychosurgery; or (c) Other psychiatric or mental health procedures that restrict physical freedom of movement or the rights set forth in RCW 71.05.217 . (4) The court may order a procedure listed in subsection (3) of this section only after giving notice to the adult's attorney and holding a hearing. If the adult does not have an attorney, the court must appoint an attorney for the adult prior to entering an order under this subsection. (5) Persons under a guardianship, conservatorship, or other protective arrangements—Right to associate with persons of their choosing. (a) Except as otherwise provided in this section, an adult subject to a guardianship, conservatorship, or other protective arrangement retains the right to associate with other persons of the adult's choosing. This right includes, but is not limited to, the right to freely communicate and interact with other persons, whether through in-person visits, telephone calls, electronic communication, personal mail, or other means. If the adult subject to a guardianship, conservatorship, or other protective arrangement is unable to express consent for communication, visitation, or interaction with another person, or is otherwise unable to make a decision regarding association with another person, the guardian, conservator, or person acting under a protective arrangement, whether full or limited, must: (i) Personally inform the adult subject to a guardianship, conservatorship, or other protective arrangement of the decision under consideration, using plain language, in a manner calculated to maximize the understanding of the adult; (ii) Maximize the adult's participation in the decision-making process to the greatest extent possible, consistent with the adult's abilities; and (iii) Give substantial weight to the adult's preferences, both expressed and historical. (b) A guardian or limited guardian, a conservator or limited conservator, or a person acting under a protective arrangement may not restrict an adult's right to communicate, visit, interact, or otherwise associate with persons of the adult's choosing, unless: (i) The restriction is specifically authorized by the court in the court order establishing or modifying the guardianship or limited guardianship, the conservatorship or limited conservatorship, or the protective arrangement under this chapter; (ii) The restriction is pursuant to a protection order issued under chapter 7.105 RCW, or other law, that limits contact between the adult under a guardianship, conservatorship, or other protective arrangement and other persons; (iii)(A) The guardian or limited guardian, the conservator or limited conservator, or the person acting under the protective arrangement has good cause to believe that there is an immediate need to restrict the adult's right to communicate, visit, interact, or otherwise associate with persons of the adult's choosing in order to protect the adult from abuse, neglect, abandonment, or financial exploitation, as those terms are defined in RCW 74.34.020 , or to protect the adult from activities that unnecessarily impose significant distress on the adult; and (B) Within fourteen calendar days of imposing the restriction under (b)(iii)(A) of this subsection, the guardian or limited guardian, the conservator or limited conservator, or the person acting under the protective arrangement files a petition for a vulnerable adult protection order under chapter 7.105 RCW. The immediate need restriction may remain in place until the court has heard and issued an order or decision on the petition; or (iv) The restriction is pursuant to participation in the community protection program under chapter 71A.12 RCW. (6) A vulnerable adult protection order under chapter 7.105 RCW issued to protect the adult under a guardianship, conservatorship, or other protective arrangement as described in subsection (5)(b)(iii)(B) of this section: (a) Must include written findings of fact and conclusions of law; (b) May not be more restrictive than necessary to protect the adult from abuse, neglect, abandonment, or financial exploitation as those terms are defined in RCW 7.105.010 ; and (c) May not deny communication, visitation, interaction, or other association between the adult and another person unless the court finds that placing reasonable time, place, or manner restrictions is unlikely to sufficiently protect the adult from abuse, neglect, abandonment, or financial exploitation as those terms are defined in RCW 7.105.010 .
RCW 11.95A.020 — Washington Code / Title 11 / Chapter 95A / Section 020
RCW 11.95A.020: Governing law.
Status: in_force

Unless the terms of the instrument creating a power of appointment manifest a contrary intent: (1) The creation, revocation, or amendment of the power is governed by the law of the donor's domicile at the time the action is taken; and (2) The exercise, release, lapse, or disclaimer of the power, or the revocation or amendment of the exercise, release, lapse, or disclaimer of the power, is governed by the law of the powerholder's domicile at the time the action is taken.
RCW 11.12.020 — Washington Code / Title 11 / Chapter 12 / Section 020
RCW 11.12.020: Requisites of wills—Foreign wills—Electronic presence.
Status: in_force

(1) Except as provided in RCW 11.12.400 through 11.12.491 , every will shall be in writing signed by the testator or by some other person under the testator's direction in the testator's presence or electronic presence, and shall be attested by two or more competent witnesses, by subscribing their names to the will, or by signing an affidavit that complies with RCW 11.20.020 (2), while in the presence or electronic presence of the testator and at the testator's direction or request: PROVIDED, That a last will and testament, executed in the mode prescribed by the law of the place where executed or of the testator's domicile, either at the time of the will's execution or at the time of the testator's death, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of this state. Any will executed by a testator and witnesses who are not in the same physical location but in the electronic presence of one another in accordance with this section may be executed, attested, or acknowledged in counterparts, which together shall be considered a single document. (2) This section shall be applied to all wills, whenever executed, including those subject to pending probate proceedings.
RCW 11.120.080 — Washington Code / Title 11 / Chapter 120 / Section 080
RCW 11.120.080: Disclosure of other digital assets of deceased user.
Status: in_force

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications of the user, if the representative gives the custodian: (1) A written request for disclosure in physical or electronic form; (2) A certified copy of the death certificate of the user; (3) A certified copy of the letter of appointment of the representative, or a small estate affidavit or court order; and (4) If requested by the custodian: (a) A number, user name, or address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (b) Evidence linking the account to the user; (c) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or (d) A finding by the court that: (i) The user had a specific account with the custodian, identifiable by the information specified in (a) of this subsection; or (ii) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.
RCW 11.130.257 — Washington Code / Title 11 / Chapter 130 / Section 257
RCW 11.130.257: Temporary support, restraining, and protective orders—Effect—Support debts to state.
Status: in_force

(1) In a proceeding under this chapter either party may file a motion for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested. (2) In a proceeding under this chapter either party may file a motion for a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining another party from: (a) Molesting or disturbing the peace of the other party or of any child; (b) Entering the family home or the home of the other party upon a showing of the necessity therefor; (c) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and (d) Removing a child from the jurisdiction of the court. (3) Either party may request a domestic violence protection order or an antiharassment protection order under chapter 7.105 RCW on a temporary basis by filing an appropriate separate civil cause of action. The petitioner shall inform the court of the existence of the action under this title. The court shall set all future protection hearings on the guardianship calendar to be heard concurrent with the action under this title and the clerk shall relate the cases in the case management system. The court may grant any of the relief provided in RCW 7.105.310 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time. (4) In issuing the order, the court shall consider the provisions of RCW 9.41.800 , and shall order the respondent to surrender, and prohibit the respondent from possessing, all firearms, dangerous weapons, and any concealed pistol license as required in RCW 9.41.800 . Such orders may only be made in the civil protection case related to the action under this title. (5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed. (6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. (7) A temporary order, temporary restraining order, or preliminary injunction: (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding; (b) May be revoked or modified; (c) Terminates when the final order is entered or when the motion is dismissed; (d) May be entered in a proceeding for the modification of an existing order. (8) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.
RCW 11.98.080 — Washington Code / Title 11 / Chapter 98 / Section 080
RCW 11.98.080: Consolidation of trusts.
Status: in_force

(1)(a) Two or more trusts may be consolidated if: (i) The trusts so provide; or (ii) Whether provided in the trusts or not, the requirements of subsection (2), (3), or (4) of this section are satisfied. (b) Consolidation under subsection (2), (3), or (4) of this section is permitted only if: (i) The dispositive provisions of each trust to be consolidated are substantially similar; (ii) Consolidation is not inconsistent with the intent of the trustor with regard to any trust to be consolidated; and (iii) Consolidation would facilitate administration of the trusts and would not materially impair the interests of the beneficiaries. (c) Trusts may be consolidated whether created inter vivos or by will, by the same or different instruments, by the same or different trustors, whether the trustees are the same, and regardless of where the trusts were created or administered. (2)(a) A trustee must deliver sixty days in advance written notice of a proposed consolidation in the manner provided in RCW 11.96A.110 to the qualified beneficiaries of every trust affected by the consolidation and to any trustee of such trusts who does not join in the notice. The notice must: (i) State the name and mailing address of the trustee; (ii) include a copy of the governing instrument of each trust to be consolidated; (iii) include a statement of assets and liabilities of each trust to be consolidated, dated within ninety days of the notice; (iv) fully describe the terms and manner of consolidation; and (v) state the reasons supporting the requirements of subsection (1)(b) of this section. The notice must advise the recipient of the right to petition for a judicial determination of the proposed consolidation as provided in subsection (4) of this section, and must indicate that the recipient has thirty days to object to the proposed consolidation. (b) If the trustee receives written objection to the proposed consolidation from any trustee or beneficiary entitled to notice or from their representatives within the objection period provided in subsection (a) of this section, the trustee(s) may not consolidate the trusts as provided in the notice, though an objection does not preclude the trustee or a beneficiary's right to petition for a judicial determination of the proposed consolidation as provided in subsection (4) of this section. If the trustee does not receive any objection within the objection period provided above, then the trustee may consolidate the trusts, and such will be deemed the equivalent of an order entered by the court declaring that the trusts were combined in the manner provided in the initial notice. (3) The trustees of two or more trusts may consolidate the trusts on such terms and conditions as appropriate without court approval as provided in RCW 11.96A.220 . (4)(a) Any trustee, beneficiary, or special representative may petition the superior court of the county in which the situs of a trust is located for an order consolidating two or more trusts under RCW 11.96A.080 through 11.96A.200 . (b) At the conclusion of the hearing, if the court finds that the requirements of subsection (1)(b) of this section have been satisfied, it may direct consolidation of two or more trusts on such terms and conditions as appropriate. The court in its discretion may provide for payment from one or more of the trusts of reasonable fees and expenses for any party to the proceeding. (5) This section applies to all trusts whenever created. Any person dealing with the trustee of the resulting consolidated trust is entitled to rely on the authority of that trustee to act and is not obliged to inquire into the validity or propriety of the consolidation under this section. (6) For powers of fiduciaries to divide trusts, see RCW 11.108.025 .
RCW 11.72.006 — Washington Code / Title 11 / Chapter 72 / Section 006
RCW 11.72.006: Decree of partial distribution—Distribution of part of estate.
Status: in_force

After the expiration of the time limited for the filing of claims and before final settlement of the accounts of the personal representative, a partial distribution may be decreed, with notice to interested persons, as the court may direct. Such distribution shall be as conclusive as a decree of final distribution with respect to the estate distributed except to the extent that other distributees and claimants are deprived of the fair share or amount which they would otherwise receive on final distribution. Before a partial distribution is so decreed, the court may require that security be given for the return of the property so distributed to the extent necessary to satisfy any distributees and claimants who may be prejudiced as aforesaid by the distribution. In the event of a request for a partial distribution asked by a person other than the personal representative of the estate, the costs of such proceedings and a reasonable allowance for attorneys fees shall be assessed against the applicant or applicants for the benefit of the estate.
RCW 11.130.265 — Washington Code / Title 11 / Chapter 130 / Section 265
RCW 11.130.265: Basis for appointment of guardian for adult.
Status: in_force

(1) On petition and after notice and hearing, the court may: (a) Appoint a guardian for an adult if the court finds by clear and convincing evidence that: (i) The respondent lacks the ability to meet essential requirements for physical health, safety, or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision making; (ii) Appointment is necessary to prevent significant risk of harm to the adult respondent's physical health, safety, or self-care; and (iii) The respondent's identified needs cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative; or (b) With appropriate findings, treat the petition as one for a conservatorship under Article 4 of this chapter or protective arrangement under Article 5 of this chapter, issue any appropriate order, or dismiss the proceeding. (2) The court shall grant a guardian appointed under subsection (1) of this section only those powers necessitated by the demonstrated needs and limitations of the respondent and issue orders that will encourage development of the respondent's maximum self-determination and independence. The court may not establish a full guardianship if a limited guardianship, protective arrangement instead of guardianship, or other less restrictive alternative would meet the needs of the respondent. (3) A determination by the court that a basis exists under subsection (1) of this section for the appointment of a guardian and on the issue of the rights that will be retained or restricted by the appointment of a guardian is a legal decision, not a medical decision. The determination must be based on a demonstration of management insufficiencies over time in the area of physical health, safety, or self-care. Age, eccentricity, poverty, or medical diagnosis alone are not sufficient basis under subsection (1) of this section to justify a determination that a guardian should be appointed for the respondent.
RCW 11.48.040 — Washington Code / Title 11 / Chapter 48 / Section 040
RCW 11.48.040: Not chargeable on special promise to pay decedent's debts unless in writing.
Status: in_force

No personal representative shall be chargeable upon any special promise to answer damages, or to pay the debts of the testator or intestate out of his or her own estate, unless the agreement for that purpose, or some memorandum or note thereof, is in writing and signed by such personal representative, or by some other person by him or her thereunto specially authorized.
RCW 11.108.025 — Washington Code / Title 11 / Chapter 108 / Section 025
RCW 11.108.025: Election to qualify property for the marital deduction—Generation-skipping transfer tax allocations.
Status: in_force

Unless a governing instrument directs to the contrary: (1) The fiduciary shall have the power to make elections, in whole or in part, to qualify property for the marital deduction as qualified terminable interest property under section 2056(b)(7) or 2523(f) of the Internal Revenue Code or, if the surviving spouse is not a citizen of the United States, under section 2056A of the Internal Revenue Code. Further, the fiduciary shall have the power to make generation-skipping transfer tax allocations under section 2632 of the Internal Revenue Code. (2) The fiduciary making an election under section 2056(b)(7), 2523(f), or 2056A of the Internal Revenue Code or making an allocation under section 2632 of the Internal Revenue Code may benefit personally from the election or allocation, with no duty to reimburse any other person interested in the election or allocation. The fiduciary shall have no duty to make any equitable adjustment and shall have no duty to treat interested persons impartially in respect of the election or allocation. (3) The fiduciary of a trust, if an election is made under section 2056(b)(7), 2523(f), or 2056A of the Internal Revenue Code, if an allocation is made under section 2632 of the Internal Revenue Code, or if division of a trust is of benefit to the persons interested in the trust, may divide the trust into two or more separate trusts, of equal or unequal value, if: (a) The terms of the separate trusts which result are substantially identical to the terms of the trust before division; (b) In the case of a trust otherwise qualifying for the marital deduction under the Internal Revenue Code, the division shall not prevent a separate trust for which the election is made from qualifying for the marital deduction; and (c) The allocation of assets shall be based upon the fair market value of the assets at the time of the division. (4) For state and federal estate tax purposes, a fiduciary may make inconsistent elections under section 2056(b)(7) or 2056A of the Internal Revenue Code and under similar provisions of applicable state law.
RCW 11.104B.290 — Washington Code / Title 11 / Chapter 104B / Section 290
RCW 11.104B.290: Receipts normally apportioned—Liquidating assets.
Status: in_force

