RCW 11.130.380 — Washington Code / Title 11 / Chapter 130 / Section 380
RCW 11.130.380: Appointment and role of court visitor.
Status: in_force

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(1) If the respondent in a proceeding to appoint a conservator is a minor, the court may appoint a court visitor to investigate a matter related to the petition or inform the minor or a parent of the minor about the petition or a related matter. (2) If the respondent in a proceeding to appoint a conservator is an adult, the court shall appoint a court visitor. The duties and reporting requirements of the court visitor are limited to the relief requested in the petition. The court visitor must be an individual with training or experience in the type of abilities, limitations, and needs alleged in the petition. (3) The court, in the order appointing court visitor, shall specify the hourly rate the court visitor may charge for his or her services, and shall specify the maximum amount the court visitor may charge without additional court review and approval. The fee shall be charged to the person subject to a guardianship or conservatorship proceeding unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That the court may charge such fee to the petitioner, the person subject to a guardianship or conservatorship proceeding, or any person who has appeared in the action; or may allocate the fee, as it deems just. If the petition is found to be frivolous or not brought in good faith, the court visitor fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency. (4)(a) The court visitor appointed under subsection (1) or (2) of this section shall within five days of receipt of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, the respondent or his or her legal counsel, the petitioner or his or her legal counsel, and any interested party entitled to notice under RCW 11.130.080 with a statement including: His or her training relating to the duties as a court visitor; his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment; his or her hourly rate, if compensated; whether the court visitor has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest. Within three days of the later of the actual service or filing of the court visitor's statement, any party may set a hearing and file and serve a motion for an order to show cause why the court visitor should not be removed for one of the following three reasons: (i) Lack of expertise necessary for the proceeding; (ii) An hourly rate higher than what is reasonable for the particular proceeding; or (iii) A conflict of interest. (b) Notice of the hearing shall be provided to the court visitor and all parties. If, after a hearing, the court enters an order replacing the court visitor, findings shall be included, expressly stating the reasons for the removal. If the court visitor is not removed, the court has the authority to assess to the moving party attorneys' fees and costs related to the motion. The court shall assess attorneys' fees and costs for frivolous motions. (5) A court visitor appointed under subsection (2) of this section for an adult shall interview the respondent in person and in a manner the respondent is best able to understand: (a) Explain to the respondent the substance of the petition, the nature, purpose, and effect of the proceeding, the respondent's rights at the hearing on the petition, the right to counsel of choice and to a jury trial, and the general powers and duties of a conservator; (b) Determine whether the respondent would like to request the appointment of an attorney, and determine the respondent's views about the appointment sought by the petitioner, including views about a proposed conservator, the conservator's proposed powers and duties, and the scope and duration of the proposed conservatorship; and (c) Inform the respondent that all costs and expenses of the proceeding, including respondent's attorneys' fees, may be paid from the respondent's assets. (6) If the respondent objects to the petition or requests appointment of an attorney, the court visitor shall petition the court to have an attorney appointed within five days of meeting the respondent. (7) A court visitor appointed under subsection (2) of this section for an adult shall: (a) Interview the petitioner and proposed conservator, if any; (b) Review financial records of the respondent, if relevant to the court visitor's recommendation under subsection (8)(b) of this section; (c) Investigate whether the respondent's needs could be met by a protective arrangement instead of conservatorship or other less restrictive alternative and, if so, identify the arrangement or other less restrictive alternative; and (d) Investigate the allegations in the petition and any other matter relating to the petition the court directs. (8) A court visitor appointed under subsection (2) of this section for an adult shall file a report in a record with the court and provide a copy of the report to the respondent, petitioner, and any interested party entitled to notice under RCW 11.130.080 at least fifteen days prior to the hearing on the petition filed under RCW 11.130.365 , which must include: (a) A recommendation: (i) Regarding the appropriateness of conservatorship, or whether a protective arrangement instead of conservatorship or other less restrictive alternative for meeting the respondent's needs is available; (ii) If a conservatorship is recommended, whether it should be full or limited; (iii) If a limited conservatorship is recommended, the powers to be granted to the conservator, and the property that should be placed under the conservator's control; and (iv) If a conservatorship is recommended, the amount of the bond or other verified receipt needed under RCW 11.130.445 and 11.130.500 ; (b) A statement of the qualifications of the proposed conservator and whether the respondent approves or disapproves of the proposed conservator; (c) A statement whether the respondent declined a professional evaluation under RCW 11.130.390 and what other information is available to determine the respondent's needs and abilities without the professional evaluation; (d) A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held; (e) A statement whether the respondent is able to participate in a hearing and which identifies any technology or other form of support that would enhance the respondent's ability to participate; and (f) Any other matter the court directs. (9) The appointment of a court visitor has no effect on the determination of the adult respondent's legal capacity and does not overcome the presumption of legal capacity or full legal and civil rights of the adult respondent.
RCW 11.96A.030 — Washington Code / Title 11 / Chapter 96A / Section 030
RCW 11.96A.030: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Citation" or "cite" and other similar terms, when required of a person interested in the estate or trust or a party to a petition, means to give notice as required under RCW 11.96A.100 . "Citation" or "cite" and other similar terms, when required of the court, means to order, as authorized under RCW 11.96A.020 and 11.96A.060 , and as authorized by law. (2) "Matter" includes any issue, question, or dispute involving: (a) The determination of any class of creditors, devisees, legatees, heirs, next of kin, or other persons interested in an estate, trust, nonprobate asset, or with respect to any other asset or property interest passing at death; (b) The direction of a personal representative or trustee to do or to abstain from doing any act in a fiduciary capacity; (c) The determination of any question arising in the administration of an estate or trust, or with respect to any nonprobate asset, or with respect to any other asset or property interest passing at death, that may include, without limitation, questions relating to: (i) The construction of wills, trusts, community property agreements, and other writings; (ii) a change of personal representative or trustee; (iii) a change of the situs of a trust; (iv) an accounting from a personal representative or trustee; (v) the determination of fees for a personal representative or trustee; or (vi) the powers and duties of a statutory trust director or directed trustee of a directed trust under chapter 11.98B RCW; (d) The grant to a personal representative or trustee of any necessary or desirable power not otherwise granted in the governing instrument or given by law; (e) An action or proceeding under chapter 11.84 RCW; (f) The amendment, reformation, or conformation of a will or a trust instrument to comply with statutes and regulations of the United States internal revenue service in order to achieve qualification for deductions, elections, and other tax requirements, including the qualification of any gift thereunder for the benefit of a surviving spouse who is not a citizen of the United States for the estate tax marital deduction permitted by federal law, including the addition of mandatory governing instrument requirements for a qualified domestic trust under section 2056A of the internal revenue code, the qualification of any gift thereunder as a qualified conservation easement as permitted by federal law, or the qualification of any gift for the charitable estate tax deduction permitted by federal law, including the addition of mandatory governing instrument requirements for a charitable remainder trust; (g) With respect to any nonprobate asset, or with respect to any other asset or property interest passing at death, including joint tenancy property, property subject to a community property agreement, or assets subject to a pay on death or transfer on death designation: (i) The ascertaining of any class of creditors or others for purposes of chapter 11.18 or 11.42 RCW; (ii) The ordering of a qualified person, the notice agent, or resident agent, as those terms are defined in chapter 11.42 RCW, or any combination of them, to do or abstain from doing any particular act with respect to a nonprobate asset; (iii) The ordering of a custodian of any of the decedent's records relating to a nonprobate asset to do or abstain from doing any particular act with respect to those records; (iv) The determination of any question arising in the administration under chapter 11.18 or 11.42 RCW of a nonprobate asset; (v) The determination of any questions relating to the abatement, rights of creditors, or other matter relating to the administration, settlement, or final disposition of a nonprobate asset under this title; (vi) The resolution of any matter referencing this chapter, including a determination of any questions relating to the ownership or distribution of an individual retirement account on the death of the spouse of the account holder as contemplated by RCW 6.15.020 (6); (vii) The resolution of any other matter that could affect the nonprobate asset; (h) With respect to any custodianship under a uniform transfers to minors act, the determination of any issues subject to court determination under chapter 11.114 RCW; and (i) The reformation of a will or trust to correct a mistake under RCW 11.96A.125 . (3) "Nonprobate assets" has the meaning given in RCW 11.02.005 . (4) "Notice agent" has the meanings given in RCW 11.42.010 . (5) "Party" or "parties" means any person who has a legal or equitable interest in, or who holds a power or a claim with respect to, the subject of a matter. Each of the terms "party" or "parties" must be construed liberally in its context to fulfill the purposes of the procedural rules contained in this chapter as supplemented by the court rules and to promote justice, without creating new substantive rights that do not otherwise exist under the laws of this state or principles of equity, and may include without limitation the following: (a) With respect to any property held subject to a revocable trust: (i) Each trustee of the property subject to the trust; and (ii) Each trustor who transferred the property; (b) With respect to any property held subject to an irrevocable trust: (i) Each trustee of the trust holding the property; (ii) Each qualified beneficiary, as defined in RCW 11.98.002 , of the property subject to the trust and any other beneficiary whose interest is protected under the constitutional principles of due process; and (iii) Each holder of a power relating to the property; (c) With respect to any testate property: (i) Each personal representative appointed to execute the will governing that property; (ii) Each devisee or legatee of that testate property; (iii) Each holder of a power relating to the testate property following the testator's death; and (iv) Each creditor whose claim has been established by allowance or judgment; (d) With respect to any intestate property: (i) Each personal representative appointed to administer that property; (ii) Each heir of the decedent who owned that property; (iii) Each holder of a power relating to the intestate property following the owner's death; and (iv) Each creditor whose claim has been established by allowance or judgment; (e) With respect to any nonprobate asset, or with respect to any other asset or property interest passing at death, including joint tenancy property, property subject to a community property agreement, or assets subject to a pay on death or transfer on death designation: (i) Each custodian of the property; (ii) Each transferee and beneficiary of the property; and (iii) Each qualified person, the notice agent, or resident agent, as those terms are defined in chapter 11.42 RCW; (f) With respect to any custodial property subject to a uniform transfers to minors act: (i) Each custodian of the custodial property; (ii) The minor, as defined in RCW 11.114.010 , for whose benefit the custodian holds the custodial property; and (iii) Each other person who holds a power under chapter 11.114 RCW to act on behalf of the minor; (g) With respect to any community property, each spouse; (h) With respect to a matter relating to the powers and duties of a trust director or a directed trustee, or both: (i) Each trust director with an interest in the matter; (ii) Each directed trustee; (iii) Each beneficiary, holder of a power, or other person whose interest or power is affected by the matter and is protected under the constitutional principles of due process; (i) Each creditor whose claim has been allowed but has not been paid; (j) The attorney general to the extent that the attorney general is a necessary and proper party under RCW 11.110.120 and corresponding common law; (k) Each person who claims a legal right, title, or interest in property being subjected to probate or trust administration, nonprobate assets, other property passing at death, or custodial property, including without limitation the resolution of rights and duties under RCW 11.18.200 and questions relating to legal ownership or abatement; and (l) When necessary, a party's representative or representatives, which may include without limitation guardians; custodians; guardians ad litem; special representatives; virtual representatives; attorneys in fact; fiduciaries; and notice agents, resident agents, and qualified persons, as those terms are defined in chapter 11.42 RCW. (6) "Persons interested in the estate, trust, nonprobate asset, other property passing at death, or custodial property" means all persons legally or beneficially interested in the estate, trust, nonprobate asset, other property passing at death, or custodial property; all persons holding powers with respect to the trust, estate, nonprobate asset, other property passing at death, or custodial property; the attorney general in the case of any charitable trust where the attorney general would be a necessary party to judicial proceedings concerning the trust; all fiduciaries of the estate, trust, nonprobate asset, or other property passing at death; and all custodians of custodial property. (7) "Trustee" means any acting and qualified trustee of the trust. (8) "Virtual representative" and other similar terms refer to a person who virtually represents another under RCW 11.96A.120 or other applicable law.
RCW 11.76.130 — Washington Code / Title 11 / Chapter 76 / Section 130
RCW 11.76.130: Expense of monument.
Status: in_force

Personal representatives of the estate of any deceased person are hereby authorized to expend a reasonable amount out of the estate of the decedent to erect a monument or tombstone suitable to mark the grave or crypt of the said decedent, and the expense thereof shall be paid as the funeral expenses are paid.
RCW 11.48.060 — Washington Code / Title 11 / Chapter 48 / Section 060
RCW 11.48.060: May recover for embezzled or alienated property of decedent.
Status: in_force

If any person, before the granting of letters testamentary or of administration, shall embezzle or alienate any of the moneys, goods, chattels, or effects of any deceased person, he or she shall stand chargeable, and be liable to the personal representative of the estate, in the value of the property so embezzled or alienated, together with any damage occasioned thereby, to be recovered for the benefit of the estate.
RCW 11.04.041 — Washington Code / Title 11 / Chapter 04 / Section 041
RCW 11.04.041: Advancements.
Status: in_force

If a person dies intestate as to all his or her estate, property which he or she gave in his or her lifetime as an advancement to any person who, if the intestate had died at the time of making the advancement, would be entitled to inherit a part of his or her estate, shall be counted toward the advancee's intestate share, and to the extent that it does not exceed such intestate share shall be taken into account in computing the estate to be distributed. Every gratuitous inter vivos transfer is deemed to be an absolute gift and not an advancement unless shown to be an advancement. The advancement shall be considered as of its value at the time when the advancee came into possession or enjoyment or at the time of the death of the intestate, whichever first occurs. If the advancee dies before the intestate, leaving a lineal heir who takes from the intestate, the advancement shall be taken into account in the same manner as if it had been made directly to such heir. If such heir is entitled to a lesser share in the estate than the advancee would have been entitled had he or she survived the intestate, then the heir shall only be charged with such proportion of the advancement as the amount he or she would have inherited, had there been no advancement, bears to the amount which the advancee would have inherited, had there been no advancement.
RCW 11.108.900 — Washington Code / Title 11 / Chapter 108 / Section 900
RCW 11.108.900: Application of chapter—Application of 2006 c 360.
Status: in_force

(1) This chapter applies to all estates, trusts, and governing instruments in existence on or any time after March 7, 1984, and to all proceedings with respect thereto after that date, whether the proceedings commenced before or after that date, and including distributions made after that date. This chapter shall not apply to any governing instrument the terms of which expressly or by necessary implication make this chapter inapplicable. The judicial and nonjudicial dispute resolution procedures of chapter 11.96A RCW apply to this chapter. (2) Sections 3 through 6, chapter 360, Laws of 2006 are remedial in nature and shall be liberally applied in order to achieve the purposes of chapter 360, Laws of 2006.
RCW 11.28.237 — Washington Code / Title 11 / Chapter 28 / Section 237
RCW 11.28.237: Notice of appointment as personal representative, pendency of probate—Proof by affidavit.
Status: in_force

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(1) Within twenty days after appointment, the personal representative of the estate of a decedent shall cause written notice of his or her appointment and the pendency of said probate proceedings, to be served personally or by mail to each heir, legatee and devisee of the estate and each beneficiary or transferee of a nonprobate asset of the decedent whose names and addresses are known to him or her, and proof of such mailing or service shall be made by affidavit and filed in the cause. If a trust is a legatee or devisee of the estate or a beneficiary or transferee of a nonprobate asset of the decedent, then notice to the trustee is sufficient. (2) If the personal representative does not otherwise give notice to creditors under chapter 11.40 RCW within thirty days after appointment, the personal representative shall cause written notice of his or her appointment and the pendency of the probate proceedings to be mailed to the state of Washington department of social and health services' office of financial recovery, and proof of the mailing shall be made by affidavit and filed in the cause.
RCW 11.106.040 — Washington Code / Title 11 / Chapter 106 / Section 040
RCW 11.106.040: Petition for statement of account.
Status: in_force