(1) In this section, "liquidating asset" means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a limited time. The term includes a leasehold, patent, copyright, royalty right, and right to receive payments during a period of more than one year under an arrangement that does not provide for the payment of interest on the unpaid balance. (2) This section does not apply to a receipt subject to RCW 11.104B.200 , 11.104B.280 , 11.104B.300 , 11.104B.310 , 11.104B.330 , 11.104B.340 , 11.104B.350 , or 11.104B.420 . (3) A fiduciary shall allocate to income 10 percent of the receipts from a liquidating asset and the balance to principal.
RCW 11.12.160 — Washington Code / Title 11 / Chapter 12 / Section 160
RCW 11.12.160: Interested witness—Effect on will.
Status: in_force

(1) An interested witness to a will is one who would receive a gift under the will. (2) A will or any of its provisions is not invalid because it is signed by an interested witness. Unless there are at least two other subscribing witnesses to the will who are not interested witnesses, the fact that the will makes a gift to a subscribing witness creates a rebuttable presumption that the witness procured the gift by duress, menace, fraud, or undue influence. (3) If the presumption established under subsection (2) of this section applies and the interested witness fails to rebut it, the interested witness shall take so much of the gift as does not exceed the share of the estate that would be distributed to the witness if the will were not established. (4) The presumption established under subsection (2) of this section has no effect other than that stated in subsection (3) of this section.
RCW 11.96A.100 — Washington Code / Title 11 / Chapter 96A / Section 100
RCW 11.96A.100: Procedural rules.
Status: in_force

Unless rules of court require or this title provides otherwise, or unless a court orders otherwise: (1) A judicial proceeding under RCW 11.96A.090 is to be commenced by filing a petition with the court; (2) A summons must be served in accordance with this chapter and, where not inconsistent with these rules, the procedural rules of court, however, if the proceeding is commenced as an action incidental to an existing judicial proceeding relating to the same trust or estate or nonprobate asset, notice must be provided by summons only with respect to those parties who were not already parties to the existing judicial proceedings; (3) The summons need only contain the following language or substantially similar language: SUPERIOR COURT OF WASHINGTON FOR (. . .) COUNTY IN RE . . . . . . ) ) No. . . . ) Summons ) TO THE RESPONDENT OR OTHER INTERESTED PARTY: A petition has been filed in the superior court of Washington for (. . .) County. Petitioner's claim is stated in the petition, a copy of which is served upon you with this summons. In order to defend against or to object to the petition, you must answer the petition by stating your defense or objections in writing, and by serving your answer upon the person signing this summons not later than five days before the date of the hearing on the petition. Your failure to answer within this time limit might result in a default judgment being entered against you without further notice. A default judgment grants the petitioner all that the petitioner seeks under the petition because you have not filed an answer. If you wish to seek the advice of a lawyer, you should do so promptly so that your written answer, if any, may be served on time. This summons is issued under RCW 11.96A.100 (3). (Signed) . . . . . . . . . . . . Print or Type Name Dated: . . . . . . Telephone Number: . . . . . . (4) Subject to other applicable statutes and court rules, the clerk of each of the superior courts shall fix the time for any hearing on a matter on application by a party, and no order of the court shall be required to fix the time or to approve the form or content of the notice of a hearing; (5) The answer to the petition and any counterclaims or cross-claims must be served on the parties or the parties' virtual representatives and filed with the court at least five days before the date of the hearing, and all replies to the counterclaims and cross-claims must be served on the parties or the parties' virtual representatives and filed with the court at least two days before the date of the hearing; (6) Proceedings under this chapter are subject to the mediation and arbitration provisions of this chapter. Except as specifically provided in RCW 11.96A.310 , the provisions of chapter 7.06 RCW do not apply; (7) Testimony of witnesses may be by affidavit; (8) Unless requested otherwise by a party in a petition or answer, the initial hearing must be a hearing on the merits to resolve all issues of fact and all issues of law; (9) Any party may move the court for an order relating to a procedural matter, including discovery, and for summary judgment, in the original petition, answer, response, or reply, or in a separate motion, or at any other time; and (10) If the initial hearing is not a hearing on the merits or does not result in a resolution of all issues of fact and all issues of law, the court may enter any order it deems appropriate, which order may (a) resolve such issues as it deems proper, (b) determine the scope of discovery, and (c) set a schedule for further proceedings for the prompt resolution of the matter.
RCW 11.114.900 — Washington Code / Title 11 / Chapter 114 / Section 900
RCW 11.114.900: Short title.
Status: in_force

This chapter may be cited as the uniform transfers to minors act.
RCW 11.90.430 — Washington Code / Title 11 / Chapter 90 / Section 430
RCW 11.90.430: Registering an out-of-state protective order.
Status: in_force

If a guardian of the estate or conservator has been appointed in another state and a petition for a protective order is not pending in this state, the guardian of the estate or conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
RCW 11.130.750 — Washington Code / Title 11 / Chapter 130 / Section 750
RCW 11.130.750: Reliance on agreement—Limitation of liability.
Status: in_force

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

(1) A person who receives the original or a copy of a supported decision-making agreement shall rely on the agreement. (2) A person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on a supported decision-making agreement.
RCW 11.130.275 — Washington Code / Title 11 / Chapter 130 / Section 275
RCW 11.130.275: Notice of hearing for appointment of guardian for adult.
Status: in_force

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

(1) All petitions filed under RCW 11.130.270 for appointment of a guardian for an adult shall be heard within sixty-days unless an extension of time is requested by a party or the court visitor within such sixty-day period and granted for good cause shown. If an extension is granted, the court shall set a new hearing date. (2)(a) A copy of a petition under RCW 11.130.270 and notice of a hearing on the petition must be served personally on the respondent and the court visitor appointed under RCW 11.130.280 not more than five court days after the petition under RCW 11.130.270 has been filed. (b) Notice under this subsection shall include a clear and easily readable statement of the legal rights of the respondent that could be restricted or transferred to a guardian by a guardianship order as well as the right to counsel of choice and to a jury trial on whether a basis exists under RCW 11.130.265 for the appointment of a guardian and the issue of the respondent's rights that will be retained or restricted if a guardian is appointed. Such notice must be in substantially the same form as set forth in RCW 11.130.657 and must be double-spaced and in a type size not smaller than sixteen point font. The court may not grant the petition if notice substantially complying with this subsection is not served on the respondent. (3) In a proceeding on a petition under RCW 11.130.270 , the notice required under subsection (2) of this section must be given to the persons required to be listed in the petition under *RCW 11.130.270 (2) (a) through (c) and any other notice party. Failure to give notice under this subsection does not preclude the court from appointing a guardian. (4) After the appointment of a guardian, notice of a hearing on a petition for an order under this article, together with a copy of the petition, must be given to: (a) The adult subject to guardianship; (b) The guardian; and (c) Any other notice party or person the court determines pursuant to RCW 11.130.310 (5) or a subsequent court order.
RCW 11.125.270 — Washington Code / Title 11 / Chapter 125 / Section 270
RCW 11.125.270: Agent authority—Real property.
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to: (1) Demand; buy; sublease; license; receive; accept as a gift or as security for an extension of credit; or otherwise acquire or reject an interest in real property or a right incident to real property; (2) Sell; exchange; convey with or without reservations, covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant, common interest regime; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; license; contribute to an entity in exchange for an interest in that entity; or, subject to RCW 11.125.240 , otherwise grant or dispose of an interest in real property or a right incident to real property; (3) Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, extend the time of payment of a debt of the principal or a debt guaranteed by the principal, or as security for a nonmonetary obligation; (4) Release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property which exists or is asserted; (5) Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including: (a) Insuring against liability or casualty or other loss; (b) Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise; (c) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and (d) Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property; (6) Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right; (7) Participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including: (a) Selling or otherwise disposing of them; (b) Exercising or selling an option, right of conversion, or similar right with respect to them; and (c) Exercising any voting rights in person or by proxy; (8) Change the form of title of an interest in or right incident to real property; and (9) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.
RCW 11.102.030 — Washington Code / Title 11 / Chapter 102 / Section 030
RCW 11.102.030: Applicability of chapter.
Status: in_force

This chapter shall apply to fiduciary relationships in existence on June 11, 1943, or thereafter established.
RCW 11.107.080 — Washington Code / Title 11 / Chapter 107 / Section 080
RCW 11.107.080: Application—Miscellaneous.
Status: in_force

(1) This chapter applies to any express trust, within the meaning of RCW 11.98.009 , other than a trust during such time as the grantor has retained the right to revoke or amend. In exercising the decanting power, the trustee must act in accordance with the trustee's fiduciary duties, including the duty to act in accordance with the purposes of the first trust. Except as otherwise provided in the first trust instrument, for purposes of this chapter the terms of the first trust are deemed to include the decanting power. (2) This chapter does not limit the power of a trustee, powerholder, or other person to distribute or appoint income and principal in further trust or to modify a trust under the trust instrument, law of this state other than this title, a court order, or a nonjudicial agreement. This chapter does not increase or modify the requirements for a binding agreement under RCW 11.96A.220 or the requirements for a directed trust under *chapter 11.98A RCW. This chapter does not affect the ability of a settlor to provide in a trust instrument for the distribution or appointment in further trust of the trust income and principal or for modification of the trust instrument. (3) This chapter does not apply to a trust held solely for charitable purposes. (4) This chapter does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this chapter. (5) This chapter applies to a trust created before, on, or after July 23, 2017, that: (a) Has its situs in this state, including a trust whose situs has been changed to this state; or (b) Provides by its trust instrument that it is governed by the law of this state or is governed by the law of this state for purposes of: (i) Administration, including a trust whose governing law for purposes of administration has been changed to the law of this state; (ii) Construction of terms of the trust; or (iii) Determining the meaning or effect of terms of the trust. (6) A trustee may exercise the decanting power whether or not the trustee would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise. (7) If exercise of the decanting power would be effective under this chapter except that the second trust instrument in part does not comply with this chapter, the exercise of the decanting power is effective and the following rules apply to the principal of the first trust subject to the exercise of the power: (a) A provision in the second trust instrument which is not permitted under this chapter is void to the extent necessary to comply with this chapter. (b) A provision required by this chapter to be in the second trust instrument which is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this chapter. (8) If a trustee of a second trust discovers that subsection (7) of this section applies to a prior exercise of the decanting power, the trustee must take such appropriate corrective action as is consistent with the trustee's duties.
RCW 11.10.010 — Washington Code / Title 11 / Chapter 10 / Section 010
RCW 11.10.010: Abatement—Generally.
Status: in_force

(1) Except as provided in subsection (2) of this section, property of a decedent abates, without preference as between real and personal property, in the following order: (a) Intestate property; (b) Residuary gifts; (c) General gifts; (d) Specific gifts. For purposes of abatement a demonstrative gift, defined as a general gift charged on any specific property or fund, is deemed a specific gift to the extent of the value of the property or fund on which it is charged, and a general gift to the extent of a failure or insufficiency of that property or fund. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will. (2) If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (1) of this section, a gift abates as may be found necessary to give effect to the intention of the testator. (3) If the subject of a preferred gift is sold, diminished, or exhausted incident to administration, not including satisfaction of debts or liabilities according to their community or separate status under RCW 11.10.030 , abatement must be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets. (4) To the extent that the whole of the community property is subject to abatement, the shares of the decedent and of the surviving spouse or surviving domestic partner in the community property abate equally. (5) If required under RCW 11.10.040 , nonprobate assets must abate with those disposed of under the will and passing by intestacy.
RCW 11.130.740 — Washington Code / Title 11 / Chapter 130 / Section 740
RCW 11.130.740: Execution of agreement.
Status: in_force

(1) A supported decision-making agreement must be in writing, dated, and signed voluntarily, without coercion or undue influence, by the adult with a disability and the supporter in the presence of two or more subscribing witnesses or a notary public. (2) If signed before two witnesses, the attesting witnesses must be at least eighteen years of age. (3) The witnesses required by subsection (1) of this section may not be any of the following: (a) A supporter for the person with a disability; (b) An employee or agent of a supporter named in the supported decision-making agreement; (c) A paid provider of services to the person with a disability; or (d) Any person who does not understand the type of communication the person with a disability uses, unless an individual who understands the person with a disability's means of communication is present to assist during the execution of the supported decision-making agreement.
RCW 11.100.060 — Washington Code / Title 11 / Chapter 100 / Section 060
RCW 11.100.060: Fiduciary may hold and retain trust property—Investments—Liability.
Status: in_force

Subject to express provisions to the contrary in the trust instrument, any fiduciary may hold and retain any real or personal property received into or acquired by the trust from any source. Except as to trust property acquired for consideration, a fiduciary may hold and retain any such property without need for diversification as to kinds or amount and whether or not the property is income producing. Any fiduciary may invest funds held in trust under an instrument creating the trust in any manner and in any investment or in any class of investments authorized by the instrument. The investments described in this section are permissible even though the securities or other property are not permitted under other provisions of this chapter, and even though the securities may be securities issued by the corporation that is the fiduciary. A fiduciary is not liable for any loss incurred with respect to any investment held under the authority of or pursuant to this section if that investment was permitted when received or when the investment was made by the fiduciary, and if the fiduciary exercises due care and prudence in the disposition or retention of any such investment.
RCW 11.95A.510 — Washington Code / Title 11 / Chapter 95A / Section 510
RCW 11.95A.510: Creditor claims—General power not created by powerholder.
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section, appointive property subject to a general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of: (a) The powerholder, to the extent the powerholder's property is insufficient, if the power is presently exercisable; and (b) The powerholder's estate, to the extent the estate is insufficient, subject to the right of a decedent to direct the source from which liabilities are paid. (2) Subject to RCW 11.95A.530 (3), a power of appointment created by a person other than the powerholder which is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of 26 U.S.C. Sec. 2041(b)(1)(A) or 26 U.S.C. Sec. 2514(c)(1), on January 1, 2022, is treated for purposes of RCW 11.95A.500 through 11.95A.530 as a nongeneral power.
RCW 11.125.420 — Washington Code / Title 11 / Chapter 125 / Section 420
RCW 11.125.420: Death with dignity act.
Status: in_force

Notwithstanding any provision in chapter 209, Laws of 2016, or any provision in a power of attorney, no rights under Washington's death with dignity act, chapter 70.245 RCW, may be exercised through a power of attorney.
RCW 11.56.230 — Washington Code / Title 11 / Chapter 56 / Section 230
RCW 11.56.230: Sale or mortgage to effect redemption.
Status: in_force

If it shall be made to appear to the satisfaction of the court that it will be to the interest of the estate of any deceased person to sell or mortgage other personal estate or to sell or mortgage other real estate of the decedent than that mortgaged by him or her to redeem the property so mortgaged, the court may order the sale or mortgaging of any personal estate, or the sale or mortgaging of any real estate of the decedent which it may deem expedient to be sold or mortgaged for such purpose, which sale or mortgaging shall be conducted in all respects as other sales or mortgages of like property ordered by the court.
RCW 11.54.015 — Washington Code / Title 11 / Chapter 54 / Section 015
RCW 11.54.015: Conditions to award.
Status: in_force

(1) The court may not make an award to a claimant under this chapter until the expenses of administration, funeral expenses, expenses of last sickness, and wages due for labor performed within 60 days immediately preceding the decedent's death have been paid or provided for. (2) The court may not make an award to or for the benefit of any person who is a slayer or abuser as those terms are defined in RCW 11.84.010 of the decedent. (3) The court may not make any award under this chapter unless the petition for the award is filed before the earliest of: (a) Eighteen months from the date of the decedent's death if within 12 months of the decedent's death either: (i) A personal representative has been appointed; or (ii) A notice agent has filed a declaration and oath as required in RCW 11.42.010 (3)(a)(ii); or (b) The termination of all proceedings under this title relating to the decedent's probate or nonprobate assets; or (c) Six years from the date of the death of the decedent.
RCW 11.64.008 — Washington Code / Title 11 / Chapter 64 / Section 008
RCW 11.64.008: Surviving partner may continue in possession.
Status: in_force

The surviving partner or partners may continue in possession of the partnership estate, pay its debts, and settle its business, and shall account to the personal representative of the decedent and shall pay over such balances as may, from time to time, be payable to him or her.
RCW 11.98.017 — Washington Code / Title 11 / Chapter 98 / Section 017
RCW 11.98.017: Trusteeship—Accepting and declining—Powers without acceptance.
Status: in_force

(1) Except as otherwise provided in subsection (3) of this section, a person designated as trustee accepts the trusteeship: (a) By substantially complying with a method of acceptance provided in the terms of the trust; or (b) If the terms of the trust do not provide a method of acceptance or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship. (2) A person designated as trustee who has not yet accepted the trusteeship may decline the trusteeship by delivering a written declination of the trusteeship to the trustor or, if the trustor is deceased or is incapacitated, to a successor trustee, if any, and if none, to a qualified beneficiary. (3) A person designated as trustee, without accepting the trusteeship, may: (a) Act to preserve the trust property if, within a reasonable time after acting, the person sends a written declination of the trusteeship to the trustor or, if the trustor is dead or is incapacitated, to a successor trustee, if any, and if none, to a qualified beneficiary; and (b) Inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.
RCW 11.98.016 — Washington Code / Title 11 / Chapter 98 / Section 016
RCW 11.98.016: Exercise of powers by co-trustees.
Status: in_force

(1) Any power vested in three or more trustees jointly may be exercised by a majority of such trustees; but no trustee who has not joined in exercising a power is liable to the beneficiaries or to others for the consequences of such exercise; nor is a dissenting trustee liable for the consequences of an act in which that trustee joins at the direction of the majority of the trustees, if that trustee expressed his or her dissent in writing to each of the co-trustees at or before the time of such joinder. (2) Where two or more trustees are appointed to execute a trust and one or more of them for any reason does not accept the appointment or having accepted ceases to be a trustee, the survivor or survivors shall execute the trust and shall succeed to all the powers, duties and discretionary authority given to the trustees jointly. (3) An individual trustee, with a co-trustee's consent, may, by a signed, written instrument, delegate any power, duty, or authority as trustee to that co-trustee. This delegation is effective upon delivery of the instrument to that co-trustee and may be revoked at any time by delivery of a similar signed, written instrument to that co-trustee. However, if a power, duty, or authority is expressly conferred upon only one trustee, it shall not be delegated to a co-trustee. If that power, duty, or authority is expressly excluded from exercise by a trustee, it shall not be delegated to the excluded trustee. (4) If one trustee gives written notice to all other co-trustees of an action that the trustee proposes be taken, then the failure of any co-trustee to deliver a written objection to the proposal to the trustee, at the trustee's then address of record and within fifteen days from the date the co-trustee actually receives the notice, constitutes formal approval by the co-trustee, unless the co-trustee had previously given written notice that was unrevoked at the time of the trustee's notice, to that trustee that this fifteen-day notice provision is inoperative. (5) As to any effective delegation made under subsection (3) of this section, a co-trustee has no liability for failure to participate in the administration of the trust. Nothing in this section, however, otherwise excuses a co-trustee from liability for failure to participate in the administration of the trust and nothing in this section, including subsection (3) of this section, excuses a co-trustee from liability for the failure to attempt to prevent a breach of trust.
RCW 11.20.020 — Washington Code / Title 11 / Chapter 20 / Section 020
RCW 11.20.020: Application for probate—Hearing—Order—Proof—Record of testimony—Affidavits of attesting witnesses.
Status: in_force

(1) Applications for the probate of a will and for letters testamentary, or either, may be made to the judge of the court having jurisdiction and the court may immediately hear the proofs and either probate or reject such will as the testimony may justify. Upon such hearing the court shall make and cause to be entered a formal order, either establishing and probating such will, or refusing to establish and probate the same, and such order shall be conclusive except in the event of a contest of such will as hereinafter provided. All testimony in support of the will shall be reduced to writing, signed by the witnesses, and certified by the judge of the court. If the application for probate of a will does not request the appointment of a personal representative and the court enters an adjudication of testacy establishing such will no further administration shall be required except as commenced pursuant to RCW 11.28.330 or 11.28.340 . (2) In addition to the foregoing procedure for the proof of wills, any or all of the attesting witnesses to a will may, at the request of the testator or, after his or her decease, at the request of the executor or any person interested under it, make an affidavit before any person authorized to administer oaths, stating such facts as they would be required to testify to in court to prove such will, which affidavit may be written on the will or may be affixed or logically associated with the will or a photographic copy of the will or an electronic will. The sworn statement of any witness so taken shall be accepted by the court as if it had been taken before the court. (3) An electronic will, the custody of which has not been maintained by a qualified custodian, must be treated as a lost or destroyed will under RCW 11.20.070 .
RCW 11.125.900 — Washington Code / Title 11 / Chapter 125 / Section 900
RCW 11.125.900: Application—Uniformity—2016 c 209.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
RCW 11.98B.070 — Washington Code / Title 11 / Chapter 98B / Section 070
RCW 11.98B.070: Trust director—Duties and liability.
Status: in_force

(1) Subject to subsection (2) of this section, with respect to a power of direction or further power under RCW 11.98B.050 (2)(a): (a) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power: (i) If the power is held individually, as a sole trustee in a like position and under similar circumstances; or (ii) If the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and (b) The terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances. (2) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this chapter to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under this chapter. (3) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.
RCW 11.108.070 — Washington Code / Title 11 / Chapter 108 / Section 070
RCW 11.108.070: Presumptions for the interpretation, construction, and administration of governing instrument.
Status: in_force

(1) The legislature finds that the citizens and residents of the state, and nonresidents of the state having property located in Washington, desire to take full advantage of the exemptions, exclusions, deductions, and credits allowable under the federal estate, gift, income, and generation-skipping transfer taxes, and the Washington counterparts to those taxes, if any, unless the facts and circumstances indicate otherwise, or the transferor has expressed a contrary intent in the governing instrument. (2) In interpreting, construing, or administering a governing instrument, absent a clear expression of intent by the transferor to the contrary, the following presumptions apply and may only be rebutted by clear, cogent, and convincing evidence to the contrary, but these presumptions of intent do not require the making of any particular voluntary tax election: (a) The transferor intended to take advantage of the maximum benefit of tax deductions, exemptions, exclusions, or credits; (b) The transferor intended any gift to a spouse made outright and free of trust is to qualify for the gift or estate tax marital deduction and to be a marital deduction gift; and (c) If the governing instrument refers to a trust as a marital trust, QTIP trust, or spousal trust, or refers to qualified terminable interest property, QTIP, or QTIP property, sections 2044, 2056, and 2523 of the Internal Revenue Code or similar provisions of applicable state law, the transferor intended the property passing to such a trust and the trust to qualify for the applicable gift or estate tax martial [marital] deduction, and for the gift to qualify for a marital deduction gift. (3) References in this chapter to provisions of the Internal Revenue Code include references to similar provisions, if any, of applicable state law.
RCW 11.08.140 — Washington Code / Title 11 / Chapter 08 / Section 140
RCW 11.08.140: Escheat for want of heirs.
Status: in_force

Whenever any person dies, whether a resident of this state or not, leaving property subject to the jurisdiction of this state and without being survived by any person entitled to the same under the laws of this state, such property shall be designated escheat property and shall be subject to the provisions of RCW 11.08.140 through 11.08.280 .
RCW 11.56.060 — Washington Code / Title 11 / Chapter 56 / Section 060
RCW 11.56.060: Public sales—Notice.
Status: in_force

When real property is directed to be sold by public sale, notice of the time and place of such sale shall be published in a legal newspaper of the county in which the estate is being administered, once each week for three successive weeks before such sale, in which notices the property ordered sold shall be described with proper certainty: PROVIDED, That where real property is located in a county other than the county in which the estate is being administered, publication shall also be made in a legal newspaper of that county. At the time and place named in such notices for the said sale, the personal representative shall proceed to sell the property upon the terms and conditions ordered by the court, and to the highest and best bidder. All sales of real estate at public sale shall be made at the front door of the courthouse of the county in which the lands are, unless the court shall by order otherwise direct.
RCW 11.125.240 — Washington Code / Title 11 / Chapter 125 / Section 240
RCW 11.125.240: Agent—Authority over principal's property.
Status: in_force

(1) An agent under a power of attorney may, subject to the requirements of RCW 11.125.140 , and in particular RCW 11.125.140 (2)(f), do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject: (a) Create, amend, revoke, or terminate an inter vivos trust; (b) Make a gift; (c) Create or change rights of survivorship; (d) Create or change a beneficiary designation; (e) Delegate some but not all of the authority granted under the power of attorney, except as otherwise provided in RCW 11.125.110 (1); (f) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; (g) Exercise fiduciary powers that the principal has authority to delegate; (h) Exercise any power of appointment in favor of anyone other than the principal; (i) Create, amend, or revoke a community property agreement; (j) Cause a trustee to make distributions of property held in trust under the same conditions that the principal could; (k) Make any other provisions for nonprobate transfer at death contained in nontestamentary instruments described in RCW 11.02.091 ; (l) Make health care decisions for the principal, or give informed consent to health care decisions on the principal's behalf. (2) Notwithstanding the provisions of subsection (1)(a) of this section, an agent may, even in the absence of a specific grant of authority, make transfers of property to any trust that benefits the principal alone and does not have dispositive provisions that are different from those that would have governed the property had it not been transferred into such trust. (3) Notwithstanding the provisions of subsection (1)(b) of this section, an agent may, even in the absence of a specific grant of authority, make any transfer of resources not prohibited under chapter 74.09 RCW when the transfer is for the purpose of qualifying the principal for medical assistance or the limited casualty program for the medically needy. (4) Notwithstanding a grant of authority to do an act described in subsection (1) of this section, unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, state registered domestic partner, or descendant of the principal, may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise. (5) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to RCW 11.125.390 . (6) Subject to subsections (1) through (5) of this section, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls. (7) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state. (8) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.
RCW 11.104B.230 — Washington Code / Title 11 / Chapter 104B / Section 230
RCW 11.104B.230: Receipts not normally apportioned—Principal receipts.
Status: in_force

A fiduciary shall allocate to principal: (1) To the extent not allocated to income under this chapter, an asset received from: (a) An individual during the individual's lifetime; (b) An estate; (c) A trust on termination of an income interest; or (d) A payor under a contract naming the fiduciary as beneficiary; (2) Except as otherwise provided in this article, money or other property received from the sale, exchange, liquidation, or change in form of a principal asset; (3) An amount recovered from a third party to reimburse the fiduciary because of a disbursement described in RCW 11.104B.410 (1) or for another reason to the extent not based on loss of income; (4) Proceeds of property taken by eminent domain, except that proceeds awarded for loss of income in an accounting period are income if a current income beneficiary had a mandatory income interest during the period; (5) Net income received in an accounting period during which there is no beneficiary to which a fiduciary may or must distribute income; and (6) Other receipts as provided in RCW 11.104B.270 through 11.104B.350 .
RCW 11.120.050 — Washington Code / Title 11 / Chapter 120 / Section 050
RCW 11.120.050: Terms-of-service agreement.
Status: in_force

(1) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (2) This chapter does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents. (3) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under RCW 11.120.040 .
RCW 11.114.170 — Washington Code / Title 11 / Chapter 114 / Section 170
RCW 11.114.170: Liability to third persons.
Status: in_force

(1) A claim based on: (a) A contract entered into by a custodian acting in a custodial capacity; (b) An obligation arising from the ownership or control of custodial property; (c) A tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor; or (d) A noncontractual obligation, including obligations in tort, is collectible from the custodial property only if: (i) The obligation was a common incident of the kind of business activity in which the custodian or the custodian's predecessor was properly engaged for the custodianship; (ii) Neither the custodian nor the custodian's predecessor, nor any officer or employee of the custodian or the custodian's predecessor was personally at fault in incurring the obligation; or (iii) Although the obligation did not fall within (d)(i) or (ii) of this subsection, the incident that gave rise to the obligation increased the value of the custodial property. If the obligation is within (d)(i) or (ii) or [of] this subsection, collection may be had of the full amount of damage proved. If the obligation is within (d)(iii) of this subsection, collection may be had only to the extent of the increase in the value of the trust property. (2) A custodian is not personally liable: (a) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity. The addition of the words "custodian" or "as custodian" after the signature of a custodian is adequate revelation of this capacity; or (b) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodial property is not liable for the obligation under *(b) of this subsection and unless the custodian is personally at fault. (3) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
RCW 11.12.185 — Washington Code / Title 11 / Chapter 12 / Section 185
RCW 11.12.185: Doctrine of Worthier Title abolished—Exception.
Status: reserved

The Doctrine of Worthier Title is abolished as a rule of law and as a rule of construction. However, the Doctrine of Worthier Title is preserved as a rule of construction if: (1) A grantor has established in inter vivos trust of real property; (2) The grantor has expressly reserved a reversion to himself or herself; and (3) The words "heirs" or "heirs at law" are used by the grantor to describe the quality of the grantor's title in the reversion as an estate in fee simple in the event that the property reverts to the grantor. In all other cases, language in a governing instrument describing the beneficiaries of a donative disposition as the transferor's "heirs," "heirs at law," "next of kin," "distributees," "relatives," or "family," or language of similar import, does not create or presumptively create a reversionary interest in the transferor.
RCW 11.90.240 — Washington Code / Title 11 / Chapter 90 / Section 240
RCW 11.90.240: Exclusive jurisdiction for court appointing a guardian or issuing a protective order.
Status: in_force

Except as otherwise provided in RCW 11.90.230 , a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
RCW 11.108.060 — Washington Code / Title 11 / Chapter 108 / Section 060
RCW 11.108.060: Marital deduction gift—Survivorship requirement—Limits—Property to be held in trust.
Status: in_force