At any time after the later of one year from the inception of the trust or one year after the day on which a report was last filed, any settlor or beneficiary of a trust may file a petition under RCW 11.96A.080 with the superior court in the county where the trustee or one of the trustees resides asking the court to direct the trustee or trustees to file in the court an account. At the hearing on such petition the court may order the trustee to file an account for good cause shown.
RCW 11.125.100 — Washington Code / Title 11 / Chapter 125 / Section 100
RCW 11.125.100: Power of attorney termination—Agent authority termination.
Status: in_force

(1) A power of attorney terminates when: (a) The principal dies; (b) The principal becomes incapacitated, if the power of attorney is not durable; (c) The principal revokes the power of attorney; (d) The power of attorney provides that it terminates; (e) The purpose of the power of attorney is accomplished; or (f) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney. (2) An agent's authority terminates when: (a) The principal revokes the authority; (b) The agent dies, becomes incapacitated, or resigns; (c) An action is filed for the dissolution or annulment of the agent's marriage to the principal or for their legal separation, or an action is filed for dissolution or annulment of the agent's state registered domestic partnership with the principal or for their legal separation, unless the power of attorney otherwise provides; or (d) The power of attorney terminates. (3) An agent's authority which has been terminated under subsection (2)(c) of this section shall be reinstated effective immediately in the event that such action is dismissed with the consent of both parties or the petition for dissolution, annulment, or legal separation is withdrawn. (4) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (2) of this section, notwithstanding a lapse of time since the execution of the power of attorney. (5) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest. (6) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest. (7) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
RCW 11.11.020 — Washington Code / Title 11 / Chapter 11 / Section 020
RCW 11.11.020: Disposition of nonprobate assets under will.
Status: in_force

(1) Subject to community property rights, upon the death of an owner the owner's interest in any nonprobate asset specifically referred to in the owner's will belongs to the testamentary beneficiary named to receive the nonprobate asset, notwithstanding the rights of any beneficiary designated before the date of the will. (2) A general residuary gift in an owner's will, or a will making general disposition of all of the owner's property, does not entitle the devisees or legatees to receive nonprobate assets of the owner. (3) A disposition in a will of the owner's interest in "all nonprobate assets" or of all of a category of nonprobate asset under RCW 11.11.010 (7), such as "all of my payable on death bank accounts" or similar language, is deemed to be a disposition of all the nonprobate assets the beneficiaries of which are designated before the date of the will. (4) If the owner designates a beneficiary for a nonprobate asset after the date of the will, the specific provisions in the will that attempt to control the disposition of that asset do not govern the disposition of that nonprobate asset, even if the subsequent beneficiary designation is later revoked. If the owner revokes the later beneficiary designation, and there is no other provision controlling the disposition of the asset, the asset shall be treated as any other general asset of the owner's estate, subject to disposition under the other applicable provisions of the will. A beneficiary designation with respect to an asset that renews without the signature of the owner is deemed to have been made on the date on which the account was first opened.
RCW 11.68.021 — Washington Code / Title 11 / Chapter 68 / Section 021
RCW 11.68.021: Hearing on petition for nonintervention powers.
Status: in_force

A hearing on a petition for nonintervention powers may be held at the time of the appointment of the personal representative or at any later time.
RCW 11.98.012 — Washington Code / Title 11 / Chapter 98 / Section 012
RCW 11.98.012: Trust creation—Other jurisdictions.
Status: in_force

A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation or in the case of a revocable trust, at the time the trust became irrevocable: (1) The trustor was domiciled, had a residence, or was a national; (2) The trustee was domiciled or had a place of business; or (3) Any trust property was located.
RCW 11.76.250 — Washington Code / Title 11 / Chapter 76 / Section 250
RCW 11.76.250: Letters after final settlement.
Status: in_force

A final settlement of the estate shall not prevent a subsequent issuance of letters of administration, should other property of the estate be discovered, or if it should become necessary and proper from any cause that letters should be again issued.
RCW 11.96A.250 — Washington Code / Title 11 / Chapter 96A / Section 250
RCW 11.96A.250: Special representative.
Status: in_force

(1)(a) Any party or the parent of a minor or unborn party may petition the court for the appointment of a special representative to represent a party: (i) Who is a minor; (ii) who is incapacitated without an appointed guardian of his or her estate; (iii) who is yet unborn or unascertained; or (iv) whose identity or address is unknown. The petition may be heard by the court without notice. (b) In appointing the special representative the court shall give due consideration and deference to any nomination(s) made in the petition, the special skills required in the representation, and the need for a representative who will act independently and prudently. The nomination of a person as special representative by the petitioner and the person's willingness to serve as special representative are not grounds by themselves for finding a lack of independence, however, the court may consider any interests that the nominating party may have in the estate or trust in making the determination. (c) The special representative may enter into a binding agreement on behalf of the person or beneficiary. The special representative may be appointed for more than one person or class of persons if the interests of such persons or class are not in conflict. The petition must be verified. The petition and order appointing the special representative may be in the following form: CAPTION PETITION FOR APPOINTMENT OF CASE OF SPECIAL REPRESENTATIVE UNDER RCW 11.96A.250 The undersigned petitioner petitions the court for the appointment of a special representative in accordance with RCW 11.96A.250 and shows the court as follows: 1. Petitioner. Petitioner . . . [is the qualified and presently acting (personal representative) (trustee) of the above (estate) (trust) having been named (personal representative) (trustee) under (describe will and reference probate order or describe trust instrument)] or [is the (describe relationship of the petitioner to the party to be represented or to the matter at issue)]. 2. Matter. A question concerning . . . has arisen as to (describe issue, for example: Related to interpretation, construction, administration, distribution). The issue is a matter as defined in RCW 11.96A.030 and is appropriate for determination under RCW 11.96A.210 through 11.96A.250 . 3. Party/Parties to be Represented. This matter involves (include description of asset(s) and related beneficiaries and/or interested parties). Resolution of this matter will require the involvement of . . . . . . (name of person or class of persons), who is/are (minors), (incapacitated and without an appointed guardian), (unborn or unascertained) (whose identity or address is unknown). 4. Special Representative. The nominated special representative . . . is a lawyer licensed to practice before the courts of this state or an individual with special skill or training in the administration of estates or trusts. The nominated special representative does not have an interest in the matter and is not related to any person interested in the matter. The nominated special representative is willing to serve. The petitioner has no reason to believe that the nominated special representative will not act in an independent and prudent manner and in the best interests of the represented parties. (It is recommended that the petitioner also include information specifying the particular skills of the nominated special representative that relate to the matter in issue.) 5. Resolution. Petitioner desires to achieve a resolution of the questions that have arisen in this matter. Petitioner believes that proceeding in accordance with the procedures permitted under RCW 11.96A.210 through 11.96A.250 would be in the best interests of the parties, including the party requiring a special representative. 6. Request of Court. Petitioner requests that . . . . . . an attorney licensed to practice in the State of Washington, (OR) . . . . an individual with special skill or training in the administration of estates or trusts be appointed special representative for . . . (describe party or parties being represented), who is/are (minors), (incapacitated and without an appointed guardian), (unborn or unascertained) (whose identity or address is unknown), as provided under RCW 11.96A.250 . DATED this . . . day of . . . . ., . . . . . . . . . . . . . . . . . . . (Petitioner) VERIFICATION I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. DATED . . . . . ., . . . . (year), at . . . . . ., Washington. . . . . . . . . . . . . . . . (Petitioner or other person having knowledge) CAPTION PETITION FOR APPOINTMENT OF CASE OF SPECIAL REPRESENTATIVE UNDER RCW 11.96A.250 THIS MATTER having come on for hearing before this Court on Petition for Appointment of Special Representative filed herein, and it appearing that it would be in the best interests of the parties related to the matter described in the Petition to appoint a special representative to address the issues that have arisen in the matter and the Court finding that the facts stated in the Petition are true, now, therefore, IT IS ORDERED that . . . is appointed under RCW 11.96A.250 as special representative (describe party or parties being represented) who is/are (minors), (incapacitated and without an appointed guardian), (unborn or unascertained) (whose identity or address is unknown), to represent their respective interests in the matter as provided in RCW 11.96A.250 . The special representative shall be discharged of responsibility with respect to the matter as provided in RCW 11.96A.250 . The special representative is discharged of responsibility with respect to the matter at such time as a written agreement is executed resolving the present issues, all as provided in that statute, or if an agreement is not reached within six months from entry of this Order, the special representative appointed under this Order is discharged of responsibility, subject to subsequent reappointment under RCW 11.96A.250 . DONE IN OPEN COURT this . . . day of . . . . ., . . . . . . . . . . . . . . . . . . . JUDGE/COURT COMMISSIONER (2) Upon appointment by the court, the special representative must file a certification made under penalty of perjury in accordance with chapter 5.50 RCW that he or she (a) is not interested in the matter; (b) is not related to any person interested in the matter; (c) is willing to serve; and (d) will act independently, prudently, and in the best interests of the represented parties. (3) The special representative must be a lawyer licensed to practice before the courts of this state or an individual with special skill or training in the administration of estates or trusts. The special representative may not have an interest in the matter, and may not be related to a person interested in the matter. The special representative is entitled to reasonable compensation for services that must be paid from the principal of an asset involved in the matter. (4) The special representative is discharged from any responsibility and will have no further duties with respect to the matter or with respect to any party, on the earlier of: (a) The expiration of six months from the date the special representative was appointed unless the order appointing the special representative provides otherwise, or (b) the execution of the written agreement by all parties or their virtual representatives. Any action against a special representative must be brought within the time limits provided by RCW 11.96A.070 (3)(c)(i).
RCW 11.130.110 — Washington Code / Title 11 / Chapter 130 / Section 110
RCW 11.130.110: Liability of guardian or conservator for act of individual subject to guardianship or conservatorship.
Status: in_force

A guardian or conservator is not personally liable to another person solely because of the guardianship or conservatorship for an act or omission of the individual subject to guardianship or conservatorship.
RCW 11.84.050 — Washington Code / Title 11 / Chapter 84 / Section 050
RCW 11.84.050: Distribution of property held jointly with slayer or abuser.
Status: in_force

(1) One-half of any property held by the slayer or abuser and the decedent as joint tenants, joint owners or joint obligees shall pass upon the death of the decedent to his or her estate, and the other half shall pass to his or her estate upon the death of the slayer or abuser, unless the slayer or abuser obtains a separation or severance of the property or a decree granting partition. (2) As to property held jointly by three or more persons, including the slayer or abuser and the decedent, any enrichment which would have accrued to the slayer or abuser as a result of the death of the decedent shall pass to the estate of the decedent. If the slayer or abuser becomes the final survivor, one-half of the property shall immediately pass to the estate of the decedent and the other half shall pass to his or her estate upon the death of the slayer or abuser, unless the slayer or abuser obtains a separation or severance of the property or a decree granting partition. (3) The provisions of this section shall not affect any enforceable agreement between the parties or any trust arising because a greater proportion of the property has been contributed by one party than by the other.
RCW 11.98.060 — Washington Code / Title 11 / Chapter 98 / Section 060
RCW 11.98.060: Power of successor trustee.
Status: in_force

A successor trustee of a trust shall succeed to all the powers, duties and discretionary authority of the original trustee.
RCW 11.90.050 — Washington Code / Title 11 / Chapter 90 / Section 050
RCW 11.90.050: Requests between in-state and out-of-state courts.
Status: in_force

(1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (a) Hold an evidentiary hearing; (b) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (c) Order that an evaluation or assessment be made of the respondent; (d) Order any appropriate investigation of a person involved in a proceeding; (e) Forward to the court of this state a certified copy of the transcript or other record of a hearing under (a) of this subsection or any other proceeding, any evidence otherwise produced under (b) of this subsection, and any evaluation or assessment prepared in compliance with an order under (c) or (d) of this subsection; (f) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; (g) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. Sec. 164.504. (2) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (1) of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
RCW 11.42.900 — Washington Code / Title 11 / Chapter 42 / Section 900
RCW 11.42.900: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
Status: in_force

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
RCW 11.130.590 — Washington Code / Title 11 / Chapter 130 / Section 590
RCW 11.130.590: Basis for protective arrangement instead of conservatorship for adult or minor.
Status: in_force

(1) After the hearing on a petition under RCW 11.130.365 for conservatorship for an adult or under RCW 11.130.580 (3) for a protective arrangement instead of a conservatorship for an adult, the court may issue an order under subsection (3) of this section for a protective arrangement instead of conservatorship for the adult if the court finds by clear and convincing evidence that: (a) The adult is unable to manage property or financial affairs because: (i) Of a limitation in the ability to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision making; or (ii) The adult is missing, detained, or unable to return to the United States; (b) An order under subsection (3) of this section is necessary to: (i) Avoid harm to the adult or significant dissipation of the property of the adult; or (ii) Obtain or provide funds or other property needed for the support, care, education, health, or welfare of the adult or an individual entitled to the adult's support; and (c) The respondent's identified needs cannot be met by a less restrictive alternative. (2) After the hearing on a petition under RCW 11.130.365 for conservatorship for a minor or under RCW 11.130.580 (3) for a protective arrangement instead of conservatorship for a minor, the court may issue an order under subsection (3) of this section for a protective arrangement instead of conservatorship for the respondent if the court finds by a preponderance of the evidence that the arrangement is in the minor's best interest, and: (a) If the minor has a parent, the court gives weight to any recommendation of the parent whether an arrangement is in the minor's best interest; (b) Either: (i) The minor owns money or property requiring management or protection that otherwise cannot be provided; (ii) The minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor's age; or (iii) The arrangement is necessary or desirable to obtain or provide funds or other property needed for the support, care, education, health, or welfare of the minor; and (iv) The order under subsection (3) of this section is necessary or desirable to obtain or provide money needed for the support, care, education, health, or welfare of the minor. (3) If the court makes the findings under subsection (1) or (2) of this section, the court, instead of appointing a conservator, may: (a) Authorize or direct a transaction necessary to protect the financial interest or property of the respondent, including: (i) An action to establish eligibility for benefits; (ii) Payment, delivery, deposit, or retention of funds or property; (iii) Sale, mortgage, lease, or other transfer of property; (iv) Purchase of an annuity; (v) Entry into a contractual relationship, including a contract to provide for personal care, supportive services, education, training, or employment; (vi) Addition to or establishment of a trust; (vii) Ratification or invalidation of a contract, trust, will, or other transaction, including a transaction related to the property or business affairs of the respondent; or (viii) Settlement of a claim; or (b) Restrict access to the respondent's property by a specified person whose access to the property places the respondent at serious risk of financial harm. (4) After the hearing on a petition under RCW 11.130.580 (1)(b), whether or not the court makes the findings under subsection (1) or (2) of this section, the court may issue an order to restrict access to the respondent or the respondent's property by a specified person that the court finds by clear and convincing evidence: (a) Through fraud, coercion, duress, or the use of deception and control caused or attempted to cause an action that would have resulted in financial harm to the respondent or the respondent's property; and (b) Poses a serious risk of substantial financial harm to the respondent or the respondent's property. (5) Before issuing an order under subsection (3) or (4) of this section, the court shall consider the factors under RCW 11.130.505 a conservator must consider when making a decision on behalf of an individual subject to conservatorship. (6) Before issuing an order under subsection (3) or (4) of this section for a respondent who is a minor, the court also shall consider the best interest of the minor, the preference of the parents of the minor, and the preference of the minor, if the minor is twelve years of age or older.
RCW 11.08.170 — Washington Code / Title 11 / Chapter 08 / Section 170
RCW 11.08.170: Probate of escheat property—Notice to department of revenue.
Status: in_force