For an estate that exceeds the amount exempt from state or federal tax by virtue of the credit under section 2010 of the Internal Revenue Code, if taking into account applicable adjusted taxable gifts as defined in section 2001(b) of the Internal Revenue Code, any marital deduction gift that is conditioned upon the transferor's spouse surviving the transferor for a period of more than six months, is governed by the following: (1) A survivorship requirement expressed in the governing instrument in excess of six months or which may exceed six months, other than survival by a spouse of a common disaster resulting in the death of the transferor, does not apply to property passing under the marital deduction gift, and for the gift, the survivorship requirement may not exceed the period ending six months following the transferor's date of death, as established under section 2056(b)(3) of the Internal Revenue Code. (2) If the property that is the subject of the marital deduction gift is passing or is to be held in trust, as opposed to passing outright, it must be held in a trust meeting the requirements of section 2056(b)(7) of the Internal Revenue Code the corpus of which must: (a) Pass as though the spouse failed to survive the transferor if the spouse, in fact, fails to survive the term specified in the governing instrument; and (b) pass to the spouse under the terms of the governing instrument if the spouse, in fact, survives the term specified in the governing instrument.
RCW 11.84.030 — Washington Code / Title 11 / Chapter 84 / Section 030
RCW 11.84.030: Slayer or abuser deemed to predecease decedent.
Status: in_force

The slayer or abuser shall be deemed to have predeceased the decedent as to property which would have passed from the decedent or his or her estate to the slayer or abuser under the statutes of descent and distribution or have been acquired by statutory right as surviving spouse or surviving domestic partner or under any agreement made with the decedent under the provisions of RCW 26.16.120 as it now exists or is hereafter amended.
RCW 11.98.014 — Washington Code / Title 11 / Chapter 98 / Section 014
RCW 11.98.014: Trust creation—Oral trusts.
Status: in_force

Except as required by a statute other than this title, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear, cogent, and convincing evidence.
RCW 11.110.220 — Washington Code / Title 11 / Chapter 110 / Section 220
RCW 11.110.220: Tax Reform Act of 1969, state implementation—Trust instruments deemed to contain certain provisions for distribution.
Status: in_force

The trust instrument of each trust to which RCW 11.110.200 through 11.110.260 applies, except "split-interest" trusts, shall be deemed to contain a provision requiring the trustee to distribute, for the purposes specified in the trust instrument, for each taxable year of the trust, amounts at least sufficient to avoid liability for the tax imposed by section 4942(a) of the Internal Revenue Code.
RCW 11.96A.080 — Washington Code / Title 11 / Chapter 96A / Section 080
RCW 11.96A.080: Persons entitled to judicial proceedings for declaration of rights or legal relations.
Status: in_force

(1) Subject to the provisions of RCW 11.96A.260 through 11.96A.320 , any party may have a judicial proceeding for the declaration of rights or legal relations with respect to any matter, as defined by RCW 11.96A.030 ; the resolution of any other case or controversy that arises under the Revised Code of Washington and references judicial proceedings under this title; or the determination of the persons entitled to notice under RCW 11.96A.110 or 11.96A.120 . (2) The provisions of this chapter apply to disputes arising in connection with estates of individuals subject to conservatorship under RCW 11.130.360 unless otherwise covered by chapter 11.130 RCW. The provisions of this chapter shall not supersede, but shall supplement, any otherwise applicable provisions and procedures contained in this title, including without limitation those contained in chapter 11.20 , 11.24, 11.28, 11.40, 11.42, or 11.56 RCW. The provisions of this chapter shall not apply to actions for wrongful death under chapter 4.20 RCW.
RCW 11.95A.400 — Washington Code / Title 11 / Chapter 95A / Section 400
RCW 11.95A.400: Disclaimer.
Status: in_force

As provided by chapter 11.86 RCW: (1) A powerholder may disclaim all or part of a power of appointment. (2) A permissible appointee, appointee, or taker in default of appointment may disclaim all or part of an interest in appointive property.
RCW 11.125.400 — Washington Code / Title 11 / Chapter 125 / Section 400
RCW 11.125.400: Agent authority—Health care.
Status: in_force

Unless the power of attorney otherwise provides, where language in a power of attorney grants general authority with respect to health care matters: (1) The agent shall be authorized to act as the principal's personal representative pursuant to the health insurance portability and accountability act, sections 1171 through 1179 of the social security act, 42 U.S.C. Sec. 1320d, as amended, and applicable regulations for all purposes thereunder, including but not limited to accessing and acquiring the principal's health care related information. (2) The agent shall be authorized to provide informed consent for health care decisions on the principal's behalf. If a principal has appointed more than one agent with authority to make mental health treatment decisions in accordance with a directive under chapter 71.32 RCW, to the extent of any conflict, the most recently appointed agent shall be treated as the principal's agent for mental health treatment decisions unless provided otherwise in either appointment. (3) Unless he or she is the spouse, state registered domestic partner, father or mother, or adult child or brother or sister of the principal, none of the following persons may act as the agent for the principal: Any of the principal's physicians, the physicians' employees, or the owners, administrators, or employees of the health care facility or long-term care facility as defined in RCW 43.190.020 where the principal resides or receives care. Except when the principal has consented in a mental health advance directive executed under chapter 71.32 RCW to inpatient admission or electroconvulsive therapy, this authorization is subject to the same limitations as those that apply to a guardian under chapter 11.130 RCW.
RCW 11.08.101 — Washington Code / Title 11 / Chapter 08 / Section 101
RCW 11.08.101: Property of deceased inmates of state institutions—Disposition after two years.
Status: in_force

Where, upon the expiration of two years after the death of any inmate of any state institution, there remains in the custody of the superintendent of such institution, money or property belonging to said deceased inmate, the superintendent shall forward such money to the state treasurer for deposit in the general fund of the state, and shall report such transfer and any remaining property to the department of corrections, which department shall cause the sale of such property and proceeds thereof shall be forwarded to the state treasurer for deposit in the general fund.
RCW 11.62.030 — Washington Code / Title 11 / Chapter 62 / Section 030
RCW 11.62.030: Payment to surviving spouse or surviving domestic partner of moneys on deposit of deceased credit union member—Limitation—Affidavit—Accounting to personal representative.
Status: in_force

On the death of any member of any credit union organized under chapter 31.12 RCW or federal law, such credit union may pay to the surviving spouse or surviving domestic partner the moneys of such member on deposit to the credit of said deceased member, including moneys deposited as shares in said credit union, in cases where the amount of deposit does not exceed the sum of one thousand dollars, upon receipt of an affidavit from the surviving spouse or surviving domestic partner to the effect that the member died and no executor or administrator has been appointed for the member's estate, and the member had on deposit in said credit union money not exceeding the sum of one thousand dollars. The payment of such deposit made in good faith to the spouse or the domestic partner making the affidavit shall be a full acquittance and release of the credit union for the amount of the deposit so paid. No probate proceeding shall be necessary to establish the right of said surviving spouse to withdraw said deposits upon the filing of said affidavit: PROVIDED, That whenever a personal representative is appointed in an estate where a withdrawal of deposits has been had in compliance with this section, the spouse so withdrawing said deposits shall account for the same to the personal representative. The credit union may also pay out the moneys on deposit to the credit of the deceased upon presentation of an affidavit as provided in RCW 11.62.010 , as now or hereafter amended.
RCW 11.28.260 — Washington Code / Title 11 / Chapter 28 / Section 260
RCW 11.28.260: Revocation of letters—Proceedings in court or chambers.
Status: in_force

The applications and acts authorized by RCW 11.28.250 may be heard and determined in court or at chambers. All orders made therein must be entered upon the minutes of the court.
RCW 11.42.085 — Washington Code / Title 11 / Chapter 42 / Section 085
RCW 11.42.085: Property liable for claims—Payment limits.
Status: in_force

(1) The decedent's nonprobate and probate assets that were subject to the satisfaction of the decedent's general liabilities immediately before the decedent's death are liable for claims. The decedent's probate assets may be liable, whether or not there is a probate administration of the decedent's estate. (2) The notice agent may pay a claim allowed by the notice agent or a judgment on a claim first prosecuted against a notice agent only out of assets received as a result of the death of the decedent by the notice agent or by those appointing the notice agent, except as may be provided by agreement under RCW 11.96A.220 or by court order issued in a judicial proceeding under RCW 11.96A.080 .
RCW 11.95A.010 — Washington Code / Title 11 / Chapter 95A / Section 010
RCW 11.95A.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Appointee" means a person to which a powerholder makes an appointment of appointive property. (2) "Appointive property" means the property or property interest subject to a power of appointment. (3) "Blanket-exercise clause" means a clause in an instrument which exercises a power of appointment and is not a specific-exercise clause. The term includes a clause that: (a) Expressly uses the words "any power" in exercising any power of appointment the powerholder has; (b) Expressly uses the words "any property" in appointing any property over which the powerholder has a power of appointment; or (c) Disposes of all property subject to disposition by the powerholder. (4) "Donor" means a person that creates a power of appointment. (5) "Exclusionary power of appointment" means a power of appointment exercisable in favor of any one or more of the permissible appointees to the exclusion of the other permissible appointees. (6) "General power of appointment" means a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate. (7) "Gift-in-default clause" means a clause identifying a taker in default of appointment. (8) "Impermissible appointee" means a person that is not a permissible appointee. (9) "Instrument" means a record. (10) "Nongeneral power of appointment" means a power of appointment that is not a general power of appointment. (11) "Permissible appointee" means a person in whose favor a powerholder may exercise a power of appointment. (12) "Person" means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (13) "Power of appointment" means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. The term does not include a power of attorney. (14) "Powerholder" means a person in which a donor creates a power of appointment. (15) "Presently exercisable power of appointment" means a power of appointment exercisable by the powerholder at the relevant time. The term: (a) Includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after: (i) The occurrence of the specified event; (ii) The satisfaction of the ascertainable standard; or (iii) The passage of the specified time; and (b) Does not include a power exercisable only at the powerholder's death. (16) "Specific-exercise clause" means a clause in an instrument which specifically refers to and exercises a particular power of appointment. (17) "Taker in default of appointment" means a person that takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment. (18) "Terms of the instrument" means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding.
RCW 11.56.265 — Washington Code / Title 11 / Chapter 56 / Section 265
RCW 11.56.265: Broker's fee and closing expenses—Sale, mortgage or lease.
Status: in_force

In connection with the sale, mortgage or lease of property, the court may authorize the personal representative to pay, out of the proceeds realized therefrom or out of the estate, the customary and reasonable auctioneer's and broker's fees and any necessary expenses for abstracting, title insurance, survey, revenue stamps and other necessary costs and expenses in connection therewith.
RCW 11.28.050 — Washington Code / Title 11 / Chapter 28 / Section 050
RCW 11.28.050: Powers of remaining executors on removal of associate.
Status: in_force

When any of the executors named shall not qualify or having qualified shall become disqualified or be removed, the remaining executor or executors shall have the authority to perform every act and discharge every trust required by the will, and their acts shall be effectual for every purpose.
RCW 11.120.150 — Washington Code / Title 11 / Chapter 120 / Section 150
RCW 11.120.150: Fiduciary duty and authority.
Status: in_force

(1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (a) The duty of care; (b) The duty of loyalty; and (c) The duty of confidentiality. (2) A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (a) Except as otherwise provided in RCW 11.120.040 , is subject to the applicable terms-of-service agreement; (b) Is subject to other applicable law, including copyright law; (c) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and (d) May not be used to impersonate the user. (3) A fiduciary with authority over the property of a decedent, incapacitated person, principal, or settlor has the right to access any digital asset in which the decedent, incapacitated person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. (4) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, incapacitated person, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws. (5) A fiduciary with authority over the tangible, personal property of a decedent, incapacitated person, principal, or settlor: (a) Has the right to access the property and any digital asset stored in it; and (b) Is an authorized user for the purpose of computer fraud and unauthorized computer access laws. (6) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. (7) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by: (a) If the user is deceased, a certified copy of the death certificate of the user; (b) A certified copy of the letter of appointment of the representative or a small estate affidavit or court order, court order, power of attorney, or trust giving the fiduciary authority over the account; and (c) If requested by the custodian: (i) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (ii) Evidence linking the account to the user; or (iii) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in (c)(i) of this subsection.
RCW 11.28.090 — Washington Code / Title 11 / Chapter 28 / Section 090
RCW 11.28.090: Execution and form of letters testamentary.
Status: in_force

Letters testamentary to be issued to executors under the provisions of this chapter shall be signed by the clerk, and issued under the seal of the court, and may be in the following form: State of Washington, county of . . . . . . In the superior court of the county of . . . . . . Whereas, the last will of A B, deceased, was, on the . . . . day of . . . . . . , A.D. (year) . . . ., duly exhibited, proven, and recorded in our said superior court; and whereas, it appears in and by said will that C D is appointed executor thereon, and, whereas, said C D has duly qualified, now, therefore, know all persons by these presents, that we do hereby authorize the said C D to execute said will according to law. Witness my hand and the seal of said court this . . . . day of . . . . . ., A.D. (year) . . . .
RCW 11.68.140 — Washington Code / Title 11 / Chapter 68 / Section 140
RCW 11.68.140: Party to transactions—Presumption of necessity.
Status: in_force

A party to a transaction with a personal representative with nonintervention powers and the party's successors in interest are entitled to have it conclusively presumed that the transaction is necessary for the administration of the decedent's estate.
RCW 11.110.090 — Washington Code / Title 11 / Chapter 110 / Section 090
RCW 11.110.090: Uniformity of chapter with laws of other states.
Status: in_force

It is the purpose of this chapter to make uniform the laws of this and other states on the subject of charitable trusts and similar relationships. Recognizing the necessity for uniform application and enforcement of this chapter, its provisions are hereby declared mandatory and they shall not be superseded by the provisions of any trust instrument or similar instrument to the contrary.
RCW 11.100.020 — Washington Code / Title 11 / Chapter 100 / Section 020
RCW 11.100.020: Management of trust assets by fiduciary.
Status: in_force

(1) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution. (2) A trustee's investment and management decisions respecting individual assets must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust. (3) Among the circumstances that a trustee shall consider in investing and managing trust assets are such of the following as are relevant to the trust or its beneficiaries: (a) General economic conditions; (b) The possible effect of inflation or deflation; (c) The expected tax consequences of investment decisions or strategies; (d) The role that each investment or course of action plays within the overall portfolio, which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property; (e) The expected total return from income and the appreciation of capital; (f) Other resources of the beneficiaries; (g) Needs for liquidity, regularity of income, and preservation or appreciation of capital; and (h) An asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries. (4) A trustee shall make a reasonable effort to verify facts relevant to the investment and management of trust assets. (5) A trustee may invest in any kind of property or type of investment consistent with the standards of this section. (6) A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, has a duty to use those special skills or expertise.
RCW 11.130.620 — Washington Code / Title 11 / Chapter 130 / Section 620
RCW 11.130.620: Attendance and rights at hearing.
Status: in_force

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(1) Except as otherwise provided in subsection (2) of this section, a hearing under this article may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audiovisual technology. (2) A hearing under this article may proceed without the respondent in attendance if the court finds by clear and convincing evidence that: (a) The respondent consistently and repeatedly has refused to attend the hearing after having been fully informed of the right to attend and the potential consequences of failing to do so; (b) There is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services and technological assistance; or (c) The respondent is a minor who has received proper notice and attendance would be harmful to the minor. (3) The respondent may be assisted in a hearing under this article by a person or persons of the respondent's choosing, assistive technology, or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent's participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it. (4) The respondent has a right to choose an attorney to represent the respondent at a hearing under this article. (5) At a hearing under this article, the respondent may: (a) Present evidence and subpoena witnesses and documents; (b) Examine witnesses, including any court-appointed evaluator and the visitor; and (c) Otherwise participate in the hearing. (6) A hearing under this article must be closed on request of the respondent and a showing of good cause. (7) Any person may request to participate in a hearing under this article. The court may grant the request, with or without a hearing, on determining that the best interests of the respondent will be served. The court may impose appropriate conditions on the person's participation.
RCW 11.130.190 — Washington Code / Title 11 / Chapter 130 / Section 190
RCW 11.130.190: Petition for appointment of guardian for minor.
Status: in_force