Escheat property may be probated under the provisions of the probate laws of this state. Whenever such probate proceedings are instituted, whether by special administration or otherwise, the petitioner shall promptly notify the department of revenue in writing thereof on forms furnished by the department of revenue to the county clerks. Thereafter, the department of revenue shall be served with written notice at least twenty days prior to any hearing on proceedings involving the valuation or sale of property, on any petition for the allowance of fees, and on all interim reports, final accounts or petitions for the determination of heirship. Like notice shall be given of the presentation of any claims to the court for allowance. Failure to furnish such notice shall be deemed jurisdictional and any order of the court entered without such notice shall be void. The department of revenue may waive the provisions of this section in its discretion. The department shall be deemed to have waived its right to administer in such probate proceedings under RCW 11.28.120 (5) unless application for appointment of the director or the director's designee is made within forty days immediately following receipt of notice of institution of proceedings.
RCW 11.110.250 — Washington Code / Title 11 / Chapter 110 / Section 250
RCW 11.110.250: Tax Reform Act of 1969, state implementation—Application to trust created after June 10, 1971, or amendment to existing trust.
Status: in_force

Nothing in RCW 11.110.200 through 11.110.260 shall limit the power of a person who creates a trust after June 10, 1971 or the power of a person who has retained or has been granted the right to amend a trust created before June 10, 1971, to include a specific provision in the trust instrument or an amendment thereto, as the case may be, which provides that some or all of the provisions of RCW 11.110.210 and 11.110.220 shall have no application to such trust.
RCW 11.96A.310 — Washington Code / Title 11 / Chapter 96A / Section 310
RCW 11.96A.310: Arbitration procedure.
Status: in_force

(1) When arbitration available. Arbitration under RCW 11.96A.260 through 11.96A.320 is available only if: (a) A party has first petitioned for mediation under RCW 11.96A.300 and such mediation has been concluded; (b) The court has determined that mediation under RCW 11.96A.300 is not required and has not ordered that the matter be disposed of in some other manner; (c) All of the parties or the parties' virtual representatives have agreed not to use the mediation procedures of RCW 11.96A.300 ; or (d) The court has ordered that the matter must be submitted to arbitration. (2) Commencement of arbitration. Arbitration must be commenced as follows: (a) If the matter is not settled through mediation under RCW 11.96A.300 , or the court orders that mediation is not required, a party may commence arbitration by serving written notice of arbitration on all other parties or the parties' virtual representatives. The notice must be served no later than twenty days after the later of the conclusion of the mediation procedure, if any, or twenty days after entry of the order providing that mediation is not required. If arbitration is ordered by the court under RCW 11.96A.300 (3), arbitration must proceed in accordance with the order. (b) If the parties or the parties' virtual representatives agree that mediation does not apply and have not agreed to another procedure for resolving the matter, a party may commence arbitration without leave of the court by serving written notice of arbitration on all other parties or the parties' virtual representatives at any time before or at the initial judicial hearing on the matter. After the initial judicial hearing on the matter, the written notice required in subsection (1) of this section may only be served with leave of the court. Any notice required by this section must be in substantially the following form: NOTICE OF ARBITRATION UNDER RCW 11.96A.310 To: (Parties) Notice is hereby given that the following matter must be resolved by arbitration under RCW 11.96A.310 : (State nature of matter) The matter must be resolved using the arbitration procedures of RCW 11.96A.310 unless a petition objecting to arbitration is filed with the superior court within twenty days of receipt of this notice. If a petition objecting to arbitration is not filed within the twenty-day period, RCW 11.96A.310 requires you to furnish to all other parties or the parties' virtual representatives a list of acceptable arbitrators within thirty days of your receipt of this notice. (Optional: Our list of acceptable arbitrators is as follows:) DATED: . . . . . . . . . . (Party or party's legal representative) (3) Objection to arbitration. A party may object to arbitration by filing a petition with the superior court and serving the petition on all parties or the parties' virtual representatives. The objection to arbitration may be filed at any time unless a written notice of arbitration has been served, in which case the objection to arbitration must be filed and served no later than twenty days after receipt of the written notice of arbitration. The hearing on the objection to arbitration must be heard no later than twenty days after the filing of that petition. The party objecting to arbitration must give notice of the hearing to all parties at least ten days before the hearing and shall include a copy of the petition. At the hearing, the court shall order that arbitration proceed except for good cause shown. Such order shall not be subject to appeal or revision. If the court determines that the matter should not be subject to arbitration, the court shall dispose of the matter by: (a) Deciding the matter at that hearing, but only if the petition objecting to arbitration contains a request for such relief; or (b) directing other judicial proceedings. (4) Selection of arbitrator; qualifications of arbitrator. (a) If a petition objecting to arbitration is not filed as provided in subsection (3) of this section, or if a court determines that arbitration must apply, each party shall, within thirty days of receipt of the initial notice or within twenty days after the court determination, whichever is later, furnish all other parties or the parties' virtual representatives a list of acceptable arbitrators. If the parties cannot agree on an arbitrator within ten days after the list is required to be furnished, a party may petition the court to appoint an arbitrator. All parties may submit a list of qualified and acceptable arbitrators to the court no later than the date on which the hearing on the petition is to be held. At the hearing the court shall select a qualified arbitrator from lists of acceptable arbitrators provided by the parties. (b) A qualified arbitrator must be an attorney licensed to practice before the courts of this state having at least five years of experience in trust or estate matters or five years of experience in litigation or other formal dispute resolution involving trusts or estates, or an individual, who may be an attorney, with special skill or training with respect to the matter. The arbitrator may be the same person selected and used as a mediator under the mediation procedures of RCW 11.96A.300 . (5) Arbitration rules. Arbitration must be under *chapter 7.06 RCW, mandatory arbitration of civil actions, as follows: (a) Chapter 7.06 RCW, the superior court mandatory arbitration rules adopted by the supreme court, and any local rules for mandatory arbitration adopted by the superior court apply to this title. If the superior court has not adopted chapter 7.06 RCW, then the local rules for mandatory arbitration applicable in King county apply, except all the duties of the director of arbitration must be performed by the presiding judge of the superior court. (b) If a party has already filed a petition with the court with respect to the matter that will be the subject of the arbitration proceedings, then all other parties to the arbitration proceedings who have not yet filed a reply thereto must file a reply with the arbitrator within ten days of the date on which the arbitrator is selected or appointed. (c) The arbitration provisions of this subsection apply to all matters in dispute. The dollar limits and restrictions to monetary damages of RCW 7.06.020 do not apply to arbitrations under this subsection. To the extent any provision in this title is inconsistent with chapter 7.06 RCW or the rules referenced in (a) of this subsection, the provisions of this title control. (d) The compensation of the arbitrator must be set by written agreement between the parties and the arbitrator. The arbitrator must be compensated at the arbitrator's stated rate of compensation for acting as an arbitrator of disputes in trusts, estates, and nonprobate matters unless the parties or the parties' virtual representatives agree otherwise. (e) Unless directed otherwise by the arbitrator in accord with subsection (6) of this section or RCW 11.96A.320 , or unless the matter is not resolved by arbitration and the court finally resolving the matter directs otherwise: (i) Costs of the arbitration, including compensation for the arbitrator's services, must be borne equally by the parties participating in the arbitration, with the details of those costs and fees to be set forth in an arbitration agreement between the arbitrator and all parties to the matter; and (ii) A party shall bear its own costs and expenses, including legal fees and witness expenses, in connection with the arbitration proceeding. (f) The arbitrator and the parties shall execute a written agreement setting forth the terms of the arbitration and the process to be followed. This agreement must also contain the fee agreement provided in (d) of this subsection. A dispute as to this agreement must be resolved by the director of arbitration. (g) The rules of evidence and discovery applicable to civil causes of action before the superior court as defined in RCW 11.96A.290 apply, unless the parties have agreed otherwise or the arbitrator rules otherwise. (6) Costs of arbitration. The arbitrator may order costs, including reasonable attorneys' fees and expert witness fees, to be paid by any party to the proceedings as justice may require. (7) Decision of arbitrator. The arbitrator shall issue a final decision in writing within thirty days of the conclusion of the final arbitration hearing. Promptly after the issuance of the decision, the arbitrator shall serve each of the parties to the proceedings with a copy of the written arbitration decision. Proof of service shall be filed with the court. Service shall be made in conformity with CR 5(b) of the rules for superior court. (8) Arbitration decision may be filed with the court. The arbitrator or any party to the arbitration may file the arbitrator's decision with the clerk of the superior court at any time after its issuance. Notice of such filing shall be promptly given to each party to the arbitration proceedings. (9) Appeal. (a) The final decision of the arbitrator may be appealed by filing a notice of appeal with the superior court requesting a trial de novo on all issues of law and fact. The notice of appeal must be filed within thirty days after the date on which the decision was served on the party filing the notice of appeal. A trial de novo shall then be held, including a right to jury, if demanded. (b) If an appeal is not filed within the time provided in (a) of this subsection, the arbitration decision is conclusive and binding on all parties. If the arbitrator's decision has been filed with the clerk of the superior court, a judgment shall be entered and may be presented to the court by any party on ten days' prior notice. The judgment when entered shall have the same force and effect as judgments in civil actions. (10) Costs on appeal of arbitration decision. The prevailing party in any such de novo superior court decision after an arbitration result must be awarded costs, including expert witness fees and attorneys' fees, in connection with the judicial resolution of the matter. Such costs shall be charged against the nonprevailing parties in such amount and in such manner as the court determines to be equitable. The provisions of this subsection take precedence over the provisions of RCW 11.96A.150 or any other similar provision.
RCW 11.80.080 — Washington Code / Title 11 / Chapter 80 / Section 080
RCW 11.80.080: Provisional distribution—Notice of hearing—Will.
Status: in_force

Whenever the owner of such property shall have been absent from the county for the space of five years and his or her whereabouts are unknown and cannot with reasonable diligence be ascertained, his or her presumptive heirs at law may apply to the court for an order of provisional distribution of such property, and to be let into provisional possession thereof: PROVIDED, That such provisional distribution may be made at any time prior to the expiration of five years, when it shall be made to appear to the satisfaction of the court that there are strong presumptions that the absentee is dead; and in determining the question of presumptive death, the court shall take into consideration the habits of the absentee, the motives of and the circumstances surrounding the absence, and the reasons which may have prevented the absentee from being heard of. Notice of hearing upon application for provisional distribution shall be published in like manner as notices for the appointment of trustees are published. If the absentee left a will in the possession of any person such person shall present such will at the time of hearing of the application for provisional distribution and if it shall be made to appear to the court that the absentee has left a will and the person in possession thereof shall fail to present it, a citation shall issue requiring him or her so to do, and such will shall be opened, read, proven, filed, and recorded in the case, as are the wills of decedents.
RCW 11.100.090 — Washington Code / Title 11 / Chapter 100 / Section 090
RCW 11.100.090: Dealings with self or affiliate.
Status: in_force

Unless the instrument creating the trust expressly provides to the contrary and except as authorized in RCW 11.98.078 , any fiduciary in carrying out the obligations of the trust, may not buy or sell investments from or to himself, herself, or itself or any affiliated or subsidiary company or association. This section shall not be construed as prohibiting the trustee's powers under RCW 11.98.070 (12).
RCW 11.130.230 — Washington Code / Title 11 / Chapter 130 / Section 230
RCW 11.130.230: Duties of guardian for minor.
Status: in_force

(1) A guardian for a minor is a fiduciary. Except as otherwise limited by the court, a guardian for a minor has the duties and responsibilities of a parent regarding the minor's support, care, education, health, safety, and welfare. A guardian shall act in the minor's best interest and exercise reasonable care, diligence, and prudence. (2) A guardian for a minor shall: (a) Be personally acquainted with the minor and maintain sufficient contact with the minor to know the minor's abilities, limitations, needs, opportunities, and physical and mental health; (b) Take reasonable care of the minor's personal effects and bring a proceeding for a conservatorship or protective arrangement instead of conservatorship if necessary to protect other property of the minor; (c) Expend funds of the minor which have been received by the guardian for the minor's current needs for support, care, education, health, safety, and welfare; (d) Conserve any funds of the minor not expended under (c) of this subsection for the minor's future needs, but if a conservator is appointed for the minor, pay the funds at least quarterly to the conservator to be conserved for the minor's future needs; (e) Report the condition of the minor and account for funds and other property of the minor in the guardian's possession or subject to the guardian's control, if ordered by the court on its own motion or on application of a person interested in the minor's welfare; (f) Inform the court of any change in the minor's dwelling or address; and (g) In determining what is in the minor's best interest, take into account the minor's preferences to the extent actually known or reasonably ascertainable by the guardian.
RCW 11.96A.090 — Washington Code / Title 11 / Chapter 96A / Section 090
RCW 11.96A.090: Judicial proceedings.
Status: in_force

(1) A judicial proceeding under this title is a special proceeding under the civil rules of court. The provisions of this title governing such actions control over any inconsistent provision of the civil rules. (2) A judicial proceeding under this title must be commenced as a new action. (3) Once commenced, the action may be consolidated with an existing proceeding upon the motion of a party for good cause shown, or by the court on its own motion. (4) The procedural rules of court apply to judicial proceedings under this title only to the extent that they are consistent with this title, unless otherwise provided by statute or ordered by the court under RCW 11.96A.020 or 11.96A.050 , or other applicable rules of court.
RCW 11.04.081 — Washington Code / Title 11 / Chapter 04 / Section 081
RCW 11.04.081: Inheritance by and from any child not dependent upon marriage of parents.
Status: in_force

For the purpose of inheritance to, through, and from any child, the effects and treatment of the parent-child relationship shall not depend upon whether or not the parents have been married.
RCW 11.90.250 — Washington Code / Title 11 / Chapter 90 / Section 250
RCW 11.90.250: In-state court declining jurisdiction.
Status: in_force

(1) A court of this state having jurisdiction under RCW 11.90.220 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (2) If a court of this state declines to exercise its jurisdiction under subsection (1) of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state. (3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including: (a) Any expressed preference of the respondent; (b) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation; (c) The length of time the respondent was physically present in or was a legal resident of this or another state; (d) The distance of the respondent from the court in each state; (e) The financial circumstances of the respondent's estate; (f) The nature and location of the evidence; (g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence; (h) The familiarity of the court of each state with the facts and issues in the proceeding; and (i) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
RCW 11.98.029 — Washington Code / Title 11 / Chapter 98 / Section 029
RCW 11.98.029: Resignation of trustee.
Status: in_force

Any trustee may resign, without judicial proceedings, by a writing signed by the trustee and filed with the trust records, to be effective upon the trustee's discharge as provided in RCW 11.98.041 .
RCW 11.42.150 — Washington Code / Title 11 / Chapter 42 / Section 150
RCW 11.42.150: Appointment of personal representative—Cessation of notice agent powers and authority—Notice not affected—Personal representative's powers—Petition for reimbursement for allowance and payment of claims by notice agent.
Status: in_force