(1) A person interested in the welfare of a minor, including the minor, may petition for appointment of a guardian for the minor. (2) A petition under subsection (1) of this section must state the petitioner's name, principal residence, current street address, if different, relationship to the minor, interest in the appointment, the name and address of any attorney representing the petitioner, and, to the extent known, the following: (a) The minor's name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed the minor will reside if the appointment is made; (b) The name and current street address of the minor's parents; (c) The name and address, if known, of each person that had primary care or custody of the minor for at least sixty days during the two years immediately before the filing of the petition or for at least seven hundred thirty days during the five years immediately before the filing of the petition; (d) The name and address of any attorney for the minor and any attorney for each parent of the minor; (e) The legal basis for the guardianship. Factual reasons why the guardianship is sought and would be in the best interest of the minor shall be set out in a separate supplemental declaration; (f) The name and address of any proposed guardian and the reason the proposed guardian should be selected; (g) If the minor has property other than personal effects, a general statement of the minor's property with an estimate of its value; (h) Whether the minor needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings; (i) Whether any parent of the minor needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings; and (j) Whether any other proceeding concerning the care or custody of the minor is pending in any court in this state or another jurisdiction. (3) The court may, upon a showing of good cause, order that the information concerning the reasons for the guardianship contained in the supplemental declaration to the petition and all subsequently filed pleadings and evidence by any party not be served on the minor if the minor is unrepresented. A minor entitled to service under this subsection may request access to the court pleadings and evidence filed in the court record. (4) Courts may develop forms for the purpose of filing petitions under subsection (1) of this section.
RCW 11.95A.410 — Washington Code / Title 11 / Chapter 95A / Section 410
RCW 11.95A.410: Authority to release.
Status: in_force

A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.
RCW 11.130.735 — Washington Code / Title 11 / Chapter 130 / Section 735
RCW 11.130.735: Access of supporter to personal information.
Status: in_force

(1) A supporter is only authorized to assist the adult with a disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement. (2) If a supporter assists an adult with a disability in accessing, collecting, or obtaining personal information, including protected health information under the federal health insurance portability and accountability act of 1996, P.L. 104-191, or educational records under the federal family educational rights and privacy act of 1974, 20 U.S.C. Sec. 1232g, the supporter shall ensure the information is kept privileged and confidential, as applicable, and is not subject to unauthorized access, use, or disclosure. (3) The existence of a supported decision-making agreement does not preclude an adult with a disability from seeking personal information without the assistance of a supporter.
RCW 11.130.635 — Washington Code / Title 11 / Chapter 130 / Section 635
RCW 11.130.635: Appointment of special agent.
Status: in_force

The court may appoint a special agent, to assist in implementing a protective arrangement under this article. The special agent has the authority conferred by the order of appointment and serves until discharged by court order.
RCW 11.104B.170 — Washington Code / Title 11 / Chapter 104B / Section 170
RCW 11.104B.170: Unitrusts—Period.
Status: in_force

(1) A unitrust policy must provide the period used under RCW 11.104B.150 and 11.104B.160 . Except as otherwise provided in RCW 11.104B.180 (2)(c), the period may be: (a) A calendar year; (b) A 12-month period other than a calendar year; (c) A calendar quarter; (d) A three-month period other than a calendar quarter; or (e) Another period. (2) Except as otherwise provided in RCW 11.104B.180 (2), a unitrust policy may provide standards for: (a) Using fewer preceding periods under RCW 11.104B.150 (1)(b)(ii) or (2)(c) or (d) if: (i) The trust was not in existence in a preceding period; or (ii) Market indices or other published data are not available for a preceding period; (b) Using fewer preceding periods under RCW 11.104B.160 (2) (e)(i) or (ii), (f)(ii), or (g)(ii) if: (i) The trust was not in existence in a preceding period; or (ii) Fair market values are not available for a preceding period; and (c) Prorating the unitrust amount on a daily basis for a part of a period in which the trust or the administration of the trust as a unitrust or the interest of any beneficiary commences or terminates.
RCW 11.130.001 — Washington Code / Title 11 / Chapter 130 / Section 001
RCW 11.130.001: Intent.
Status: in_force

It is the intent of the legislature to protect the liberty and autonomy of all people of this state, and to enable them to exercise their rights under the law to the maximum extent, consistent with the capacity of each person. The legislature recognizes that people with incapacities have unique abilities and needs, and that some people with incapacities cannot exercise their rights or provide for their basic needs without the help of a guardian. However, their liberty and autonomy should be restricted through guardianship, conservatorship, emergency guardianship, emergency conservatorship, and other protective arrangements only to the minimum extent necessary to adequately provide for their own health or safety, or to adequately manage their financial affairs.
RCW 11.98.170 — Washington Code / Title 11 / Chapter 98 / Section 170
RCW 11.98.170: Designation of trustee as beneficiary of life insurance policy or retirement plan—Determination of proper recipient of proceeds—Definitions—Beneficiary designations executed before January 1, 1985, not invalidated.
Status: in_force

(1) Any life insurance policy or retirement plan payment provision may designate as beneficiary: (a) A trustee named or to be named by will, and immediately after the proving of the will, the proceeds of such insurance or of such plan designated as payable to that trustee, in part or in whole, shall be paid to the trustee in accordance with the beneficiary designation, to be held and disposed of under the terms of the will governing the testamentary trust; or (b) A trustee named or to be named under a trust agreement executed by the insured, the plan participant, or any other person, and the proceeds of such insurance or retirement plan designated as payable to such trustee, in part or in whole, shall be paid to the trustee in accordance with the beneficiary designation, to be held and disposed of by the trustee as provided in such trust agreement; a trust is valid even if the only corpus consists of the right of the trustee to receive as beneficiary insurance or retirement plan proceeds; any such trustee may also receive assets, other than insurance or retirement plan proceeds, by testamentary disposition or otherwise and, unless directed otherwise by the transferor of the assets, shall administer all property of the trust according to the terms of the trust agreement. (2) If no qualified trustee makes claim to the insurance policy or retirement plan proceeds from the insurance company or the plan administrator within twelve months after the death of the insured or plan participant, determination of the proper recipient of the proceeds shall be made pursuant to the judicial or nonjudicial dispute resolution procedures of chapter 11.96A RCW, unless prior to the institution of the judicial procedures, a qualified trustee makes claim to the proceeds, except that (a) if satisfactory evidence is furnished the insurance company or plan administrator within the twelve-month period showing that no trustee can or will qualify to receive such proceeds, payment shall be made to those otherwise entitled to the proceeds under the terms of the policy or retirement plan, including the terms of the beneficiary designation except that (b) if there is any dispute as to the proper recipient of insurance policy or retirement plan proceeds, the dispute shall be resolved pursuant to the judicial or nonjudicial resolution procedures in chapter 11.96A RCW. (3) The proceeds of the insurance or retirement plan as collected by the trustee are not subject to debts of the insured or the plan participant to any greater extent than if the proceeds were payable to any named beneficiary other than the personal representative or the estate of the insured or of the plan participant. (4) For purposes of this section the following definitions apply: (a) "Plan administrator" means the person upon whom claim must be made in order for retirement plan proceeds to be paid upon the death of the plan participant. (b) "Retirement plan" means any plan, account, deposit, annuity, or benefit, other than a life insurance policy, that provides for payment to a beneficiary designated by the plan participant for whom the plan is established. The term includes, without limitation, such plans regardless of source of funding, and, for example, includes pensions, annuities, stock bonus plans, employee stock ownership plans, profit sharing plans, self-employed retirement plans, individual retirement accounts, individual retirement annuities, and retirement bonds, as well as any other retirement plan or program. (c) "Trustee" includes any custodian under chapter 11.114 RCW or any similar statutory provisions of any other state and the terms "trust agreement" and "will" refer to the provisions of chapter 11.114 RCW or such similar statutory provisions of any other state. (5) Enactment of this section does not invalidate life insurance policy or retirement plan beneficiary designations executed prior to January 1, 1985, naming a trustee established by will or by trust agreement.
RCW 11.120.010 — Washington Code / Title 11 / Chapter 120 / Section 010
RCW 11.120.010: Short title—2016 c 140.
Status: in_force

This act may be known and cited as the revised uniform fiduciary access to digital assets act.
RCW 11.54.071 — Washington Code / Title 11 / Chapter 54 / Section 071
RCW 11.54.071: Abatement.
Status: in_force

The decedent's separate property and the property of the community composed of the decedent and the decedent's spouse or registered domestic partner abates for awards of family allowance under this chapter in accordance with chapter 11.10 RCW; provided however, that gifts containing a homestead or other nonfungible property that is exempt from attachment, execution, and forced sale shall abate to the extent that the property is awarded to a claimant under this chapter, regardless of whether the gift would be classified as intestate, residuary, general, demonstrative, or specific, except as otherwise provided in RCW 11.10.010 (2).
RCW 11.95A.440 — Washington Code / Title 11 / Chapter 95A / Section 440
RCW 11.95A.440: Power to contract—Presently exercisable power of appointment.
Status: in_force

A powerholder of a presently exercisable power of appointment may contract: (1) Not to exercise the power; or (2) To exercise the power if the contract when made does not confer a benefit on an impermissible appointee.
RCW 11.90.060 — Washington Code / Title 11 / Chapter 90 / Section 060
RCW 11.90.060: Testimony and documentary evidence from another state.
Status: in_force

(1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken. (2) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony. (3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
RCW 11.05A.050 — Washington Code / Title 11 / Chapter 05A / Section 050
RCW 11.05A.050: Evidence of death or status.
Status: in_force

In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply: (1) Death occurs when an individual is determined to be dead by the attending physician, county coroner, or county medical officer. (2) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent. (3) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report. (4) In the absence of prima facie evidence of death under subsection (2) or (3) of this section, the fact of death may be established by clear and convincing evidence, including circumstantial evidence. (5) An individual whose death is not established under this section who is absent for a continuous period of seven years, during which he or she has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. His or her death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier. (6) In the absence of evidence disputing the time of death stipulated on a document described in subsection (2) or (3) of this section, a document described in subsection (2) or (3) of this section that stipulates a time of death one hundred twenty hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by one hundred twenty hours.
RCW 11.10.020 — Washington Code / Title 11 / Chapter 10 / Section 020
RCW 11.10.020: Gift from mixed separate and community property.
Status: in_force

To the extent that a gift is to be satisfied out of a source that consists of both separate and community property, unless otherwise indicated in the will it is presumed to be a gift from separate and community property in proportion to their relative value in the property or fund from which the gift is to be satisfied.
RCW 11.95A.420 — Washington Code / Title 11 / Chapter 95A / Section 420
RCW 11.95A.420: Method of release.
Status: in_force

A powerholder of a releasable power of appointment may release the power in whole or in part: (1) By substantial compliance with a method provided in the terms of the instrument creating the power; or (2) If the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by a record manifesting the powerholder's intent by clear and convincing evidence.
RCW 11.48.080 — Washington Code / Title 11 / Chapter 48 / Section 080
RCW 11.48.080: Uncollectible debts—Liability—Purchase of claims by personal representative.
Status: in_force

No personal representative shall be accountable for any debts due the estate, if it shall appear that they remain uncollected without his or her fault. No personal representative shall purchase any claim against the estate he or she represents, but the personal representative may make application to the court for permission to purchase certain claims, and if it appears to the court to be for the benefit of the estate that such purchase shall be made, the court may make an order allowing such claims and directing that the same may be purchased by the personal representative under such terms as the court shall order, and such claims shall thereafter be paid as are other claims, but the personal representative shall not profit thereby.
RCW 11.12.170 — Washington Code / Title 11 / Chapter 12 / Section 170
RCW 11.12.170: Devise of land, what passes.
Status: in_force

Every devise of land in any will shall be construed to convey all the estate of the devisor therein which he or she could lawfully devise, unless it shall clearly appear by the will that he or she intended to convey a less estate.
RCW 11.28.210 — Washington Code / Title 11 / Chapter 28 / Section 210
RCW 11.28.210: New or additional bond.
Status: in_force

Any person interested may at any time by verified petition to the court, or otherwise, complain of the sufficiency of any bond or sureties thereon, and the court may upon such petition, or upon its own motion, and with or without hearing upon the matter, require the personal representative to give a new, or additional bond, or bonds, and in all such matters the court may act in its discretion and make such orders and citations as to it may seem right and proper in the premises.
RCW 11.130.355 — Washington Code / Title 11 / Chapter 130 / Section 355
RCW 11.130.355: Termination or modification of guardianship for adult.
Status: in_force

(1) An adult subject to guardianship, the guardian for the adult, or a person interested in the welfare of the adult may petition for: (a) Termination of the guardianship on the ground that a basis for appointment under RCW 11.130.265 does not exist or termination would be in the best interest of the adult or for other good cause; or (b) Modification of the guardianship on the ground that the extent of protection or assistance granted is not appropriate or for other good cause. (2) The court shall hold a hearing to determine whether termination or modification of a guardianship for an adult is appropriate on: (a) Petition under subsection (1) of this section that contains allegations that, if true, would support a reasonable belief that termination or modification of the guardianship may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months; (b) Communication from the adult, guardian, or person interested in the welfare of the adult which supports a reasonable belief that termination or modification of the guardianship may be appropriate, including because the functional needs of the adult or supports or services available to the adult have changed; (c) A report from a guardian or conservator which indicates that termination or modification may be appropriate because the functional needs of the adult or supports or services available to the adult have changed or a protective arrangement instead of guardianship or other less restrictive alternative for meeting the adult's needs is available; or (d) A determination by the court that a hearing would be in the best interest of the adult. (3) Notice of a petition under subsection (2)(a) of this section must be given to the adult subject to guardianship, the guardian, and any other person the court determines. (4) On presentation of prima facie evidence for termination of a guardianship for an adult, the court shall order termination unless it is proven that a basis for appointment of a guardian under RCW 11.130.265 exists. (5) The court shall modify the powers granted to a guardian for an adult if the powers are excessive or inadequate due to a change in the abilities or limitations of the adult, the adult's supports, or other circumstances. (6) Unless the court otherwise orders for good cause, before terminating or modifying a guardianship for an adult, the court shall follow the same procedures to safeguard the rights of the adult which apply to a petition for guardianship. (7) An adult subject to guardianship who seeks to terminate or modify the terms of the guardianship has the right to choose an attorney to represent the adult in the matter. The court shall award reasonable attorneys' fees to the attorney for the adult as provided in RCW 11.130.100 .
RCW 11.125.170 — Washington Code / Title 11 / Chapter 125 / Section 170
RCW 11.125.170: Chapter violations—Agent liability.
Status: in_force