(1) The powers and authority of a notice agent immediately cease, and the office of notice agent becomes vacant, upon appointment of a personal representative for the estate of the decedent. Except as provided in RCW 11.42.140 (2), the cessation of the powers and authority does not affect the filing and publication of notice to creditors and does not affect actual notice to creditors given by the notice agent. (2) As set forth in RCW 11.40.160 , a personal representative may adopt, ratify, nullify, or reject any actions of the notice agent. (3) If a personal representative is appointed and the personal representative does not nullify the allowance of a claim that the notice agent allowed and paid, the person or persons whose assets were used to pay the claim may petition for reimbursement from the estate to the extent the payment was not in accordance with chapter 11.10 RCW.
RCW 11.130.650 — Washington Code / Title 11 / Chapter 130 / Section 650
RCW 11.130.650: Petition for guardianship, conservatorship, or protective arrangement.
Status: in_force

This form may be used to petition for: Guardianship for an adult; Conservatorship for an adult or minor; A protective arrangement instead of guardianship for an adult; or A protective arrangement instead of conservatorship for an adult or minor. Petition for Guardianship, Conservatorship, or Protective Arrangement State of:. . . . County of:. . . . Name and address of attorney representing petitioner, if applicable:. . . . . . . . . . . . Note to petitioner: This form can be used to petition for a guardian, conservator, or both, or for a protective arrangement instead of either a guardianship or conservatorship. This form should not be used to petition for guardianship for a minor. The court may appoint a guardian or order a protective arrangement instead of guardianship for an adult if the adult lacks the ability to meet essential requirements for physical health, safety, or self-care because (1) the adult is unable to receive and evaluate information or make or communicate decisions even with the use of supportive services, technological assistance, and supported decision making, and (2) the adult's identified needs cannot be met by a less restrictive alternative. The court may appoint a conservator or order a protective arrangement instead of conservatorship for an adult if (1) the adult is unable to manage property and financial affairs because of a limitation in the ability to receive and evaluate information or make or communicate decisions even with the use of supportive services, technological assistance, and supported decision making or the adult is missing, detained, or unable to return to the United States, and (2) appointment is necessary to avoid harm to the adult or significant dissipation of the property of the adult, or to obtain or provide funds or other property needed for the support, care, education, health, or welfare of the adult, or of an individual who is entitled to the adult's support, and protection is necessary or desirable to provide funds or other property for that purpose. The court may appoint a conservator or order a protective arrangement instead of conservatorship for a minor if: (1) The minor owns funds or other property requiring management or protection that cannot otherwise be provided; or (2) it would be in the minor's best interests, and the minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor's age, or appointment is necessary or desirable to provide funds or other property needed for the support, care, education, health, or welfare of the minor. The court may also order a protective arrangement instead of conservatorship that restricts access to an individual or an individual's property by a person that the court finds: (1) Through fraud, coercion, duress, or the use of deception and control, caused, or attempted to cause, an action that would have resulted in financial harm to the individual or the individual's property; and (2) poses a serious risk of substantial financial harm to the individual or the individual's property. (1) Information about the person filing this petition (the petitioner.) (a) Name:. . . . (b) Principal residence:. . . . (c) Current street address (if different):. . . . (d) Relationship to respondent:. . . . (e) Interest in this petition:. . . . (f) Telephone number (optional):. . . . (g) Email address (optional):. . . . (2) Information about the individual alleged to need protection (the "respondent"). Provide the following information to the extent known. (a) Name:. . . . (b) Age:. . . . (c) Principal residence:. . . . (d) Current street address (if different):. . . . (e) If petitioner anticipates respondent moving, or seeks to move respondent, proposed new address:. . . . (f) Does respondent need an interpreter, translator, or other form of support to communicate with the court or understand court proceedings? If so, please explain:. . . . . . . . (g) Telephone number (optional):. . . . (h) Email address (optional):. . . . (3) People who are required to be notified of this petition. State the name and address of the people listed in Appendix A. . . . . . . . . (4) Existing agents. State the name and address of any person appointed as an agent under a power of attorney for finances or power of attorney for health care, or who has been appointed as the individual's representative for payment of benefits. . . . . . . . . (5) Action requested. State whether petitioner is seeking appointment of a guardian, a conservator, or a protective arrangement instead of an appointment. . . . . . . . . (6) Order requested or appointment requested. If seeking a protective arrangement instead of a guardianship or conservatorship, state the transaction or other action you want the court to order. If seeking appointment of a guardian or conservator, state the powers petitioner requests the court grant to a guardian or conservator. . . . . . . . . (7) State why the appointment or protective arrangement sought is necessary. Include a description of the nature and extent of respondent's alleged need. . . . . . . . . (8) State all less restrictive alternatives to meeting respondent's alleged need that have been considered or implemented. Less restrictive alternatives could include supported decision making, technological assistance, or the appointment of an agent by respondent including appointment under a power of attorney for health care or power of attorney for finances. If no alternative has been considered or implemented, state the reason why not. . . . . . . . . (9) Explain why less restrictive alternatives will not meet respondent's alleged need. . . . . . . . . (10) Provide a general statement of respondent's property and an estimate of its value. Include any real property such as a house or land, insurance or pension, and the source and amount of any other anticipated income or receipts. As part of this statement, indicate, if known, how the property is titled (for example, is it jointly owned?). . . . . . . . . (11) For a petition seeking appointment of a conservator. (Skip this section if not asking for appointment of a conservator.) (a) If seeking appointment of a conservator with all powers permissible under this state's law, explain why appointment of a conservator with fewer powers (i.e., a "limited conservatorship") or other protective arrangement instead of conservatorship will not meet the individual's alleged needs. . . . . . . . . (b) If seeking a limited conservatorship, state the property petitioner requests be placed under the conservator's control and any proposed limitation on the conservator's powers and duties. . . . . . . . . (c) State the name and address of any proposed conservator and the reason the proposed conservator should be selected. . . . . . . . . (d) If respondent is twelve years of age or older, state the name and address of any person respondent nominates as conservator. . . . . . . . . (e) If alleging a limitation in respondent's ability to receive and evaluate information, provide a brief description of the nature and extent of respondent's alleged limitation. . . . . . . . . (f) If alleging that respondent is missing, detained, or unable to return to the United States, state the relevant circumstances, including the time and nature of the disappearance or detention and a description of any search or inquiry concerning respondent's whereabouts. . . . . . . . . (12) For a petition seeking appointment of a guardian. (Skip this section if not asking for appointment of a guardian.) (a) If seeking appointment of a guardian with all powers permissible under this state's law, explain why appointment of a guardian with fewer powers (i.e., a "limited guardianship") or other protective arrangement instead of guardianship will not meet the individual's alleged needs. . . . . . . . . (b) If seeking a limited guardianship, state the powers petitioner requests be granted to the guardian. . . . . . . . . (c) State the name and address of any proposed guardian and the reason the proposed guardian should be selected. . . . . . . . . (d) State the name and address of any person nominated as guardian by respondent, or, in a will or other signed writing or other record, by respondent's parent or spouse or domestic partner. . . . . . . . . (13) Attorney. If petitioner, respondent, or, if respondent is a minor, respondent's parent is represented by an attorney in this matter, state the name, telephone number, email address, and address of the attorney(s). . . . . . . . . SIGNATURE . . . . . . . . . . Signature of Petitioner Date . . . . . . . . . . Signature of Petitioner's Attorney if Date Petitioner is Represented by Counsel APPENDIX A: People whose name and address must be listed in subsection (3) of this petition, if they are not the petitioner. Respondent's spouse or domestic partner, or if respondent has none, any adult with whom respondent has shared household responsibilities in the past six months; Respondent's adult children, or, if respondent has none, respondent's parents and adult siblings, or if respondent has none, one or more adults nearest in kinship to respondent who can be found with reasonable diligence; Respondent's adult stepchildren whom respondent actively parented during the stepchildren's minor years and with whom respondent had an ongoing relationship within two years of this petition; Any person responsible for the care or custody of respondent; Any attorney currently representing respondent; Any representative payee for respondent appointed by the social security administration; Any current guardian or conservator for respondent appointed in this state or another jurisdiction; Any trustee or custodian of a trust or custodianship of which respondent is a beneficiary; Any veterans administration fiduciary for respondent; Any person respondent has designated as agent under a power of attorney for finances; Any person respondent has designated as agent under a power of attorney for health care; Any person known to have routinely assisted the individual with decision making in the previous six months; Any person respondent nominates as guardian or conservator; and Any person nominated as guardian by respondent's parent or spouse or domestic partner in a will or other signed writing or other record.
RCW 11.08.240 — Washington Code / Title 11 / Chapter 08 / Section 240
RCW 11.08.240: Limitation on filing claim.
Status: in_force

Any claimant to escheated funds or real property shall have seven years from the date of issuance of letters testamentary or of administration within which to file his or her claim. Such claim shall be filed with the court having original jurisdiction of the estate, and a copy thereof served upon the department of revenue, together with twenty days notice of the hearing thereon.
RCW 11.108.010 — Washington Code / Title 11 / Chapter 108 / Section 010
RCW 11.108.010: Definitions.
Status: in_force

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) The term "pecuniary bequest" means a gift in a governing instrument which either is expressly stated as a fixed dollar amount or is a gift of a dollar amount determinable by the governing instrument, and a gift expressed in terms of a "sum" or an "amount," unless the context dictates otherwise, is a gift of a dollar amount. (2) As the context might require, the term "marital deduction" means either the federal or state estate tax deduction or the federal gift tax deduction allowed for transfers to spouses under the Internal Revenue Code or applicable state law. (3) The term "maximum marital deduction" means the maximum amount qualifying for the marital deduction. (4) The term "marital deduction gift" means a gift intended to qualify for the marital deduction as indicated by a preponderance of the evidence including the governing instrument and extrinsic evidence whether or not the governing instrument is found to be ambiguous. (5) The term "governing instrument" includes, but is not limited to: Will and codicils; revocable trusts and amendments or addenda to revocable trusts; irrevocable trusts; beneficiary designations under life insurance policies, annuities, employee benefit plans, and individual retirement accounts; payable-on-death, trust, or joint with right of survivorship bank or brokerage accounts; transfer on death designations or transfer on death or pay on death securities; and documents exercising powers of appointment. (6) The term "fiduciary" means trustee or personal representative. Reference to a fiduciary in the singular includes the plural where the context requires. (7) The term "gift" refers to all gifts, legacies, devises, and bequests made in a governing instrument, whether outright or in trust, and whether made during the life of the transferor or as a result of the transferor's death. (8) The term "transferor" means the testator, donor, grantor, or other person making a gift. (9) The term "spouse" includes the transferor's surviving spouse in the case of a deceased transferor.
RCW 11.140.030 — Washington Code / Title 11 / Chapter 140 / Section 030
RCW 11.140.030: Custodial trustee for future payment or transfer.
Status: in_force

(1) A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act." (2) Persons may be designated as substitute or successor custodial trustees to whom the property must be paid or transferred in the order named if the first designated custodial trustee is unable or unwilling to serve. (3) A designation under this section may be made in a will, a trust, a deed, a multiple-party account, an insurance policy, an instrument exercising a power of appointment, or a writing designating a beneficiary of contractual rights. Otherwise, to be effective, the designation must be registered with or delivered to the fiduciary, payor, issuer, or obligor of the future right.
RCW 11.130.035 — Washington Code / Title 11 / Chapter 130 / Section 035
RCW 11.130.035: Practice in court.
Status: in_force

(1) Except as otherwise provided in this chapter, the rules of evidence and civil procedure, including rules concerning appellate review, govern a proceeding under this chapter. (2) If proceedings for a guardianship, conservatorship, or protective arrangement under Article 5 of this chapter for the same individual are commenced or pending in the same court, the proceedings may be consolidated. (3) An adult respondent may demand a jury trial in a proceeding under this chapter on the issue of whether a basis exists for the appointment of a guardian under RCW 11.130.265 or a conservator under RCW 11.130.360 (2) and on the rights to be retained or restricted if a guardian or conservator is appointed. (4) Upon the motion of the respondent or the court visitor, prior to the appointment of a guardian or a conservator or the establishment of a protective arrangement for an adult, or upon the motion of the respondent, guardian, conservator, or any notice party subsequent to such appointment, whenever it appears that the adult respondent could benefit from mediation, the court may require the petitioner, adult respondent, guardian, conservator, and any notice party to participate in mediation pursuant to RCW 11.96A.300 .
RCW 11.125.140 — Washington Code / Title 11 / Chapter 125 / Section 140
RCW 11.125.140: Agents—Duties—Liability—Disclosures.
Status: in_force

(1) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (a) Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; (b) Act in good faith; and (c) Act only within the scope of authority granted in the power of attorney. (2) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall: (a) Act loyally for the principal's benefit; (b) Act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest; (c) Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances; (d) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal; (e) Cooperate with a person that has authority to make health care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest; and (f) Attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest based on all relevant factors, including: (i) The value and nature of the principal's property; (ii) The principal's foreseeable obligations and need for maintenance; (iii) Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and (iv) Eligibility for a benefit, a program, or assistance under a statute or rule. (3) An agent that acts in good faith is not liable to any beneficiary of the principal's estate plan for failure to preserve the plan. (4) An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal. (5) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent's representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances. (6) Absent a breach of duty to the principal, an agent is not liable if the value of the principal's property declines. (7) An agent that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person, provided however that the agent shall not be relieved of liability for such person's discretionary acts, that, if done by the agent, would result in liability to the agent. (8) Unless RCW 11.125.110 (1) applies, an agent may only delegate authority to another person if expressly authorized to do so in the power of attorney and may delegate some, but not all, of the authority granted by the principal. An agent that exercises authority to delegate to another person the authority granted by the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person, provided however that the agent shall not be relieved of liability for such person's discretionary acts, that, if done by the agent, would result in liability to the agent. (9) Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested in writing by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal's estate. Such request by a guardian, conservator, or another fiduciary acting for the principal must be limited to information reasonably related to that guardian, conservator, or fiduciary's duties. If so requested, within thirty days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional thirty days.
RCW 11.98B.080 — Washington Code / Title 11 / Chapter 98B / Section 080
RCW 11.98B.080: Directed trustee—Duties and liability.
Status: in_force

(1) Subject to subsection (2) of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under RCW 11.98B.050 (2)(a), and the trustee is not liable for the action. (2) A directed trustee must not comply with a trust director's exercise or nonexercise of a power of direction or further power under RCW 11.98B.050 (2)(a) to the extent that by complying the trustee would engage in willful misconduct. (3) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if: (a) The breach involved the trustee's or other director's willful misconduct; (b) The release was induced by improper conduct of the trustee or other director in procuring the release; or (c) At the time of the release, the director did not know the material facts relating to the breach. (4) A directed trustee that has reasonable doubt about its duty under this section may petition the superior court for instructions in the county where venue lies for the trust under RCW 11.96A.050 . (5) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.
RCW 11.12.250 — Washington Code / Title 11 / Chapter 12 / Section 250
RCW 11.12.250: Gift to trust.
Status: reserved

A gift may be made by a will to a trustee of a trust executed by any trustor or testator (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts) if (1) the trust is identified in the testator's will and (2) its terms are evidenced either (a) in a written instrument other than a will, executed by the trustor prior to or concurrently with the execution of the testator's will or (b) in the will of a person who has predeceased the testator, regardless of when executed. The existence, size, or character of the corpus of the trust is immaterial to the validity of the gift. Such gift shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the testator's will or after the testator's death. Unless the will provides otherwise, the property so given shall not be deemed to be held under a testamentary trust of the testator but shall become a part of the trust to which it is given to be administered and disposed of in accordance with the terms of the instrument establishing the trust, including any amendments, made prior to the death of the testator, and regardless of whether made before or after the execution of the will. Unless the will provides otherwise, an express revocation of the trust prior to the testator's death invalidates the gift. Any termination of the trust other than by express revocation does not invalidate the gift. For purposes of this section, the term "gift" includes the exercise of any testamentary power of appointment.
RCW 11.68.090 — Washington Code / Title 11 / Chapter 68 / Section 090
RCW 11.68.090: Nonintervention powers—Powers, duties, restrictions, and liabilities—Effect of will provisions.
Status: in_force

(1) Except as otherwise provided in this chapter, a personal representative with nonintervention powers has: (a) All powers that are granted by common law or statute to a personal representative without nonintervention powers or that a court supervising the settlement and administration of a decedent's estate may grant to a personal representative without nonintervention powers; (b) The power to borrow money on the general credit of the estate; (c) The power to mortgage, encumber, lease, sell, exchange, convey, assign, and otherwise transfer the decedent's real and personal property; (d) The power to perform the decedent's contracts; (e) The power to determine the persons entitled to the estate; to partition property, sell property, and/or distribute property pro rata or nonpro rata, and otherwise to administer and settle the decedent's estate; (f) The powers, privileges, and limitations of liability of a trustee under chapters 11.98 , 11.100, and 11.102 RCW and under the principles of equity with regard to the assets of the estate, both real and personal; (g) Any further power appropriate to the exercise or nonexercise of a power granted under this subsection (1); and (h) The right and authority to exercise the powers under this subsection (1) without an order of the court and without notice to, direction from, approval by, confirmation by, or intervention of any court. (2) Except as otherwise provided in this chapter, a personal representative with nonintervention powers has the same duties, restrictions, and liabilities as a personal representative without nonintervention powers and shall act for the benefit of all persons interested in the estate, as defined in RCW 11.96A.030 (6) relative to a decedent's estate, except that: (a) A personal representative with nonintervention powers may act without an order of the court and without notice to, direction from, approval by, confirmation by, or intervention of any court; (b) A personal representative with nonintervention powers has no duty to follow the procedures of RCW 11.76.010 through 11.76.080 or chapter 11.56 RCW; and (c) A personal representative with nonintervention powers must exercise a discretionary power in good faith, with honest judgment, and in accordance with the terms and purposes of the probated will and the interests of the beneficiaries. (3) Except as provided in subsection (4) of this section, a testator may by will: (a) Add to, alter, or deny any or all of the powers and privileges conferred upon the personal representative with nonintervention powers to administer and settle the testator's estate by common law, statute, or the principles of equity; and (b) Add to, alter, or remove any or all of the duties, restrictions, or liabilities imposed on a personal representative with nonintervention powers relative to the administration and settlement of the testator's estate by common law, statute, or the principles of equity. (4) No testamentary provisions may limit the effect of RCW 6.32.250 , 11.20.080 , 11.48.010 , 11.48.020 (although without the necessity of any order of a court), 11.48.030 , 11.48.140 ,11.68.065, 11.68.070 , 11.68.080 , 11.68.090 , 11.76.110 , 11.76.150 , 11.76.160 , 11.76.170 , or 11.96A.190 , or of chapters 11.36 , 11.44, 11.54, and 11.108 RCW or any other laws that preserve a marital deduction from estate taxes; and in no event may a personal representative with nonintervention powers be relieved of the duty to act in good faith, with honest judgment, and in accordance with the terms and purposes of the probated will and the interests of the beneficiaries. (5) The common law and the principles of equity supplement this chapter.
RCW 11.130.215 — Washington Code / Title 11 / Chapter 130 / Section 215
RCW 11.130.215: Order of appointment—Priority of nominee—Limited guardianship for minor.
Status: in_force

(1) After a hearing under RCW 11.130.195 , the court may appoint a guardian for a minor, if appointment is proper under RCW 11.130.185 , dismiss the proceeding, or take other appropriate action consistent with this chapter or law of this state other than this chapter. (2) In appointing a guardian under subsection (1) of this section, the following rules apply: (a) The court shall appoint a person nominated as guardian by a parent of the minor in a probated will or other record unless the court finds the appointment is contrary to the best interest of the minor. Any "other record" must be a declaration or other sworn document and may include a power of attorney or other sworn statement as to the care, custody, or control of the minor child. (b) If multiple parents have nominated different persons to serve as guardian, the court shall appoint the nominee whose appointment is in the best interest of the minor, unless the court finds that appointment of none of the nominees is in the best interest of the minor. (c) If a guardian is not appointed under (a) or (b) of this subsection, the court shall appoint the person nominated by the minor if the minor is twelve years of age or older unless the court finds that appointment is contrary to the best interest of the minor. In that case, the court shall appoint as guardian a person whose appointment is in the best interest of the minor. (3) In the interest of maintaining or encouraging involvement by a minor's parent in the minor's life, developing self-reliance of the minor, or for other good cause, the court, at the time of appointment of a guardian for the minor or later, on its own or on motion of the minor or other interested person, may create a limited guardianship by limiting the powers otherwise granted by this article to the guardian. Following the same procedure, the court may grant additional powers or withdraw powers previously granted. (4) The court, as part of an order appointing a guardian for a minor, shall state rights retained by any parent of the minor, which shall preserve the parent-child relationship through an order for parent-child visitation and other contact, unless the court finds the relationship should be limited or restricted under RCW 26.09.191 or 26.09.192 ; and which may include decision making regarding the minor's health care, education, or other matter, or access to a record regarding the minor. (5) An order granting a guardianship for a minor must state that each parent of the minor is entitled to notice that: (a) The guardian has delegated custody of the minor subject to guardianship; (b) The court has modified or limited the powers of the guardian; or (c) The court has removed the guardian. (6) An order granting a guardianship for a minor must identify any person in addition to a parent of the minor which is entitled to notice of the events listed in subsection (5) of this section. (7) An order granting guardianship for a minor must direct the clerk of the court to issue letters of office to the guardian containing an expiration date which should be the minor's eighteenth birthday.
RCW 11.125.360 — Washington Code / Title 11 / Chapter 125 / Section 360
RCW 11.125.360: Agent authority—Government program and civil and military service benefits.
Status: in_force

(1) In this section, "benefits from governmental programs or civil or military service" means any benefit, program or assistance provided under a statute or regulation including social security, medicare, and medicaid. (2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to: (a) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in RCW 11.125.350 (1)(a), and for shipment of their household effects; (b) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose; (c) Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program; (d) Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation; (e) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and (f) Receive the financial proceeds of a claim described in (d) of this subsection and conserve, invest, disburse, or use for a lawful purpose anything so received.
RCW 11.28.300 — Washington Code / Title 11 / Chapter 28 / Section 300
RCW 11.28.300: Proceedings against delinquent personal representative.
Status: in_force

The succeeding administrator, or remaining personal representative may proceed by law against any delinquent former personal representative, or his or her personal representatives, or the sureties of either, or against any other person possessed of any part of the estate.
RCW 11.76.080 — Washington Code / Title 11 / Chapter 76 / Section 080
RCW 11.76.080: Representation of incapacitated person by guardian ad litem—Exception.
Status: in_force

If there be any alleged incapacitated person interested in the estate who has no legally appointed conservator or limited conservator under RCW 11.130.360 , the court: (1) At any stage of the proceeding in its discretion and for such purpose or purposes as it shall indicate, may appoint; and (2) For hearings held under RCW 11.54.010 , 11.68.041 , 11.68.100 , and 11.76.050 or for entry of an order adjudicating testacy or intestacy and heirship when no personal representative is appointed to administer the estate of the decedent, shall appoint some disinterested person as guardian ad litem to represent the allegedly incapacitated person with reference to any petition, proceeding report, or adjudication of testacy or intestacy without the appointment of a personal representative to administer the estate of decedent in which the alleged incapacitated person may have an interest, who, on behalf of the alleged incapacitated person, may contest the same as any other person interested might contest it, and who shall be allowed by the court reasonable compensation for his or her services: PROVIDED, HOWEVER, That where a surviving spouse or surviving domestic partner is the sole beneficiary under the terms of a will, the court may grant a motion by the personal representative to waive the appointment of a guardian ad litem for a person who is the minor child of the surviving spouse or surviving domestic partner and the decedent and who is incapacitated solely for the reason of his or her being under eighteen years of age.
RCW 11.130.545 — Washington Code / Title 11 / Chapter 130 / Section 545
RCW 11.130.545: Protection of person dealing with conservator.
Status: in_force

(1) A person that assists or deals with a conservator in good faith and for value in any transaction, other than a transaction requiring a court order under RCW 11.130.435 , is protected as though the conservator properly exercised any power in question. Knowledge by a person that the person is dealing with a conservator alone does not require the person to inquire into the existence of authority of the conservator or the propriety of the conservator's exercise of authority, but restrictions on authority stated in letters of office, or otherwise provided by law, are effective as to the person. A person that pays or delivers property to a conservator is not responsible for proper application of the property. (2) Protection under subsection (1) of this section extends to a procedural irregularity or jurisdictional defect in the proceeding leading to the issuance of letters of office and does not substitute for protection for a person that assists or deals with a conservator provided by comparable provisions in law of this state other than this chapter relating to a commercial transaction or simplifying a transfer of securities by a fiduciary.
RCW 11.08.150 — Washington Code / Title 11 / Chapter 08 / Section 150
RCW 11.08.150: Title to property vests in state at death of owner.
Status: in_force

Title to escheat property, which shall include any intangible personalty, shall vest in the state at the death of the owner thereof.
RCW 11.98.930 — Washington Code / Title 11 / Chapter 98 / Section 930
RCW 11.98.930: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
Status: in_force

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
RCW 11.130.605 — Washington Code / Title 11 / Chapter 130 / Section 605
RCW 11.130.605: Appointment and role of court visitor.
Status: in_force

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

(1) On filing of a petition under RCW 11.130.580 for a protective arrangement instead of guardianship, the court shall appoint a court visitor. The court visitor must be an individual with training or experience in the type of abilities, limitations, and needs alleged in the petition. (2) On filing of a petition under RCW 11.130.580 for a protective arrangement instead of conservatorship for a minor, the court may appoint a court visitor to investigate a matter related to the petition or inform the minor or a parent of the minor about the petition or a related matter. (3) On filing of a petition under RCW 11.130.580 or a protective arrangement instead of conservatorship for an adult, the court shall appoint a court visitor unless the respondent is represented by an attorney appointed by the court. The court visitor must be an individual with training or experience in the types of abilities, limitations, and needs alleged in the petition. (4) The court, in the order appointing a court visitor, shall specify the hourly rate the court visitor may charge for his or her services, and shall specify the maximum amount the court visitor may charge without additional court review and approval. The fee shall be charged to the person subject to a guardianship, conservatorship, or other protective arrangement proceeding unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That the court may charge such fee to the petitioner, the person subject to a guardianship or conservatorship proceeding, or any person who has appeared in the action; or may allocate the fee, as it deems just. If the petition is found to be frivolous or not brought in good faith, the court visitor fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency. (5)(a) The court visitor appointed under subsection (1) or (3) of this section shall within five days of receipt of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, the respondent or his or her legal counsel, the petitioner or his or her legal counsel, and any interested party entitled to notice under RCW 11.130.080 with a statement including: His or her training relating to the duties as a court visitor; his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment; his or her hourly rate, if compensated; whether the court visitor has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest. Within three days of the later of the actual service or filing of the court visitor's statement, any party may set a hearing and file and serve a motion for an order to show cause why the court visitor should not be removed for one of the following three reasons: (i) Lack of expertise necessary for the proceeding; (ii) An hourly rate higher than what is reasonable for the particular proceeding; or (iii) A conflict of interest. (b) Notice of the hearing shall be provided to the court visitor and all parties. If, after a hearing, the court enters an order replacing the court visitor, findings shall be included, expressly stating the reasons for the removal. If the court visitor is not removed, the court has the authority to assess to the moving party attorneys' fees and costs related to the motion. The court shall assess attorneys' fees and costs for frivolous motions. (6) A court visitor appointed under subsection (1) or (3) of this section shall interview the respondent in person and in a manner the respondent is best able to understand: (a) Explain to the respondent the substance of the petition, the nature, purpose, and effect of the proceeding, and the respondent's rights at the hearing on the petition; (b) Determine the respondent's views with respect to the order sought; (c) Inform the respondent that all costs and expenses of the proceeding, including respondent's attorneys' fees, may be paid from the respondent's assets; (d) If the petitioner seeks an order related to the dwelling of the respondent, visit the respondent's present dwelling and any dwelling in which it is reasonably believed the respondent will live if the order is granted; (e) If a protective arrangement instead of guardianship is sought, obtain information from any physician or other person known to have treated, advised, or assessed the respondent's relevant physical or mental condition; (f) If a protective arrangement instead of conservatorship is sought, review financial records of the respondent, if relevant to the court visitor's recommendation under subsection (7)(b) of this section; and (g) Investigate the allegations in the petition and any other matter relating to the petition the court directs. (7) A court visitor under subsection (1), (2), or (3) of this section promptly shall file a report in a record with the court and provide a copy of the report to the respondent, petitioner, and any interested party entitled to notice under RCW 11.130.580 (1) through (3), at least fifteen days prior to the hearing on the petition filed under RCW 11.130.585 , 11.130.590 , or 11.130.595 , which must include: (a) To the extent relevant to the order sought, a summary of self-care, independent living tasks, and financial management tasks the respondent: (i) Can manage without assistance or with existing supports; (ii) Could manage with the assistance of appropriate supportive services, technological assistance, or supported decision making; and (iii) Cannot manage; (b) A recommendation regarding the appropriateness of the protective arrangement sought and whether a less restrictive alternative for meeting the respondent's needs is available; (c) If the petition seeks to change the physical location of the dwelling of the respondent, a statement whether the proposed dwelling meets the respondent's needs and whether the respondent has expressed a preference as to the respondent's dwelling; (d) A statement whether the respondent declined a professional evaluation under RCW 11.130.615 and what other information is available to determine the respondent's needs and abilities without the professional evaluation; (e) A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held; (f) A statement whether the respondent is able to participate in a hearing and which identifies any technology or other form of support that would enhance the respondent's ability to participate; and (g) Any other matter the court directs.
RCW 11.42.040 — Washington Code / Title 11 / Chapter 42 / Section 040
RCW 11.42.040: "Reasonably ascertainable" creditor—Definition—Reasonable diligence—Presumptions—Petition for order.
Status: in_force