An agent that violates this chapter is liable to the principal or the principal's successors in interest for the amount required to restore the value of the principal's property to what it would have been had the violation not occurred.
RCW 11.56.005 — Washington Code / Title 11 / Chapter 56 / Section 005
RCW 11.56.005: Authority to exchange.
Status: in_force

Whenever it shall appear upon the petition of the personal representative or of any person interested in the estate to be to the best interests of the estate to exchange any real or personal property of the estate for other property, the court may authorize the exchange upon such terms and conditions as it may prescribe, which include the payment or receipt of part cash by the personal representative. If personal property of the estate is to be exchanged, the procedure required by this chapter for the sale of such property shall apply so far as may be; if real property of the estate is to be exchanged, the procedure required by this chapter for the sale of such property shall apply so far as may be.
RCW 11.114.180 — Washington Code / Title 11 / Chapter 114 / Section 180
RCW 11.114.180: Renunciation, resignation, death, or removal of custodian—Designation of successor custodian.
Status: in_force

(1) A person nominated under RCW 11.114.030 or designated under RCW 11.114.090 as custodian may decline to serve. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under RCW 11.114.030 , the person who made the nomination may nominate a substitute custodian under RCW 11.114.030 ; otherwise the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under RCW 11.114.090 (1). The custodian so designated has the rights of a successor custodian. (2) A custodian at any time may designate a trust company or an adult other than a transferor under RCW 11.114.040 as successor custodian by executing and dating an instrument of designation. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed, and custodial property is transferred to the successor custodian. (3) A custodian may resign at any time by delivering written notice to the minor, if the minor has attained the age of eighteen years, and to the successor custodian, and by delivering the custodial property to the successor custodian. (4) If a custodian is ineligible, dies, or becomes incapacitated and no successor custodian has been designated as provided in this chapter, and the minor has attained the age of eighteen years, the minor may designate as successor custodian, in the manner prescribed in subsection (2) of this section, an adult member of the minor's family, a guardian of the minor, or a trust company. If the minor has not attained the age of eighteen years or fails to act within sixty days after the ineligibility, death, or incapacity, the guardian of the minor becomes successor custodian. If the minor has no guardian or the guardian declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family, or any other interested person may petition the court to designate a successor custodian. (5) A custodian who declines to serve under subsection (1) of this section or resigns under subsection (3) of this section, or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received. (6) A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the minor, or the minor if the minor has attained the age of eighteen years may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under RCW 11.114.040 or to require the custodian to give appropriate bond.
RCW 11.125.390 — Washington Code / Title 11 / Chapter 125 / Section 390
RCW 11.125.390: Agent authority—Gifts.
Status: in_force

(1) In this section, a gift "for the benefit of" a person includes but is not limited to a gift to a trust, an account under the uniform transfers to minors act of any jurisdiction, and a tuition savings account or prepaid tuition plan as defined under internal revenue code section 529, 26 U.S.C. Sec. 529, as amended. Notwithstanding the terms of RCW 11.125.240 (1)(a), the power to make a gift pursuant to RCW 11.125.240 (1)(b) shall include the power to create a trust, an account under the uniform transfers to minors act, or a tuition savings account or prepaid tuition plan as defined under internal revenue code section 529, 26 U.S.C. Sec. 529, as amended, into which a gift is to be made. (2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to: (a) Make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under internal revenue code section 2503(b), 26 U.S.C. Sec. 2503(b), as amended, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to internal revenue code section 2513, 26 U.S.C. Sec. 2513, as amended, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and (b) Consent, pursuant to internal revenue code section 2513, 26 U.S.C. Sec. 2513, as amended, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses. (3) An agent may make a gift outright to, or for the benefit of, a person of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including but not limited to: (a) The value and nature of the principal's property; (b) The principal's foreseeable obligations and need for maintenance; (c) Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; (d) Eligibility for a benefit, a program, or assistance under a statute or rule; and (e) The principal's personal history of making or joining in making gifts.
RCW 11.120.901 — Washington Code / Title 11 / Chapter 120 / Section 901
RCW 11.120.901: 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 15 U.S.C. Sec. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).
RCW 11.98.009 — Washington Code / Title 11 / Chapter 98 / Section 009
RCW 11.98.009: Application of chapter.
Status: in_force

Except as provided in this section, this chapter applies to express trusts executed by the trustor after June 10, 1959, and does not apply to resulting trusts, constructive trusts, business trusts where certificates of beneficial interest are issued to the beneficiary, investment trusts, voting trusts, trusts in the nature of mortgages or pledges, liquidation trusts, or trusts for the sole purpose of paying dividends, interest, interest coupons, salaries, wages, pensions or profits, trusts created in deposits in any financial institution pursuant to *chapter 30.22 RCW, unless any such trust which is created in writing incorporates this chapter in whole or in part.
RCW 11.80.040 — Washington Code / Title 11 / Chapter 80 / Section 040
RCW 11.80.040: Sale of property—Application of proceeds and income.
Status: in_force

If necessary to pay debts against the absentee which have been duly approved and allowed in the same form and manner as provided for the approving and allowing of claims against the estate of a deceased person or for such other purpose as the court may deem proper for the preservation of the estate, the trustee may sell, lease, or mortgage real or personal property of the estate under order of the court so to do, which order shall specify the particular property affected and the method, whether by public sale, private sale, or by negotiation, and the terms thereof, and the trustee shall hold the proceeds of such sale, after deducting the necessary expenses thereof, subject to the order of the court. The trustee is authorized and empowered to, by order of the court, expend the proceeds received from the sale of such property, and also the rents, issues, and profits accruing therefrom in the care, maintenance, and upkeep of the property, so long as the trusteeship shall continue, and the trustee shall receive out of such property such compensation for his or her services and those of his or her attorney as may be fixed by the court. The notices and procedures in conducting sales, leases, and mortgages hereunder shall be as provided in chapter 11.56 RCW.
RCW 11.140.910 — Washington Code / Title 11 / Chapter 140 / Section 910
RCW 11.140.910: Uniformity of application and construction.
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
RCW 11.76.050 — Washington Code / Title 11 / Chapter 76 / Section 050
RCW 11.76.050: Hearing on final report—Decree of distribution.
Status: in_force

Upon the date fixed for the hearing of such final report and petition for distribution, or either thereof, or any day to which such hearing may have been adjourned by the court, if the court be satisfied that the notice of the time and place of hearing has been given as provided herein, it may proceed to the hearing aforesaid. Any person interested may file objections to the said report and petition for distribution, or may appear at the time and place fixed for the hearing thereof and present his or her objections thereto. The court may take such testimony as to it appears proper or necessary to determine whether the estate is ready to be settled, and whether the transactions of the personal representative should be approved, and to determine who are the legatees or heirs or persons entitled to have the property distributed to them, and the court shall, if it approves such report, and finds the estate ready to be closed, cause to be entered a decree approving such report, find and adjudge the persons entitled to the remainder of the estate, and that all debts have been paid, and by such decree shall distribute the real and personal property to those entitled to the same. Upon the production of receipts from the beneficiaries or distributees for their portions of the estate, the court shall, if satisfied with the correctness thereof, adjudge the estate closed and discharge the personal representative. The court may, upon such final hearing, partition among the persons entitled thereto, the estate held in common and undivided, and designate and distribute their respective shares; or assign the whole or any part of said estate to one or more of the persons entitled to share therein. The person or persons to whom said estate is assigned shall pay or secure to the other parties interested in said estate their just proportion of the value thereof as determined by the court from the appraisement, or from any other evidence which the court may require. If it shall appear to the court at or prior to any final hearing that the estate cannot be fairly divided, then the whole or any part of said estate may be sold or mortgaged in the manner provided by law for the sale or mortgaging of property by personal representatives and the proceeds thereof distributed to the persons entitled thereto as provided in the final decree. The court shall have the authority to make partition, distribution and settlement of all estates in any manner which to the court seems right and proper, to the end that such estates may be administered and distributed to the persons entitled thereto. No estate shall be partitioned, nor sale thereof made where partition is impracticable except upon a hearing before the court and the court shall fix the values of the several pieces or parcels to be partitioned at the time of making such order of partition or sale; and may order the property sold and the proceeds distributed, or may order partition and distribute the several pieces or parcels, subject to such charges or burdens as shall be proper and equitable. The provisions of this section shall be concurrent with and not in derogation of other statutes as to partition of property or sale.
RCW 11.56.210 — Washington Code / Title 11 / Chapter 56 / Section 210
RCW 11.56.210: Assignment of decedent's contract.
Status: in_force

Upon the confirmation of such sale, the personal representative shall execute to the purchaser an assignment of the contract and deed, which shall vest in the purchaser, his or her heirs and assigns, all the right, title, and interest of the persons entitled to the interest of the deceased in the land sold at the time of the sale, and such purchaser shall have the same rights and remedies against the vendor of such lands as the deceased would have had if living.
RCW 11.76.245 — Washington Code / Title 11 / Chapter 76 / Section 245
RCW 11.76.245: Procedure when claim made after time limitation.
Status: in_force

After any time limitation prescribed in RCW 11.76.220 , 11.76.240 or 11.76.243 , the absentee claimant may, at any time, if the assets of the estate have not been claimed under the provisions of RCW 11.76.240 and 11.76.243 , notify the department of revenue of his or her claim to the estate, and file in the court which had jurisdiction of the original probate a petition claiming the assets of the estate. The department of revenue may appear in answer to such petition. Upon proof being made to the probate court that the claimant is entitled to the estate assets, the court shall render its judgment to that effect and the assets shall be paid to the claimant without interest, upon appropriation made by the legislature.
RCW 11.98B.120 — Washington Code / Title 11 / Chapter 98B / Section 120
RCW 11.98B.120: Trust director—Action against—Limitation.
Status: in_force

(1) An action against a trust director for breach of trust must be commenced within the same limitation period under RCW 11.96A.070 as for an action for breach of trust against a trustee in a like position and under similar circumstances. (2) A report or accounting has the same effect on the limitation period for an action against a trust director for breach of trust that the report or accounting would have under RCW 11.96A.070 in an action for breach of trust against a trustee in a like position and under similar circumstances.
RCW 11.130.510 — Washington Code / Title 11 / Chapter 130 / Section 510
RCW 11.130.510: Conservator's plan.
Status: in_force

(1) A conservator, not later than ninety days after appointment, shall file with the court a plan for protecting, managing, expending, and distributing the assets of the conservatorship estate. The plan must be based on the needs of the individual subject to conservatorship and take into account the best interest of the individual as well as the individual's preferences, values, and prior directions, to the extent known to or reasonably ascertainable by the conservator. The conservator shall include in the plan: (a) A budget containing projected expenses and resources, including an estimate of the total amount of fees the conservator anticipates charging per year and a statement or list of the amount the conservator proposes to charge for each service the conservator anticipates providing to the individual; (b) How the conservator will involve the individual in decisions about management of the conservatorship estate; (c) Any step the conservator plans to take to develop or restore the ability of the individual to manage the conservatorship estate; and (d) An estimate of the duration of the conservatorship. (2) A conservator shall give notice of the filing of the conservator's plan under subsection (1) of this section, together with a copy of the plan, to the individual subject to conservatorship, a person entitled to notice under RCW 11.130.420 (6) or a subsequent order, and any other person the court determines. 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 individual subject to conservatorship and any person entitled under subsection (2) of this section to receive notice and a copy of the conservator's plan may object to the plan. (4) The court shall review the conservator'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 conservator's duties and powers. The court may not approve the plan until thirty days after its filing. (5) After a conservator's plan under this section is approved by the court, the conservator shall provide a copy of the plan to the individual subject to conservatorship, a person entitled to notice under RCW 11.130.420 (6) or a subsequent order, and any other person the court determines.
RCW 11.130.070 — Washington Code / Title 11 / Chapter 130 / Section 070
RCW 11.130.070: Waiver of notice.
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section, a person may waive notice under this chapter in a record signed by the person or person's attorney and filed in the proceeding. (2) A respondent, individual subject to guardianship, individual subject to conservatorship, or individual subject to a protective arrangement under Article 5 of this chapter may not waive notice under this chapter.
RCW 11.90.210 — Washington Code / Title 11 / Chapter 90 / Section 210
RCW 11.90.210: Exclusive jurisdictional basis.
Status: in_force

This chapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult under chapter 11.130 RCW.
RCW 11.118.040 — Washington Code / Title 11 / Chapter 118 / Section 040
RCW 11.118.040: Termination of trust.
Status: in_force

Upon termination of the trust, the trustee shall transfer the unexpended trust property in the following order: (1) As directed in the instrument; (2) If the trust was created in a nonresiduary clause in the trustor's will or in a codicil to the trustor's will and the will or codicil does not direct otherwise, under the residuary clause in the trustor's will, which shall be read as though the testator died on the date the trust terminated; and (3) If no taker is produced by the application of subsection (1) or (2) of this section, to the trustor's heirs under RCW 11.04.015 , as it exists at the time of the trust's termination.
RCW 11.106.100 — Washington Code / Title 11 / Chapter 106 / Section 100
RCW 11.106.100: Waiver of accounting by beneficiary.
Status: in_force

Any adult beneficiary entitled to an accounting under either RCW 11.106.020 or 11.106.030 may waive such an accounting by a separate instrument delivered to the trustee.
RCW 11.130.547 — Washington Code / Title 11 / Chapter 130 / Section 547
RCW 11.130.547: Access of conservator to certain assets.
Status: in_force

(1) For purposes of this section, "institution" means all financial institutions as defined in RCW 30A.22.041 , all insurance companies holding a certificate of authority under chapter 48.05 RCW, or any agent who constitutes a salesperson or broker-dealer of securities under the definitions of RCW 21.20.005 , individually and collectively. (2) Institutions shall provide the conservator access and control over the assets described in (a)(vii) of this subsection, including but not limited to delivery of the asset to the conservator, upon receipt of the following: (a) An affidavit containing as an attachment a true and correct copy of the conservator's letters of conservatorship and stating: (i) That as of the date of the affidavit, the affiant is a duly appointed conservator with authority over assets held by the institution but owned or subject to withdrawal or delivery to a client or depositor of the institution; (ii) The cause number of the conservatorship; (iii) The name of the person under conservatorship and the name of the client or depositor, which names must be the same; (iv) The account or the safety deposit box number or numbers; (v) The address of the client or depositor; (vi) The name and address of the affiant-conservator being provided assets or access to assets; (vii) A description of and the value of the asset or assets, or, where the value cannot be readily ascertained, a reasonable estimate thereof, and a statement that the conservator receives delivery or control of each asset solely in its capacity as conservator; (viii) The date the conservator assumed control over the assets; and (ix) That a true and correct copy of the letters of conservatorship duly issued by a court to the conservator is attached to the affidavit; and (b) An envelope, with postage prepaid, addressed to the clerk of the court issuing the letters of conservatorship. The affidavit must be sent in the envelope by the institution to the clerk of the court together with a statement signed by an agent of the institution that the description of the asset set forth in the affidavit appears to be accurate, and confirming in the case of cash assets, the value of the asset. (3) Any conservator provided with access to a safe deposit box pursuant to subsection (1) of this section shall make an inventory of the contents of the box and attach this inventory to the affidavit before the affidavit is sent to the clerk of the court and before the contents of the box are released to the conservator. Any inventory must be prepared in the presence of an employee of the institution and the statement of the institution required under subsection (1) of this section must include a statement executed by the employee that the inventory appears to be accurate. The institution may require payment by the conservator of any fees or charges then due in connection with the asset or account and of a reasonable fee for witnessing preparation of the inventory and preparing the statement required by this subsection or subsection (1) of this section. (4) Any institution to which an affidavit complying with subsection (1) of this section is submitted may rely on the affidavit without inquiry and is not subject to any liability of any nature whatsoever to any person whatsoever, including but not limited to the institution's client or depositor or any other person with an ownership or other interest in or right to the asset, for the reliance or for providing the conservator access and control over the asset, including but not limited to delivery of the asset to the conservator.
RCW 11.64.016 — Washington Code / Title 11 / Chapter 64 / Section 016
RCW 11.64.016: Security may be required.
Status: in_force

If the surviving partner or partners commit waste, or if it appears to the court that it is for the best interest of the estate of the decedent, such court may, after a hearing, order the surviving partner or partners to give security for the faithful settlement of the partnership affairs and the payment to the personal representative of any amount due the estate.
RCW 11.130.095 — Washington Code / Title 11 / Chapter 130 / Section 095
RCW 11.130.095: Multiple nominations.
Status: in_force

If a respondent or other person makes more than one nomination of a guardian or conservator, the latest in time governs.
RCW 11.12.095 — Washington Code / Title 11 / Chapter 12 / Section 095
RCW 11.12.095: Omitted spouse or omitted domestic partner.
Status: in_force

(1) If a will fails to name or provide for a spouse or domestic partner of the decedent whom the decedent marries or enters into a domestic partnership after the will's execution and who survives the decedent, referred to in this section as an "omitted spouse" or "omitted domestic partner," the spouse or domestic partner must receive a portion of the decedent's estate as provided in subsection (3) of this section, unless it appears either from the will or from other clear and convincing evidence that the failure was intentional. (2) In determining whether an omitted spouse or omitted domestic partner has been named or provided for, the following rules apply: (a) A spouse or domestic partner identified in a will by name is considered named whether identified as a spouse or domestic partner or in any other manner. (b) A reference in a will to the decedent's future spouse or spouses or future domestic partner or partners, or words of similar import, constitutes a naming of a spouse or domestic partner whom the decedent later marries or with whom the decedent enters into a domestic partnership. A reference to another class such as the decedent's heirs or family does not constitute a naming of a spouse or domestic partner who falls within the class. (c) A nominal interest in an estate does not constitute a provision for a spouse or domestic partner receiving the interest. (3) The omitted spouse or omitted domestic partner must receive an amount equal in value to that which the spouse or domestic partner would have received under RCW 11.04.015 if the decedent had died intestate, unless the court determines on the basis of clear and convincing evidence that a smaller share, including no share at all, is more in keeping with the decedent's intent. In making the determination the court may consider, among other things, the spouse's or domestic partner's property interests under applicable community property or quasi-community property laws, the various elements of the decedent's dispositive scheme, and a marriage settlement or settlement in a domestic partnership or other provision and provisions for the omitted spouse or omitted domestic partner outside the decedent's will. (4) In satisfying a share provided by this section, the bequests made by the will abate as provided in chapter 11.10 RCW.
RCW 11.98.019 — Washington Code / Title 11 / Chapter 98 / Section 019
RCW 11.98.019: Relinquishment of powers by trustee.
Status: in_force

Any trustee may, by written instrument delivered to any then acting co-trustee and to the permissible distributees of the trust, relinquish to any extent and upon any terms any or all of the trustee's powers, rights, authorities, or discretions that are or may be tax sensitive in that they cause or may cause adverse tax consequences to the trustee or the trust. Any trustee not relinquishing such a power, right, authority, or discretion and upon whom it is conferred continues to have full power to exercise it.
RCW 11.12.190 — Washington Code / Title 11 / Chapter 12 / Section 190
RCW 11.12.190: Will to operate on after-acquired property.
Status: in_force

Any estate, right or interest in property acquired by the testator after the making of his or her will may pass thereby and in like manner as if title thereto was vested in him or her at the time of making the will, unless the contrary manifestly appears by the will to have been the intention of the testator.
RCW 11.118.030 — Washington Code / Title 11 / Chapter 118 / Section 030
RCW 11.118.030: Use of trust principal or income.
Status: in_force

Except as expressly provided otherwise in the trust instrument or in RCW 11.118.070 , and except as may be necessary to pay the trustee reasonable compensation and to reimburse the trustee for reasonable costs incurred on behalf of the trust, no portion of the principal or income of the trust may be converted to the use of the trustee or to any use other than for the trust's purpose or for the benefit of the designated animal or animals.
RCW 11.130.015 — Washington Code / Title 11 / Chapter 130 / Section 015
RCW 11.130.015: Supplemental principles of law and equity applicable.
Status: in_force

Unless displaced by a particular provision of this chapter, the principles of law and equity supplement its provisions.
RCW 11.110.230 — Washington Code / Title 11 / Chapter 110 / Section 230
RCW 11.110.230: Tax Reform Act of 1969, state implementation—Rights, powers, of courts, attorney general, not impaired.
Status: in_force

Nothing in RCW 11.110.200 through 11.110.260 shall impair the rights and powers of the courts or the attorney general of this state with respect to any trust.
RCW 11.10.030 — Washington Code / Title 11 / Chapter 10 / Section 030
RCW 11.10.030: Allocation of separate and community assets.
Status: in_force

(1) A community debt or liability is charged against the entire community property, with the surviving spouse's or surviving domestic partner's half and the decedent spouse's or decedent domestic partner's half charged equally. (2) A separate debt or liability is charged first against separate property, and if that is insufficient against the balance of decedent's half of community property remaining after community debts and liabilities are satisfied. (3) A community debt or liability that is also the separate debt or liability of the decedent is charged first against the whole of the community property and then against the decedent's separate property. (4) An expense of administration is charged against the separate property and the decedent's half of the community property in proportion to the relative value of the property, unless a different charging of expenses is shown to be appropriate under the circumstances including against the surviving spouse's or surviving domestic partner's share of the community property. (5) Property of a similar type, community or separate, is appropriated in accordance with the abatement priorities of RCW 11.10.010 . (6) Property that is primarily chargeable for a debt or liability is exhausted, in accordance with the abatement priorities of RCW 11.10.010 , before resort is had, also in accordance with RCW 11.10.010 , to property that is secondarily chargeable.
RCW 11.28.190 — Washington Code / Title 11 / Chapter 28 / Section 190
RCW 11.28.190: Examination of sureties—Additional security—Costs.
Status: in_force

Before the judge approves any bond required under this chapter, and after its approval, he or she may, of his or her own motion, or upon the motion of any person interested in the estate, supported by affidavit that the sureties, or some one or more of them, are not worth as much as they have justified to, order a citation to issue, requiring such sureties to appear before him or her at a designated time and place, to be examined touching their property and its value; and the judge must, at the same time, cause notice to be issued to the personal representative, requiring his or her appearance on the return of the citation, and on its return he or she may examine the sureties and such witnesses as may be produced touching the property of the sureties and its value; and if upon such examination he or she is satisfied that the bond is insufficient he or she must require sufficient additional security. If the bond and sureties are found by the court to be sufficient, the costs incident to such hearing shall be taxed against the party instituting such hearing. As a part of such costs the sureties appearing shall be allowed such fees and mileage as witnesses are allowed in civil proceedings: PROVIDED, That when the citation herein referred to is issued on the motion of the court, no costs shall be imposed.
RCW 11.114.220 — Washington Code / Title 11 / Chapter 114 / Section 220
RCW 11.114.220: Effect on existing custodianships.
Status: in_force

(1) Any transfer of custodial property as now defined in this chapter made before July 1, 1991, is validated notwithstanding that there was no specific authority in the Washington uniform gifts to minors act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made. (2) This chapter applies to all transfers made before July 1, 1991, in a manner and form prescribed in the Washington uniform gifts to minors act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on July 1, 1991. However, as to any custodianship established after August 9, 1971, but prior to January 1, 1985, a minor has the right after attaining the age of eighteen to demand delivery from the custodian of all or any portion of the custodial property.
RCW 11.135.030 — Washington Code / Title 11 / Chapter 135 / Section 030
RCW 11.135.030: Applicability.
Status: in_force

(1) Except as provided in subsection (2) of this section, this chapter applies to an electronic nontestamentary estate planning document and an electronic signature on a nontestamentary estate planning document. (2) This chapter does not apply to a nontestamentary estate planning document if the document precludes use of an electronic record or electronic signature. (3) This chapter does not affect the validity of an electronic record or electronic signature that is valid under: (a) Chapter 1.80 RCW; (b) Chapter 5.50 RCW; (c) RCW 11.12.400 through 11.12.491 ; or (d) Chapter 42.45 RCW.
RCW 11.28.185 — Washington Code / Title 11 / Chapter 28 / Section 185
RCW 11.28.185: Bond or other security of personal representative—When not required—Waiver—Corporate trustee—Additional bond—Reduction—Other security.
Status: in_force

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

When the terms of the decedent's will manifest an intent that the personal representative appointed to administer the estate shall not be required to furnish bond or other security, or when the personal representative is the surviving spouse or surviving domestic partner of the decedent and it appears to the court that the entire estate, after provision for expenses and claims of creditors, will be distributable to such spouse or surviving domestic partner, then such personal representative shall not be required to give bond or other security as a condition of appointment. In all cases where a bank or trust company authorized to act as personal representative is appointed as personal representative, no bond shall be required. In all other cases, unless waived by the court, the personal representative shall give such bond or other security, in such amount and with such surety or sureties, as the court may direct. Every person required to furnish bond must, before receiving letters testamentary or of administration, execute a bond to the state of Washington conditioned that the personal representative shall faithfully execute the duty of the trust according to law. The court may at any time after appointment of the personal representative require said personal representative to give a bond or additional bond, the same to be conditioned and to be approved as provided in this section; or the court may allow a reduction of the bond upon a proper showing. In lieu of bond, the court may in its discretion, substitute other security or financial arrangements, such as provided under RCW 11.130.445 , or as the court may deem adequate to protect the assets of the estate.
RCW 11.84.110 — Washington Code / Title 11 / Chapter 84 / Section 110
RCW 11.84.110: Payment by insurance company, bank, etc.—No additional liability.
Status: in_force

Any insurance company making payment according to the terms of its policy or any bank or other person performing an obligation for the slayer or abuser as one of several joint obligees shall not be subjected to additional liability by the terms of this chapter if such payment or performance is made without written notice, at its home office or at an individual's home or business address, of the killing by a slayer or financial exploitation by an abuser.
RCW 11.44.090 — Washington Code / Title 11 / Chapter 44 / Section 090
RCW 11.44.090: Discharge of debt—Specific bequest and inclusion in inventory and appraisement.
Status: in_force

The discharge or bequest in a will of any debt or demand of the testator against any executor named in the testator's will or against any person shall not be valid against the creditors of the deceased, but shall be construed as a specific bequest of such debt or demand, and the amount thereof shall be included in the inventory and appraisement, and shall, if necessary, be applied in payment of the testator's debts; if not necessary for that purpose, it shall be paid in the same manner and proportions as other specific legacies.
RCW 11.114.110 — Washington Code / Title 11 / Chapter 114 / Section 110
RCW 11.114.110: Validity and effect of transfer.
Status: in_force

(1) The validity of a transfer made in a manner prescribed in this chapter is not affected by: (a) Failure of the transferor to comply with RCW 11.114.090 (3) concerning possession and control; (b) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under RCW 11.114.090 (1); or (c) Death or incapacity of a person nominated under RCW 11.114.030 or designated under RCW 11.114.090 as custodian or the disclaimer of the office by that person. (2) A transfer made pursuant to RCW 11.114.090 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this chapter. (3) By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.
RCW 11.02.110 — Washington Code / Title 11 / Chapter 02 / Section 110
RCW 11.02.110: Transfer of shares or securities—Presumption of joint tenancy.
Status: in_force

Whenever shares or other securities issued by domestic or foreign corporations are or have been issued or transferred to two or more persons in joint tenancy form on the books or records of the corporation, it is presumed in favor of the corporation, its registrar and its transfer agent that the shares or other securities are owned by such persons in joint tenancy and not otherwise. A domestic or foreign corporation or its registrar or transfer agent is not liable for transferring or causing to be transferred on the books of the corporation to or pursuant to the direction of the surviving joint tenant or tenants any share or shares or other securities theretofore issued by the corporation to two or more persons in joint tenancy form on the books or records of the corporation, unless the transfer was made with actual knowledge by the corporation or by its registrar or transfer agent of the existence of any understanding, agreement, condition, or evidence that the shares or securities were held other than in joint tenancy, or of the invalidity of the joint tenancy or a breach of trust by the joint tenants.
RCW 11.62.020 — Washington Code / Title 11 / Chapter 62 / Section 020
RCW 11.62.020: Effect of affidavit and proof of death—Discharge and release of transferor—Refusal to pay or deliver—Procedure—False affidavit—Conflicting affidavits—Accountability.
Status: in_force

The person paying, delivering, transferring, or issuing personal property pursuant to RCW 11.62.010 is discharged and released to the same extent as if such person has dealt with a personal representative of the decedent, unless at the time of such payment, delivery, transfer, or issuance, such person had actual knowledge of the falsity of any statement which is required by RCW 11.62.010 (2) as now or hereafter amended to be contained in the successor's affidavit. Such person is not required to see to the application of the personal property, or to inquire into the truth of any matter specified in RCW 11.62.010 (1) or (2), or into the payment of any estate tax liability. An organization shall not be deemed to have actual knowledge of the falsity of any statement contained in an affidavit made pursuant to RCW 11.62.010 (2) as now or hereafter amended until such time as said knowledge shall have been brought to the personal attention of the individual making the transfer, delivery, payment, or issuance of the personal property claimed under RCW 11.62.010 as now or hereafter amended. If any person to whom an affidavit and proof of death is delivered refuses to pay, deliver, or transfer any personal property, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. If more than one affidavit is delivered with reference to the same personal property, the person to whom an affidavit is delivered may pay, deliver, transfer, or issue any personal property in response to the first affidavit received, provided that proof of death has also been received, or alternately implead such property into court for payment over to the person entitled thereto. Any person to whom payment, delivery, transfer, or issuance of personal property is made pursuant to RCW 11.62.010 as now or hereafter amended is answerable and accountable therefor to any personal representative of the estate of the decedent or to any other person having a superior right thereto.
RCW 11.114.150 — Washington Code / Title 11 / Chapter 114 / Section 150
RCW 11.114.150: Custodian's expenses, compensation, and bond.
Status: in_force