(1) For purposes of RCW 11.42.050 , a "reasonably ascertainable" creditor of the decedent is one that the notice agent would discover upon exercise of reasonable diligence. The notice agent is deemed to have exercised reasonable diligence upon conducting a reasonable review of the decedent's correspondence, including correspondence received after the date of death, and financial records, including personal financial statements, loan documents, checkbooks, bank statements, and income tax returns, that are in the possession of or reasonably available to the notice agent. (2) If the notice agent conducts the review, the notice agent is presumed to have exercised reasonable diligence to ascertain creditors of the decedent and any creditor not ascertained in the review is presumed not reasonably ascertainable within the meaning of RCW 11.42.050 . These presumptions may be rebutted only by clear, cogent, and convincing evidence. (3) The notice agent may evidence the review and resulting presumption by filing with the court an affidavit regarding the facts referred to in this section. The notice agent may petition the court for an order declaring that the notice agent has made a review and that any creditors not known to the notice agent are not reasonably ascertainable. The petition must be filed under RCW 11.96A.080 , and the notice specified under RCW 11.96A.110 must also be given by publication.
RCW 11.140.150 — Washington Code / Title 11 / Chapter 140 / Section 150
RCW 11.140.150: Reporting and accounting by custodial trustee—Determination of liability of custodial trustee.
Status: in_force

(1) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property: (a) Once each year; (b) upon request at reasonable times by the beneficiary or the beneficiary's legal representative; (c) upon resignation or removal of the custodial trustee; and (d) upon termination of the custodial trust. The statements must be provided to the beneficiary or to the beneficiary's legal representative, if any. Upon termination of the beneficiary's interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered. (2) A beneficiary, the beneficiary's legal representative, an adult member of the beneficiary's family, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative. (3) A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee. (4) In an action or proceeding under this chapter or in any other proceeding, the court may require or permit the custodial trustee or the custodial trustee's legal representative to account. The custodial trustee or the custodial trustee's legal representative may petition the court for approval of final accounts. (5) If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property. (6) On petition of the custodial trustee or any person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.
RCW 11.12.091 — Washington Code / Title 11 / Chapter 12 / Section 091
RCW 11.12.091: Omitted child.
Status: in_force

(1) If a will fails to name or provide for a child of the decedent who is born or adopted by the decedent after the will's execution and who survives the decedent, referred to in this section as an "omitted child," the child 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 child has been named or provided for, the following rules apply: (a) A child identified in a will by name is considered named whether identified as a child or in any other manner. (b) A reference in a will to a class described as the children, descendants, or issue of the decedent who are born after the execution of the will, or words of similar import, constitutes a naming of a person who falls within the class. A reference to another class, such as a decedent's heirs or family, does not constitute such a naming. (c) A nominal interest in an estate does not constitute a provision for a child receiving the interest. (3) The omitted child must receive an amount equal in value to that which the child 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 various elements of the decedent's dispositive scheme, provisions for the omitted child outside the decedent's will, provisions for the decedent's other children under the will and otherwise, and provisions for the omitted child's other parent under the will and otherwise. (4) In satisfying a share provided by this section, the bequests made by the will abate as provided in chapter 11.10 RCW.
RCW 11.110.120 — Washington Code / Title 11 / Chapter 110 / Section 120
RCW 11.110.120: Proceedings to secure compliance and proper trust administration—Attorney general to be notified of judicial proceedings involving charitable trust—Powers and duties additional.
Status: in_force

The attorney general may institute appropriate proceedings to secure compliance with this chapter and to secure the proper administration of any trust or other relationship to which this chapter applies. He or she shall be notified of all judicial proceedings involving or affecting the charitable trust or its administration in which, at common law, he or she is a necessary or proper party as representative of the public beneficiaries. The notification shall be given as provided in RCW 11.96A.110 , but this notice requirement may be waived at the discretion of the attorney general. The powers and duties of the attorney general provided in this chapter are in addition to his or her existing powers and duties, and are not to be construed to limit or to restrict the exercise of the powers or the performance of the duties of the attorney general or of any prosecuting attorney which they may exercise or perform under any other provision of law. Except as provided herein, nothing in this chapter shall impair or restrict the jurisdiction of any court with respect to any of the matters covered by it.
RCW 11.104B.001 — Washington Code / Title 11 / Chapter 104B / Section 001
RCW 11.104B.001: Short title.
Status: in_force

This chapter may be known and cited as the uniform fiduciary income and principal act.
RCW 11.68.070 — Washington Code / Title 11 / Chapter 68 / Section 070
RCW 11.68.070: Procedure when personal representative recreant to trust or subject to removal.
Status: in_force

(1)(a) A party, as defined in RCW 11.96A.030 , may petition the court under chapter 11.96A RCW for a determination that a personal representative: (i) Has breached a fiduciary duty; (ii) Has exceeded the personal representative's authority; (iii) Has abused the personal representative's discretion in exercising a power; (iv) Has otherwise failed to execute the trust faithfully; (v) Has violated a statute or common law affecting the estate; or (vi) Is subject to removal for a reason specified in RCW 11.28.250 . (b) The petition submitted under (a) of this subsection must allege facts in support of the claim and must be verified or be supported by an affidavit showing facts in support of the claim. (2) If the court finds that the personal representative has committed one or more of the acts listed in subsection (1)(a) of this section, the court may order such remedy in law or in equity as it deems appropriate. The remedy may include, but not be limited to, awarding money damages, surcharging the personal representative, directing the personal representative to take a specific action, restricting the powers of the personal representative, removing the personal representative and appointing a successor, and awarding fees and costs under RCW 11.96A.150 . If the court restricts the powers of the personal representative, it shall endorse the words "powers restricted" upon the original order granting the personal representative nonintervention powers and upon the letters testamentary or of administration together with the date of the endorsement.
RCW 11.104B.460 — Washington Code / Title 11 / Chapter 104B / Section 460
RCW 11.104B.460: Disbursements—Adjustment between income and principal because of taxes.
Status: in_force

(1) A fiduciary may make an adjustment between income and principal to offset the shifting of economic interests or tax benefits between current income beneficiaries and successor beneficiaries which arises from: (a) An election or decision the fiduciary makes regarding a tax matter, other than a decision to claim an income tax deduction to which subsection (2) of this section applies; (b) An income tax or other tax imposed on the fiduciary or a beneficiary as a result of a transaction involving the fiduciary or a distribution by the fiduciary; or (c) Ownership by the fiduciary of an interest in an entity a part of whose taxable income, whether or not distributed, is includable in the taxable income of the fiduciary or a beneficiary. (2) If the amount of an estate tax marital or charitable deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting it for estate tax purposes and, as a result, estate taxes paid from principal are increased and income taxes paid by the fiduciary or a beneficiary are decreased, the fiduciary shall charge each beneficiary that benefits from the decrease in income tax to reimburse the principal from which the increase in estate tax is paid. The total reimbursement must equal the increase in the estate tax, to the extent the principal used to pay the increase would have qualified for a marital or charitable deduction but for the payment. The share of the reimbursement for each fiduciary or beneficiary whose income taxes are reduced must be the same as its share of the total decrease in income tax. (3) A fiduciary that charges a beneficiary under subsection (2) of this section may offset the charge by obtaining payment from the beneficiary, withholding an amount from future distributions to the beneficiary, or adopting another method or combination of methods.
RCW 11.106.030 — Washington Code / Title 11 / Chapter 106 / Section 030
RCW 11.106.030: Intermediate and final accounts—Contents—Filing.
Status: in_force

In addition to the statement required by RCW 11.106.020 any such trustee or trustees whenever it or they so desire, may file in the superior court of the county in which the trustees or one of the trustees resides an intermediate account under oath showing: (1) The period covered by the account; (2) The total principal with which the trustee is chargeable according to the last preceding account or the inventory if there is no preceding account; (3) An itemized statement of all principal funds received and disbursed during such period; (4) An itemized statement of all income received and disbursed during such period, unless waived; (5) The balance of such principal and income remaining at the close of such period and how invested; (6) The names and addresses of all living beneficiaries, including contingent beneficiaries, of the trust, and a statement as to any such beneficiary known to be under legal disability; (7) A description of any possible unborn or unascertained beneficiary and his or her interest in the trust fund. After the time for termination of the trust has arrived, the trustee or trustees may also file a final account in similar manner.
RCW 11.95A.520 — Washington Code / Title 11 / Chapter 95A / Section 520
RCW 11.95A.520: Power to withdraw.
Status: in_force

(1) For purposes of RCW 11.95A.500 through 11.95A.530 , and except as otherwise provided in subsection (2) of this section, a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw. (2) On the lapse, release, or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in 26 U.S.C. Sec. 2041(b)(2) and 26 U.S.C. Sec. 2514(e) or the amount specified in 26 U.S.C. Sec. 2503(b), on January 1, 2022.
RCW 11.76.120 — Washington Code / Title 11 / Chapter 76 / Section 120
RCW 11.76.120: Limitation on preference to mortgage or judgment.
Status: in_force

The preference given in RCW 11.76.110 to a mortgage, deed of trust, perfected security interest, judgment lien, or other lien shall only extend to the proceeds of the property subject to the lien.
RCW 11.104B.510 — Washington Code / Title 11 / Chapter 104B / Section 510
RCW 11.104B.510: Death or termination of interest—Distribution to successor beneficiary.
Status: in_force

(1) Except to the extent Article 3 of this chapter applies for a beneficiary that is a trust, each beneficiary described in RCW 11.104B.500 (6) is entitled to receive a share of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to which this section applies, each beneficiary, including a beneficiary that does not receive part of the distribution, is entitled, as of each distribution date, to a share of the net income the fiduciary received after the decedent's death, an income interest's other terminating event, or the preceding distribution by the fiduciary. (2) In determining a beneficiary's share of net income under subsection (1) of this section, the following rules apply: (a) The beneficiary is entitled to receive a share of the net income equal to the beneficiary's fractional interest in the undistributed principal assets immediately before the distribution date. (b) The beneficiary's fractional interest under (a) of this subsection must be calculated: (i) On the aggregate value of the assets as of the distribution date without reducing the value by any unpaid principal obligation; and (ii) Without regard to: (A) Property specifically given to a beneficiary under the decedent's will or the terms of the trust; and (B) Property required to pay pecuniary amounts not in trust. (c) The distribution date under (a) of this subsection may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which the assets are distributed. (3) To the extent a fiduciary does not distribute under this section all the collected but undistributed net income to each beneficiary as of a distribution date, the fiduciary shall maintain records showing the interest of each beneficiary in the net income. (4) If this section applies to income from an asset, a fiduciary may apply the rules in this section to net gain or loss realized from the disposition of the asset after the decedent's death, an income interest's terminating event, or the preceding distribution by the fiduciary.
RCW 11.130.657 — Washington Code / Title 11 / Chapter 130 / Section 657
RCW 11.130.657: Notification of petition for guardianship or conservatorship.
Status: in_force

This form must be used to notify an adult respondent of the respondent's rights that could be restricted if a guardianship petition under RCW 11.130.270 or a conservatorship petition under RCW 11.130.365 is granted. IMPORTANT NOTICE PLEASE READ CAREFULLY A petition to have a guardian or conservator appointed for you has been filed in the . . . county superior court by . . .. If a guardian or conservator is appointed, you could lose one or more of the following rights: (1) To marry, divorce, or enter into or end a state registered domestic partnership; (2) To vote or hold an elected office; (3) To enter into a contract or make or revoke a will; (4) To appoint someone to act on your behalf; (5) To sue and be sued other than through a guardian; (6) To possess a license to drive; (7) To buy, sell, own, mortgage, or lease property; (8) To consent to or refuse medical treatment; (9) To decide who shall provide care and assistance; (10) To make decisions regarding social aspects of your life. Under the law, you have certain rights. You have the right to be represented by a lawyer of your own choosing. The court will appoint a lawyer to represent you if you are unable to pay or payment would result in a substantial hardship to you. You have the right to ask for a jury trial on the issue of capacity. You have the right to be present in court and testify when the hearing is held to decide whether or not you need a guardian or conservator. If a court visitor is appointed, you have the right to request the court to replace that person. You have the right to ask the court to establish a protective arrangement instead of a guardianship or conservatorship.
RCW 11.44.085 — Washington Code / Title 11 / Chapter 44 / Section 085
RCW 11.44.085: Claims against personal representative included.
Status: in_force

The naming or the appointment of any person as personal representative shall not operate as a discharge from any just claim which the testator or intestate had against the personal representative, but the claim shall be included in the inventory and appraisement and the personal representative shall be liable to the same extent as the personal representative would have been had he or she not been appointed personal representative.
RCW 11.140.140 — Washington Code / Title 11 / Chapter 140 / Section 140
RCW 11.140.140: Expenses, compensation, and bond of custodial trustee.
Status: in_force

Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee: (1) Is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services; (2) Has a noncumulative election, to be made no later than six months after the end of each calendar year, to charge a reasonable compensation for fiduciary services performed during that year; and (3) Need not furnish a bond or other security for the faithful performance of fiduciary duties.
RCW 11.104B.120 — Washington Code / Title 11 / Chapter 104B / Section 120
RCW 11.104B.120: Unitrusts—Authority of fiduciary.
Status: in_force

(1) A fiduciary, without court approval, by complying with subsections (2) and (6) of this section, may: (a) Convert an income trust to a unitrust if the fiduciary adopts in a record a unitrust policy for the trust providing: (i) That in administering the trust the net income of the trust will be a unitrust amount rather than net income determined without regard to this article; and (ii) The percentage and method used to calculate the unitrust amount; (b) Change the percentage or method used to calculate a unitrust amount for a unitrust if the fiduciary adopts in a record a unitrust policy or an amendment or replacement of a unitrust policy providing changes in the percentage or method used to calculate the unitrust amount; or (c) Convert a unitrust to an income trust if the fiduciary adopts in a record a determination that, in administering the trust, the net income of the trust will be net income determined without regard to this article rather than a unitrust amount. (2) A fiduciary may take an action under subsection (1) of this section if: (a) The fiduciary determines that the action will assist the fiduciary to administer a trust impartially; (b) The fiduciary sends a notice in a record, in the manner required by RCW 11.104B.130 , describing and proposing to take the action; (c) The fiduciary sends a copy of the notice under (b) of this subsection (2) to each settlor of the trust which is: (i) If an individual, living; or (ii) If not an individual, in existence; (d) At least one member of each class of beneficiaries receiving the notice under (b) of this subsection (2) is: (i) If an individual, legally competent; (ii) If not an individual, in existence; or (iii) Represented in the manner provided in RCW 11.104B.130 (2); and (e) The fiduciary does not receive, by the date specified in the notice under RCW 11.104B.130 (3)(f), an objection in a record to the action proposed under (b) of this subsection (2) from a person to which the notice under (b) of this subsection (2) is sent. (3) If a fiduciary receives, not later than the date stated in the notice under RCW 11.104B.130 (3)(e), an objection in a record described in RCW 11.104B.130 (3)(d) to a proposed action, the fiduciary or a beneficiary may request the court to have the proposed action taken as proposed, taken with modifications, or prevented. A person described in RCW 11.104B.130 (1) may oppose the proposed action in the proceeding under this subsection, whether or not the person: (a) Consented under RCW 11.104B.130 (2); or (b) Objected under RCW 11.104B.130 (3)(d). (4) If, after sending a notice under subsection (2)(b) of this section, a fiduciary decides not to take the action proposed in the notice, the fiduciary shall notify in a record each person described in RCW 11.104B.130 (1) of the decision not to take the action and the reasons for the decision. (5) If a beneficiary requests in a record that a fiduciary take an action described in subsection (1) of this section and the fiduciary declines to act or does not act within 90 days after receiving the request, the beneficiary may request the court to direct the fiduciary to take the action requested. (6) In deciding whether and how to take an action authorized by subsection (1) of this section, or whether and how to respond to a request by a beneficiary under subsection (5) of this section, a fiduciary shall consider all factors relevant to the trust and the beneficiaries, including relevant factors in RCW 11.104B.050 (5). (7) A fiduciary may release or delegate the power to convert an income trust to a unitrust under subsection (1)(a) of this section, change the percentage or method used to calculate a unitrust amount under subsection (1)(b) of this section, or convert a unitrust to an income trust under subsection (1)(c) of this section, for a reason described in RCW 11.104B.070 (7) and in the manner described in RCW 11.104B.070 (8).
RCW 11.125.010 — Washington Code / Title 11 / Chapter 125 / Section 010
RCW 11.125.010: Short title—2016 c 209.
Status: in_force

Chapter 209, Laws of 2016 may be known and cited as the uniform power of attorney act.
RCW 11.24.040 — Washington Code / Title 11 / Chapter 24 / Section 040
RCW 11.24.040: Revocation of probate.
Status: in_force

If, upon the trial of said issue, it shall be decided that the will or a part of it is for any reason invalid, or that it is not sufficiently proved to have been the last will of the testator, the will or part and probate thereof shall be annulled and revoked and to that extent the powers of the personal representative shall cease, but the personal representative shall not be liable for any act done in good faith previous to such annulling or revoking.
RCW 11.130.010 — Washington Code / Title 11 / Chapter 130 / Section 010
RCW 11.130.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Adult" means an individual at least eighteen years of age or an emancipated individual under eighteen years of age. (2) "Adult subject to conservatorship" means an adult for whom a conservator has been appointed under this chapter. (3) "Adult subject to guardianship" means an adult for whom a guardian has been appointed under this chapter. (4) "Claim" includes a claim against an individual or conservatorship estate, whether arising in contract, tort, or otherwise. (5) "Conservator" means a person appointed by a court to make decisions with respect to the property or financial affairs of an individual subject to conservatorship. The term includes a co-conservator. (6) "Conservatorship estate" means the property subject to conservatorship under this chapter. (7) "Court visitor" means the person appointed by the court pursuant to this chapter. (8) "Evaluation and treatment facility" has the same meaning as provided in RCW 71.05.020 . (9) "Full conservatorship" means a conservatorship that grants the conservator all powers available under this chapter. (10) "Full guardianship" means a guardianship that grants the guardian all powers available under this chapter. (11) "Guardian" means a person appointed by the court to make decisions with respect to the personal affairs of an individual. The term includes a co-guardian but does not include a guardian ad litem. (12) "Guardian ad litem" means a person appointed to inform the court about, or to represent, the needs and best interests of a minor. (13) "Individual subject to conservatorship" means an adult or minor for whom a conservator has been appointed under this chapter. (14) "Individual subject to guardianship" means an adult or minor for whom a guardian has been appointed under this chapter. (15) "Less restrictive alternative" means an approach to meeting an individual's needs which restricts fewer rights of the individual than would the appointment of a guardian or conservator. The term includes supported decision making, appropriate technological assistance, appointment of a representative payee, and appointment of an agent by the individual, including appointment under a power of attorney for health care or power of attorney for finances. (16) "Letters of office" means a record issued by a court certifying a guardian's or conservator's authority to act. (17) "Limited conservatorship" means a conservatorship that grants the conservator less than all powers available under this chapter, grants powers over only certain property, or otherwise restricts the powers of the conservator. (18) "Limited guardianship" means a guardianship that grants the guardian less than all powers available under this chapter or otherwise restricts the powers of the guardian. (19) "Long-term care facility" has the same meaning as provided in RCW 70.129.010 . (20) "Minor" means an unemancipated individual under eighteen years of age. (21) "Minor subject to conservatorship" means a minor for whom a conservator has been appointed under this chapter. (22) "Minor subject to guardianship" means a minor for whom a guardian has been appointed under this chapter. (23) "Notice party" means a person entitled to notice under this chapter or otherwise determined by the court to be entitled to notice. (24) "Parent" does not include an individual whose parental rights have been terminated. (25) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (26) "Professional guardian or conservator" means a guardian or conservator appointed under this chapter who is not a relative of the person subject to guardianship or conservatorship established under this chapter and who charges fees for carrying out the duties of court-appointed guardian or conservator for three or more persons. (27) "Property" includes tangible and intangible property. (28) "Protective arrangement instead of conservatorship" means a court order entered under RCW 11.130.590 . (29) "Protective arrangement instead of guardianship" means a court order entered under RCW 11.130.585 . (30) "Protective arrangement under Article 5 of this chapter" means a court order entered under RCW 11.130.585 or 11.130.590 . (31) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (32) "Relative" means any person related by blood or by law to the person subject to guardianship, conservatorship, or other protective arrangements. (33) "Respondent" means an individual for whom appointment of a guardian or conservator or a protective arrangement instead of guardianship or conservatorship is sought. (34) "Sign" means, with present intent to authenticate or adopt a record: (a) To execute or adopt a tangible symbol; or (b) To attach to or logically associate with the record an electronic symbol, sound, or process. (35) "Special agent" means the person appointed by the court pursuant to RCW 11.130.375 or 11.130.635 . (36) "Standby guardian" means a person appointed by the court under RCW 11.130.220 . (37) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe. (38) "Supported decision making" means assistance from one or more persons of an individual's choosing in understanding the nature and consequences of potential personal and financial decisions, which enables the individual to make the decisions, and in communicating a decision once made if consistent with the individual's wishes. (39) "Verified receipt" is a verified receipt signed by the custodian of funds stating that a savings and loan association or bank, trust company, escrow corporation, or other corporations approved by the court hold the cash or securities of the individual subject to conservatorship subject to withdrawal only by order of the court. (40) "Visitor" means a court visitor.
RCW 11.108.080 — Washington Code / Title 11 / Chapter 108 / Section 080
RCW 11.108.080: Generation-skipping transfer tax—Federal law application.
Status: repealed

(1) A will or trust of a decedent who dies after December 31, 2009, and before January 1, 2011, is deemed to refer to the federal estate and generation-skipping transfer tax laws as they applied with respect to estates of decedents dying on December 31, 2009, if the will or trust contains a formula that: (a) Refers to any of the following: "Unified credit," "estate tax exemption," "applicable exemption amount," "applicable credit amount," "applicable exclusion amount," "generation-skipping transfer tax exemption," "marital deduction," "maximum marital deduction," or "unlimited marital deduction;" (b) Measures a share of an estate or trust based on the amount that can pass free of federal estate taxes or the amount that can pass free of federal generation-skipping transfer taxes; or (c) Is otherwise based on a provision of federal estate tax or federal generation-skipping transfer tax law similar to the provisions in (a) or (b) of this subsection. (2) This section is presumed to not apply with respect to a will or trust that (a) is executed or amended after December 31, 2009, or (b) clearly manifests an intent that a contrary rule applies in cases where the decedent dies on a date on which there is no then-applicable federal estate or federal generation-skipping transfer tax and such tax has been permanently repealed and not merely temporarily repealed for calendar year 2010. (3) The reference to January 1, 2011, in this section refers, if the federal estate and generation-skipping transfer tax becomes effective before that date, to the first date on which such tax becomes legally effective. (4) Construction of a will or trust under this section may be confirmed pursuant to the procedures set forth in the trust and estate dispute resolution act in chapter 11.96A RCW.
RCW 11.68.120 — Washington Code / Title 11 / Chapter 68 / Section 120
RCW 11.68.120: Nonintervention powers not deemed waived by obtaining order or decree.
Status: in_force

A personal representative who has acquired nonintervention powers in accordance with this chapter may present a matter, as defined in RCW 11.96A.030 , to the court for resolution or for instructions under chapter 11.96A RCW at any time. A personal representative shall not be deemed to have waived the personal representative's nonintervention powers by seeking or obtaining any order or decree during the course of the administration of the estate.
RCW 11.68.080 — Washington Code / Title 11 / Chapter 68 / Section 080
RCW 11.68.080: Vacation or restriction of nonintervention powers following insolvency—Notice—Determinations affecting prior grants of nonintervention powers upon petition—Endorsement on prior orders.
Status: in_force

(1) Within ten days after the personal representative has received from alleged creditors under chapter 11.40 RCW claims that have an aggregate face value that, when added to the other debts and to the taxes and expenses of greater priority under applicable law, would appear to cause the estate to be insolvent, the personal representative shall notify in writing all beneficiaries under the decedent's will and, if any of the decedent's property will pass according to the laws of intestate succession, all heirs, together with any unpaid creditors, other than a creditor whose claim is then barred under chapter 11.40 RCW or the otherwise applicable statute of limitations, that the estate might be insolvent. The personal representative shall file a copy of the written notice with the court. (2) Within ten days after an estate becomes insolvent, the personal representative shall petition under RCW 11.96A.080 for a determination of whether the court should reaffirm, rescind, or restrict in whole or in part any prior grant of nonintervention powers. Notice of the hearing must be given in accordance with RCW 11.96A.110 . (3) If, upon a petition under RCW 11.96A.080 of any personal representative, beneficiary under the decedent's will, heir if any of the decedent's property passes according to the laws of intestate succession, or any unpaid creditor with a claim that has been accepted or judicially determined to be enforceable, the court determines that the decedent's estate is insolvent, the court shall reaffirm, rescind, or restrict in whole or in part any prior grant of nonintervention powers to the extent necessary to protect the best interests of the beneficiaries and creditors of the estate. (4) If the court rescinds or restricts a prior grant of nonintervention powers, the court shall endorse the term "powers rescinded" or "powers restricted" upon the prior order together with the date of the endorsement.
RCW 11.96A.300 — Washington Code / Title 11 / Chapter 96A / Section 300
RCW 11.96A.300: Mediation procedure.
Status: in_force

(1) Notice of mediation. A party may cause the matter to be subject to mediation by service of written notice of mediation on all parties or the parties' virtual representatives as follows: (a) If no hearing has been set. If no hearing on the matter has been set, by serving notice in substantially the following form before any petition setting a hearing on the matter is filed with the court: NOTICE OF MEDIATION UNDER RCW 11.96A.300 To: (Parties) Notice is hereby given that the following matter shall be resolved by mediation under RCW 11.96A.300 : (State nature of matter) This matter must be resolved using the mediation procedures of RCW 11.96A.300 unless a petition objecting to mediation is filed with the superior court within twenty days of service of this notice. If a petition objecting to mediation is not filed within the twenty-day period, RCW 11.96A.300 (4) requires you to furnish to all other parties or their virtual representatives a list of acceptable mediators within thirty days of your receipt of this notice. (Optional: Our list of acceptable mediators is as follows:) DATED: . . . . . . . . . . (Party or party's legal representative) (b) If a hearing has been set. If a hearing on the matter has been set, by filing and serving notice in substantially the following form at least three days prior to the hearing that has been set on the matter: NOTICE OF MEDIATION UNDER RCW 11.96A.300 To: (Parties) Notice is hereby given that the following matter shall be resolved by mediation under RCW 11.96A.300 : (State nature of matter) This matter must be resolved using the mediation procedures of RCW 11.96A.300 unless the court determines at the hearing set for . . . o'clock on . . . . . , (identify place of already set hearing), that mediation shall not apply pursuant to RCW 11.96A.300 (3). If the court determines that mediation shall not apply, the court may decide the matter at the hearing, require arbitration, or direct other judicial proceedings. (Optional: Our list of acceptable mediators is as follows:) DATED: . . . . . . . . . . (Party or party's legal representative) (2) Procedure when notice of mediation served before a hearing is set. The following provisions apply when notice of mediation is served before a hearing on the matter is set: (a) The written notice required in subsection (1)(a) of this section may be served at any time without leave of the court. (b) Any party may object to a notice of mediation under subsection (1)(a) of this section by filing a petition with the superior court and serving the petition on all parties or the parties' virtual representatives. The party objecting to notice of mediation under subsection (1)(a) of this section must file and serve the petition objecting to mediation no later than twenty days after receipt of the written notice of mediation. The petition may include a request for determination of matters subject to judicial resolution under RCW 11.96A.080 through 11.96A.200 , and may also request that the matters in issue be decided at the hearing. (c) The hearing on the petition objecting to mediation must be heard no later than twenty days after the filing of that petition. (d) The party objecting to mediation must give notice of the hearing to all other parties at least ten days before the hearing and must include a copy of the petition. At the hearing, the court shall order that mediation proceed except for good cause shown. Such order shall not be subject to appeal or revision. If the court determines that the matter should not be subject to mediation, the court shall dispose of the matter by: (i) Deciding the matter at that hearing, but only if the petition objecting to mediation contains a request for that relief, (ii) requiring arbitration, or (iii) directing other judicial proceedings. (3) Procedure when notice of mediation served after hearing set. If the written notice of mediation required in subsection (1)(b) of this section is timely filed and served by a party and another party objects to mediation, by petition or orally at the hearing, the court shall order that mediation proceed except for good cause shown. Such order shall not be subject to appeal or revision. If the court determines that the matter should not be subject to mediation, the court shall dispose of the matter by: (a) Deciding the matter at that hearing, (b) requiring arbitration, or (c) directing other judicial proceedings. (4) Selection of mediator; mediator qualifications. (a) If a petition objecting to mediation is not filed as provided in subsection (3) of this section, or if a court determines that mediation shall apply, each party shall, within thirty days of receipt of the initial notice or within twenty days after the court determination, whichever is later, furnish all other parties or the parties' virtual representatives a list of qualified and acceptable mediators. If the parties cannot agree on a mediator within ten days after the list is required to be furnished, a party may petition the court to appoint a mediator. All parties may submit a list of qualified and acceptable mediators to the court no later than the date on which the hearing on the petition is to be held. At the hearing the court shall select a qualified mediator from lists of acceptable mediators provided by the parties. (b) A qualified mediator must be: (i) An attorney licensed to practice before the courts of this state having at least five years of experience in estate and trust matters, (ii) an individual, who may be an attorney, with special skill or training in the administration of trusts and estates, or (iii) an individual, who may be an attorney, with special skill or training as a mediator. The mediator may not have an interest in an affected estate, trust, or nonprobate asset, and may not be related to a party. (5) Date for mediation. Upon designation of a mediator by the parties or court appointment of a mediator, the mediator and the parties or the parties' virtual representatives shall establish a date for the mediation. If a date cannot be agreed upon within ten days of the designation or appointment of the mediator, a party may petition the court to set a date for the mediation session. (6) Duration of mediation. The mediation must last at least three hours unless the matter is earlier resolved. (7) Mediation agreement. A resolution of the matter that is the subject of the mediation must be evidenced by a nonjudicial dispute resolution agreement under RCW 11.96A.220 . (8) Costs of mediation. Costs of the mediation, including reasonable compensation for the mediator's services, shall be borne equally by the parties. The details of those costs and fees, including the compensation of the mediator, must be set forth in a mediation agreement between the mediator and all parties to the matter. Each party shall bear its own costs and expenses, including legal fees and witness expenses, in connection with the mediation proceeding: (a) Except as may occur otherwise as provided in RCW 11.96A.320 , or (b) unless the matter is not resolved by mediation and the arbitrator or court finally resolving the matter directs otherwise.
RCW 11.135.110 — Washington Code / Title 11 / Chapter 135 / Section 110
RCW 11.135.110: Certified paper copies.
Status: in_force

An individual may create a certified paper copy of an electronic nontestamentary estate planning document by affirming under penalty of perjury that the paper copy is a complete and accurate copy of the document.
RCW 11.125.040 — Washington Code / Title 11 / Chapter 125 / Section 040
RCW 11.125.040: Power of attorney—Termination.
Status: in_force