(1) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (2) Except for one who is a transferor under RCW 11.114.040 , a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year. (3) Except as provided in RCW 11.114.180 (6), a custodian need not give a bond. (4) Notwithstanding RCW 11.114.190 , a custodian not compensated for services is not liable for losses to the custodial property unless they result from bad faith, intentional wrongdoing, or gross negligence, or from failure to maintain the standard of prudence in investing the custodial property provided in this chapter.
RCW 11.90.420 — Washington Code / Title 11 / Chapter 90 / Section 420
RCW 11.90.420: Registering out-of-state guardianship.
Status: in_force

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
RCW 11.42.125 — Washington Code / Title 11 / Chapter 42 / Section 125
RCW 11.42.125: Secured claim—Creditor's right.
Status: in_force

If a creditor's claim is secured by any property of the decedent, this chapter does not affect the right of the creditor to realize on the creditor's security, whether or not the creditor presented the claim in the manner provided in RCW 11.42.070 .
RCW 11.95A.210 — Washington Code / Title 11 / Chapter 95A / Section 210
RCW 11.95A.210: Intent to exercise—Determining intent from residuary clause.
Status: in_force

(1) In this section: (a) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause. (b) "Will" includes a codicil and a testamentary instrument that revises another will. (2) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if: (a) The terms of the instrument containing the residuary clause do not manifest a contrary intent; (b) The power is a general power exercisable in favor of the powerholder's estate; (c) There is no gift-in-default clause or the clause is ineffective; and (d) The powerholder did not release the power.
RCW 11.98B.010 — Washington Code / Title 11 / Chapter 98B / Section 010
RCW 11.98B.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Breach of trust" includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this chapter, or law of this state other than this chapter pertaining to trusts. (2) "Directed trust" means a trust for which the terms of the trust grant a power of direction. (3) "Directed trustee" means a trustee that is subject to a trust director's power of direction. (4) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (5) "Power of direction" means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term includes a power over the investment, management, or distribution of trust property or other matters of trust administration. The term excludes the powers described in RCW 11.98B.030 (2). (6) "Settlor" means a person, including a testator, that creates, or contributes property to, a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion. (7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States. (8) "Terms of a trust" means: (a) Except as otherwise provided in (b) of this subsection, the manifestation of the settlor's intent regarding a trust's provisions as: (i) Expressed in the trust instrument; or (ii) Established by other evidence that would be admissible in a judicial proceeding; or (b) The trust's provisions as established, determined, or amended by: (i) A trustee or trust director in accordance with applicable law; (ii) Court order; or (iii) A nonjudicial settlement agreement under chapter 11.96A RCW. (9) "Trust director" means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust. (10) "Trustee" includes an original, additional, and successor trustee, and a cotrustee.
RCW 11.11.050 — Washington Code / Title 11 / Chapter 11 / Section 050
RCW 11.11.050: Notice—Affidavit—Form—Limitation on liability for failure to provide notice.
Status: in_force

(1) Written notice under this chapter must be served personally or by certified mail, return receipt requested and postage prepaid, on the financial institution or other third party having the nonprobate asset in its possession or control, on the beneficiary, on the testamentary beneficiary, and on the personal representative, and proof of the mailing or service must be made by affidavit and filed under the cause number assigned to the owner's estate. Notice to a financial institution must include notice delivered as follows: (a) If the nonprobate asset was maintained at a specific office of the financial institution, notice must be delivered to the office at which the nonprobate asset was maintained, which notice must be directed to the manager of the office; (b) If the nonprobate asset was held in a trust administered by a financial institution, notice must be delivered to the office at which the trust was administered, which notice must be directed to a named officer responsible for the administration of the trust; and (c) In all cases, notice must be delivered to any other location and in any other manner specifically designated in a written agreement signed by the owner and the financial institution, including but not limited to a signature card or deposit agreement. (2) Written notice to a financial institution or other third party of the testamentary disposition of a nonprobate asset under this chapter must be in a form substantially similar to the following: NOTICE OF TESTAMENTARY DISPOSITION OF NONPROBATE ASSET The undersigned personal representative, petitioner for appointment as personal representative, attorney for the personal representative or petitioner, or testamentary beneficiary under the will of the decedent named above (as that term is defined in RCW 11.11.010 ) hereby notifies you that the decedent named above died on (DATE MUST BE SUPPLIED) and left a will dated (DATE OF WILL MUST BE SUPPLIED) disposing of the following nonprobate asset or assets in your possession or control: (EACH SUCH ASSET MUST BE DESCRIBED WITH REASONABLE SPECIFICITY. FOR ACCOUNTS AT FINANCIAL INSTITUTIONS, THE WRITTEN NOTICE MUST SPECIFY THE OFFICE AT WHICH THE ACCOUNT WAS MAINTAINED, THE NAME OR NAMES IN WHICH THE ACCOUNT WAS HELD, AND THE FULL ACCOUNT NUMBER. FOR ASSETS HELD IN TRUST, THE WRITTEN NOTICE MUST SPECIFY THE NAME OR NAMES OF THE GRANTOR, THE NAME OF THE TRUST, IF ANY, AND THE DATE OF THE TRUST INSTRUMENT.) Under chapter 11.11 RCW, you may not transfer, deliver, or otherwise dispose of the asset or assets listed above in accordance with the beneficiary designation, account registration, or other arrangement made with you by the decedent. You may transfer, deliver, or otherwise dispose of the asset or assets listed above only upon receipt of the written direction of the personal representative or of the testamentary beneficiary, if the personal representative consents. . . . . . . . . (CAPACITY OF SIGNER) (3) The personal representative of the estate of the owner, a petitioner for appointment as personal representative, or the testamentary beneficiary may provide written notice under this section. The personal representative has no duty to provide written notice under this section and has no liability for failing or refusing to give the notice. (4) Written notice under this section may be provided at any time after the death of the owner and before discharge of the personal representative on closing of the estate, and may be provided before admission to probate of the will.
RCW 11.11.003 — Washington Code / Title 11 / Chapter 11 / Section 003
RCW 11.11.003: Purposes.
Status: in_force

The purposes of this chapter are to: (1) Enhance and facilitate the power of testators to control the disposition of assets that pass outside their wills; (2) Provide simple procedures for resolution of disputes regarding entitlement to such assets; and (3) Protect any financial institution or other third party having possession of or control over such an asset and transferring it to a beneficiary duly designated by the testator, unless that third party has been provided notice of a testamentary disposition as required in this chapter.
RCW 11.114.080 — Washington Code / Title 11 / Chapter 114 / Section 080
RCW 11.114.080: Receipt for custodial property.
Status: in_force

A written confirmation of delivery by a custodian constitutes a sufficient receipt and discharge of the transferor for custodial property transferred to the custodian under this chapter.
RCW 11.12.400 — Washington Code / Title 11 / Chapter 12 / Section 400
RCW 11.12.400: Electronic wills—Short title.
Status: in_force

RCW 11.12.410 through 11.12.491 may be known and cited as the uniform electronic wills act.
RCW 11.28.230 — Washington Code / Title 11 / Chapter 28 / Section 230
RCW 11.28.230: Bond not void for want of form—Successive recoveries.
Status: in_force

No bond required under the provisions of this chapter, and intended as such bond, shall be void for want of form, recital or condition; nor shall the principal or surety on such account be discharged, but all the parties thereto shall be held and bound to the full extent contemplated by the law requiring the same, to the amount specified in such bond. In all actions on such defective bond the plaintiff may state its legal effect in the same manner as though it were a perfect bond. The bond shall not be void upon the first recovery, but may be sued and recovered upon, from time to time, by any person aggrieved in his or her own name, until the whole penalty is exhausted.
RCW 11.130.730 — Washington Code / Title 11 / Chapter 130 / Section 730
RCW 11.130.730: Disqualification of supporter.
Status: in_force

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The following are disqualified from acting as a supporter: (1) A person who is an employer or employee of the adult with a disability, unless the person is an immediate family member of the adult with a disability; (2) A person directly providing paid support services to the adult with a disability, unless the person is an immediate family member of the adult with a disability; and (3) An individual against whom the person with a disability has obtained an order of protection from abuse, or an individual who is the subject of a civil or criminal order prohibiting contact with the adult with a disability.
RCW 11.130.410 — Washington Code / Title 11 / Chapter 130 / Section 410
RCW 11.130.410: Confidentiality of records.
Status: in_force

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(1) The existence of a proceeding for or the existence of conservatorship is a matter of public record unless the court seals the record after: (a) The respondent, the individual subject to conservatorship, or the parent of a minor subject to conservatorship requests the record be sealed; and (b) Either: (i) The petition for conservatorship is dismissed; or (ii) The conservatorship is terminated. (2) An individual subject to a proceeding for a conservatorship, whether or not a conservator is appointed, an attorney designated by the individual, and a person entitled to notice under RCW 11.130.420 (6) or a subsequent order may access court records of the proceeding and resulting conservatorship, including the conservator's plan under RCW 11.130.510 and the conservator's report under RCW 11.130.530 . A person not otherwise entitled access to court records under this section for good cause may petition the court for access to court records of the conservatorship, including the conservator's plan and report. The court shall grant access if access is in the best interest of the respondent or individual subject to conservatorship or furthers the public interest and does not endanger the welfare or financial interests of the respondent or individual. (3) A report under RCW 11.130.380 of a court visitor or professional evaluation under RCW 11.130.390 is confidential and must be sealed on filing, but is available to: (a) The court; (b) The individual who is the subject of the report or evaluation, without limitation as to use; (c) The petitioner, court visitor, petitioner's and respondent's attorneys, and proposed guardians, for purposes of the proceeding; (d) Unless the court directs otherwise, an agent appointed under a power of attorney for finances in which the respondent is identified as the principal; and (e) Any other person if it is in the public interest or for a purpose the court orders for good cause.
RCW 11.130.040 — Washington Code / Title 11 / Chapter 130 / Section 040
RCW 11.130.040: Letters of office.
Status: in_force

(1) The court shall issue letters of guardianship to a guardian on filing by the guardian of an acceptance of appointment. (2) The court shall issue letters of conservatorship to a conservator on filing by the conservator of an acceptance of appointment and filing of any required bond or compliance with any other verified receipt required by the court. (3) Limitations on the powers of a guardian or conservator or on the property subject to conservatorship must be included on the form prescribed by RCW 11.130.660 . (4) The court at any time may limit the powers conferred on a guardian or conservator. The court shall issue new letters of office to reflect the limitation. (5) A guardian or conservator may not act on behalf of a person under guardianship or conservatorship without valid letters of office. (6) The clerk of the superior court shall issue letters of guardianship or conservatorship in or substantially in the same form as set forth in RCW 11.130.660 . (7) Letters of office issued to a guardian or conservator who is a nonresident of this state must include the name and contact information for the resident agent of the guardian or conservator, appointed pursuant to RCW 11.130.090 (1)(c). (8) This chapter does not affect the validity of letters of office issued under *chapter 11.88 RCW prior to January 1, 2022.
RCW 11.130.550 — Washington Code / Title 11 / Chapter 130 / Section 550
RCW 11.130.550: Death of individual subject to conservatorship.
Status: in_force

(1) Upon the death of an individual subject to conservatorship, a conservator shall: (a) Have authority to disburse or commit those funds under the control of the conservator as are prudent and within the means of the estate for the disposition of the deceased individual subject to conservatorship's remains. Consent for such arrangement must be secured according to RCW 68.50.160 . If no person authorized by RCW 68.50.160 accepts responsibility for giving consent, the conservator may consent, subject to the provisions of this section and to the known directives of the deceased individual subject to conservatorship. Reasonable financial commitments made by a conservator pursuant to this section are binding against the estate of the deceased individual subject to conservatorship; (b) Deliver to the court for safekeeping any will of the individual in the conservator's possession and inform the personal representative named in the will if feasible, or if not feasible, a beneficiary named in the will, of the delivery. (2) If forty days after the death of an individual subject to conservatorship no personal representative has been appointed and no application or petition for appointment is before the court, the conservator may apply to exercise the powers and duties of a personal representative to administer and distribute the decedent's estate. The conservator shall give notice of his or her appointment and the pendency of any probate proceedings as provided in RCW 11.28.237 and shall also give notice to a person nominated as personal representative by a will of the decedent of which the conservator is aware. The court may grant the application if there is no objection and endorse the letters of office to note that the individual formerly subject to conservatorship is deceased and the conservator has acquired the powers and duties of a personal representative. (3) On the death of an individual subject to conservatorship, the conservator shall conclude the administration of the conservatorship estate as provided in RCW 11.130.570 .
RCW 11.12.051 — Washington Code / Title 11 / Chapter 12 / Section 051
RCW 11.12.051: Dissolution, invalidation, or termination of marriage or domestic partnership.
Status: in_force

(1) If, after making a will, the testator's marriage or domestic partnership is dissolved, invalidated, or terminated, all provisions in the will in favor of or granting any interest or power to the testator's former spouse or former domestic partner are revoked, unless the will expressly provides otherwise. Provisions affected by this section must be interpreted, and property affected passes, as if the former spouse or former domestic partner failed to survive the testator, having died at the time of entry of the decree of dissolution or declaration of invalidity. Provisions revoked by this section are revived by the testator's remarriage to the former spouse or reregistration of the domestic partnership with the former domestic partner. Revocation of certain nonprobate transfers is provided under RCW 11.07.010 . (2) This section is remedial in nature and applies to decrees of dissolution and declarations of invalidity entered before, on, or after January 1, 1995.
RCW 11.130.285 — Washington Code / Title 11 / Chapter 130 / Section 285
RCW 11.130.285: Appointment and role of attorney for adult.
Status: in_force

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(1)(a) The respondent shall have the right to be represented by a willing attorney of their choosing at any stage in guardianship proceedings. Any attorney purporting to represent a respondent or person subject to guardianship shall petition the court to be appointed to represent the respondent or person subject to guardianship. (b) Unless the respondent in a proceeding for appointment of a guardian for an adult is represented by an attorney, the court is not required, but may appoint an attorney to represent the respondent, regardless of the respondent's ability to pay, except as provided otherwise in (c) of this subsection. (c)(i) The court must appoint an attorney to represent the respondent at public expense when either: (A) The respondent is unable to afford an attorney; (B) The expense of an attorney would result in substantial hardship to the respondent; or (C) The respondent does not have practical access to funds with which to pay an attorney. If the respondent can afford an attorney but lacks practical access to funds, the court must provide an attorney and may impose a reimbursement requirement as part of a final order. (ii) When, in the opinion of the court, the rights and interests of the respondent cannot otherwise be adequately protected and represented, the court on its own motion must appoint an attorney at any time to represent the respondent. (iii) An attorney must be provided under this subsection (1)(c) as soon as practicable after a petition is filed and long enough before any final hearing to allow adequate time for consultation and preparation. Absent a convincing showing in the record to the contrary, a period of less than three weeks is presumed by a reviewing court to be inadequate time for consultation and preparation. (2) An attorney representing the respondent in a proceeding for appointment of a guardian for an adult shall: (a) Make reasonable efforts to ascertain the respondent's wishes; (b) Advocate for the respondent's wishes to the extent reasonably ascertainable; and (c) If the respondent's wishes are not reasonably ascertainable, advocate for the result that is the least restrictive in type, duration, and scope, consistent with the respondent's interests.