The authority conferred under a power of attorney created prior to January 1, 2017, and also for a power of attorney created on or after January 1, 2017, terminates upon the incapacity of the principal unless the writing contains the words "This power of attorney shall not be affected by disability of the principal," or "This power of attorney shall become effective upon the disability of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's incapacity.
RCW 11.76.150 — Washington Code / Title 11 / Chapter 76 / Section 150
RCW 11.76.150: Payment of claims where estate insufficient.
Status: in_force

If the estate shall be insufficient to pay the debts of any class, each creditor shall be paid in proportion to his or her claim, and no other creditor of any lower class shall receive any payment until all those of the preceding class shall have been fully paid.
RCW 11.12.180 — Washington Code / Title 11 / Chapter 12 / Section 180
RCW 11.12.180: Rule in Shelley's Case abolished—Future distribution or interest to heirs.
Status: in_force

The Rule in Shelley's Case is abolished as a rule of law and as a rule of construction. If an applicable statute or a governing instrument calls for a future distribution to or creates a future interest in a designated individual's "heirs," "heirs at law," "next of kin," "relatives," or "family," or language of similar import, the property passes to those persons, including the state under chapter 11.08 RCW, that would succeed to the designated individual's estate under chapter 11.04 RCW. The property must pass to those persons as if the designated individual had died when the distribution or transfer of the future interest was to take effect in possession or enjoyment. For purposes of this section and RCW 11.12.185 , the designated individual's surviving spouse or surviving domestic partner is deemed to be an heir, regardless of whether the surviving spouse or surviving domestic partner has remarried or entered into a subsequent domestic partnership.
RCW 11.40.110 — Washington Code / Title 11 / Chapter 40 / Section 110
RCW 11.40.110: Action pending at decedent's death—Personal representative as defendant.
Status: in_force

If an action is pending against the decedent at the time of the decedent's death, the plaintiff shall, within four months after appointment of the personal representative, serve on the personal representative a petition to have the personal representative substituted as defendant in the action. Upon hearing on the petition, the personal representative shall be substituted, unless, at or before the hearing, the claim of the plaintiff, together with costs, is allowed.
RCW 11.98B.130 — Washington Code / Title 11 / Chapter 98B / Section 130
RCW 11.98B.130: Trust director—Action against—Defenses.
Status: in_force

In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
RCW 11.64.002 — Washington Code / Title 11 / Chapter 64 / Section 002
RCW 11.64.002: Inventory—Appraisement.
Status: in_force

Within three months after receiving written request from the personal representative the surviving partner or partners of the partnership shall furnish the personal representative with a verified inventory of the assets of the partnership. The inventory shall state the value of the assets as shown by the books of the partnership and list the liabilities of the partnership. At the request of the personal representative, the surviving partner or partners shall permit the assets of the partnership to be appraised, which appraisal shall include the value of the assets of the partnership and a list of the liabilities.
RCW 11.08.210 — Washington Code / Title 11 / Chapter 08 / Section 210
RCW 11.08.210: Allowance of claims, expenses, partial fees—Sale of property—Decree of distribution.
Status: in_force

If at the expiration of four months from the date of the first publication of notice to creditors no heirs have appeared and established their claim to the estate, the court may enter an interim order allowing claims, expenses, and partial fees. If at the expiration of ten months from the date of issuance of letters testamentary or of administration no heirs have appeared and established their claim to the estate, all personal property not in the form of cash shall be sold under order of the court. Personal property found by the court to be worthless shall be ordered abandoned. Real property shall not be sold for the satisfaction of liens thereon, or for the payment of the debts of decedent or expenses of administration until the proceeds of the personal property are first exhausted. The court shall then enter a decree allowing any additional fees and charges deemed proper and distributing the balance of the cash on hand, together with any real property, to the state. Remittance of cash on hand shall be made to the department of revenue which shall make proper records thereof and forthwith forward such funds to the state treasurer for deposit in the permanent common school fund of the state.
RCW 11.130.390 — Washington Code / Title 11 / Chapter 130 / Section 390
RCW 11.130.390: Professional evaluation.
Status: in_force

(1) On receipt of a petition under RCW 11.130.360 and at the time the court appoints a court visitor under RCW 11.130.380 , the court shall order a professional evaluation of the respondent. (2) The respondent must be examined by a physician licensed to practice under chapter 18.71 or 18.57 RCW, psychologist licensed under chapter 18.83 RCW, *advanced registered nurse practitioner licensed under chapter 18.79 RCW, or physician assistant licensed under chapter 18.71A RCW, selected by the court visitor who is qualified to evaluate the respondent's alleged cognitive and functional abilities and limitations and will not be advantaged or disadvantaged by a decision to grant the petition or otherwise have a conflict of interest. If the respondent opposes the professional selected by the court visitor, the court visitor shall obtain a professional evaluation from the professional selected by the respondent. The court visitor, after receiving a professional evaluation from the individual selected by the respondent, may obtain a supplemental evaluation from a different professional. (3) The individual conducting the evaluation shall promptly provide the completed evaluation report to the court visitor who shall file the report in a sealed record with the court. Unless otherwise directed by the court, the report must contain: (a) The professional's name, address, education, and experience; (b) A description of the nature, type, and extent of the respondent's cognitive and functional abilities and limitations with regard to the management of the respondent's property and financial affairs; (c) An evaluation of the respondent's mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills; (d) A prognosis for improvement with regard to the ability to manage the respondent's property and financial affairs; (e) A description of the respondent's current medications, and the effect of the medications on the respondent's cognitive and functional abilities; (f) Identification or persons with whom the professional has met or spoken with regarding the respondent; and (g) The date of the examination on which the report is based. (4) If the respondent declines to participate in an evaluation ordered under subsection (1) of this section, the court may proceed with the hearing under RCW 11.130.370 if the court finds that it has sufficient information to determine the respondent's needs and abilities without the professional evaluation. (5) A professional evaluation is not required if a petition for appointment of a conservator under RCW 11.130.360 is for a conservator for the property or financial affairs of a minor or for an adult missing, detained, or unable to return to the United States.
RCW 11.140.180 — Washington Code / Title 11 / Chapter 140 / Section 180
RCW 11.140.180: Methods and forms for creating custodial trusts.
Status: in_force

(1) If a transaction, including a declaration with respect to or a transfer of specific property, otherwise satisfies applicable law, the criteria of RCW 11.140.020 are satisfied by: (a) The execution and either delivery to the custodial trustee or recording of an instrument in substantially the following form: TRANSFER UNDER THE WASHINGTON UNIFORM CUSTODIAL TRUST ACT I, . . . . . (name of transferor or name and representative capacity if a fiduciary), transfer to . . . . . (name of trustee other than transferor), as custodial trustee for . . . . . (name of beneficiary) as beneficiary and . . . . . (name of distributee) as distributee on termination of the trust in absence of direction by the beneficiary under the Washington uniform custodial trust act, the following: . . . . . . . . . . (insert a description of the custodial trust property legally sufficient to identify and transfer each item of property) Dated: . . . (date) . . . . . (Signature); or (b) The execution and the recording or giving notice of its execution to the beneficiary of an instrument in substantially the following form: DECLARATION OF TRUST UNDER THE WASHINGTON UNIFORM CUSTODIAL TRUST ACT I, . . . . . (name of owner of property), declare that henceforth I hold as custodial trustee for . . . . . (name of beneficiary other than transferor) as beneficiary and . . . . . (name of distributee) as distributee on termination of the trust in absence of direction by the beneficiary under the Washington uniform custodial trust act, the following: . . . . . . . . . . (insert a description of the custodial trust property legally sufficient to identify and transfer each item of property) Dated: . . . (date) . . . . . (Signature) (2) Customary methods of transferring or evidencing ownership of property may be used to create a custodial trust, including any of the following: (a) Registration of a security in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act"; (b) Delivery of a certificated security, or a document necessary for the transfer of an uncertificated security, together with any necessary endorsement, to an adult other than the transferor or to a trust company as custodial trustee, accompanied by an instrument in substantially the form prescribed in subsection (1)(a) of this section; (c) Payment of money or transfer of a security held in the name of a broker or a financial institution or its nominee to a broker or financial institution for credit to an account in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act"; (d) Registration of ownership of a life or endowment insurance policy or annuity contract with the issuer in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act"; (e) Delivery of a written assignment to an adult other than the transferor or to a trust company whose name in the assignment is designated in substance by the words: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act"; (f) Irrevocable exercise of a power of appointment, pursuant to its terms, in favor of a trust company, an adult other than the donee of the power, or the donee who holds the power if the beneficiary is other than the donee, whose name in the appointment is designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act"; (g) Delivery of a written notification or assignment of a right to future payment under a contract to an obligor which transfers the right under the contract to a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, whose name in the notification or assignment is designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act"; (h) Execution, delivery, and recordation of a conveyance of an interest in real property in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act"; (i) Issuance of a certificate of title by an agency of a state or of the United States which evidences title to tangible personal property: (A) Issued in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act"; or (B) Delivered to a trust company or an adult other than the transferor or endorsed by the transferor to that person, designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act"; or (j) Execution and delivery of an instrument of gift to a trust company or an adult other than the transferor, designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act."
RCW 11.96A.320 — Washington Code / Title 11 / Chapter 96A / Section 320
RCW 11.96A.320: Petition for order compelling compliance.
Status: in_force

If a party does not comply with any procedure of RCW 11.96A.260 through 11.96A.310 , the other party or parties may petition the superior court for an order compelling compliance. A party obtaining an order compelling compliance is entitled to reimbursement of costs and attorneys' fees incurred in connection with: The petition and any other actions taken after the issuance of the order to compel compliance with the order, unless the court at the hearing on the petition determines otherwise for good cause shown. Reimbursement must be from the party or parties whose failure to comply was the basis for the petition.
RCW 11.90.030 — Washington Code / Title 11 / Chapter 90 / Section 030
RCW 11.90.030: Foreign country treatment.
Status: in_force

A court of this state may treat a foreign country as if it were a state for the purpose of applying this chapter.
RCW 11.118.010 — Washington Code / Title 11 / Chapter 118 / Section 010
RCW 11.118.010: Definition.
Status: in_force

As used in this chapter, "animal" means a nonhuman animal with vertebrae.
RCW 11.20.040 — Washington Code / Title 11 / Chapter 20 / Section 040
RCW 11.20.040: Proof where one or more witnesses are unable or incompetent to testify, or absent from state.
Status: in_force

The subsequent incompetency from whatever cause of one or more of the subscribing witnesses, or their inability to testify in open court or pursuant to commission, or their absence from the state, shall not prevent the probate of the will. In such cases the court shall admit the will to probate upon satisfactory testimony that the handwriting of the testator and of an incompetent or absent subscribing witness is genuine or the court may consider such other facts and circumstances, if any, as would tend to prove such will.
RCW 11.125.200 — Washington Code / Title 11 / Chapter 125 / Section 200
RCW 11.125.200: Acknowledged power of attorney—Acceptance—Refusal to accept.
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section: (a) A person shall either accept an acknowledged power of attorney or request a certification or a translation no later than seven business days after presentation of the power of attorney for acceptance; (b) If a person requests a certification or a translation, the person shall accept the power of attorney no later than five business days after receipt of the certification or translation; and (c) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. (2) A person is not required to accept an acknowledged power of attorney if: (a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances; (b) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law; (c) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power; (d) A request for a certification or a translation is refused; (e) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification or a translation has been requested or provided; or (f) The person makes, or has actual knowledge that another person has made, a report to the department of social and health services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent. (3) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to: (a) A court order mandating acceptance of the power of attorney; and (b) Liability for reasonable attorneys' fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
RCW 11.95A.310 — Washington Code / Title 11 / Chapter 95A / Section 310
RCW 11.95A.310: Disposition of unappointed property—Partial appointment to taker in default.
Status: in_force

Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property.
RCW 11.95A.500 — Washington Code / Title 11 / Chapter 95A / Section 500
RCW 11.95A.500: Creditor claims—General power created by powerholder.
Status: in_force

(1) In this section, "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer. (2) Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in chapter 19.40 RCW. (3) Subject to subsection (2) of this section, appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate. (4) Subject to subsections (2) and (3) of this section, and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of: (a) The powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and (b) The powerholder's estate, to the extent the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder's death.
RCW 11.96A.902 — Washington Code / Title 11 / Chapter 96A / Section 902
RCW 11.96A.902: Effective date—1999 c 42.
Status: in_force

This act takes effect January 1, 2000.
RCW 11.05A.901 — Washington Code / Title 11 / Chapter 05A / Section 901
RCW 11.05A.901: Short title.
Status: in_force

This chapter may be cited as the uniform simultaneous death act.
RCW 11.104B.005 — Washington Code / Title 11 / Chapter 104B / Section 005
RCW 11.104B.005: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Accounting period" means a calendar year, unless a fiduciary selects another period of 12 calendar months or approximately 12 calendar months. The term includes a part of a calendar year or another period of 12 calendar months or approximately 12 calendar months which begins when an income interest begins or ends when an income interest ends. (2) "Asset-backed security" means a security that is serviced primarily by the cash flows of a discrete pool of fixed or revolving receivables or other financial assets that by their terms convert into cash within a finite time. The term includes rights or other assets that ensure the servicing or timely distribution of proceeds to the holder of the asset-backed security. The term does not include an asset to which RCW 11.104B.200 , 11.104B.280 , or 11.104B.330 applies. (3) "Beneficiary" includes: (a) For a trust: (i) A current beneficiary, including a current income beneficiary and a beneficiary that may receive only principal; (ii) A remainder beneficiary; and (iii) Any other successor beneficiary; and (b) For an estate, an heir, legatee, and devisee. (4) "Court" means the court in this state having jurisdiction relating to a trust or estate. (5) "Current income beneficiary" means a beneficiary to which a fiduciary may distribute net income, whether or not the fiduciary also may distribute principal to the beneficiary. (6) "Distribution" means a payment or transfer by a fiduciary to a beneficiary in the beneficiary's capacity as a beneficiary, made under the terms of the trust, without consideration other than the beneficiary's right to receive the payment or transfer under the terms of the trust. "Distribute," "distributed," and "distributee" have corresponding meanings. (7) "Estate" means a decedent's estate. The term includes the property of the decedent as the estate is originally constituted and the property of the estate as it exists at any time during administration. (8) "Fiduciary" includes a trustee, personal representative, and person acting under a delegation from a fiduciary. The term includes a person that holds property for a successor beneficiary whose interest may be affected by an allocation of receipts and expenditures between income and principal. If there are two or more cofiduciaries, the term includes all cofiduciaries acting under the terms of the trust and applicable law. (9) "Income" means money or other property a fiduciary receives as current return from principal. The term includes a part of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in Article 4 of this chapter. (10) "Income interest" means the right of a current income beneficiary to receive all or part of net income, whether the terms of the trust require the net income to be distributed or authorize the net income to be distributed in the fiduciary's discretion. The term includes the right of a current beneficiary to use property held by a fiduciary. (11) "Independent person" means a person that is not: (a) For a trust: (i) A beneficiary that is a distributee or permissible distributee of trust income or principal or would be a distributee or permissible distributee of trust income or principal if either the trust or the interests of the distributees or permissible distributees of trust income or principal were terminated, assuming no power of appointment is exercised; (ii) A settlor of the trust; or (iii) An individual whose legal obligation to support a beneficiary may be satisfied by a distribution from the trust; (b) For an estate, a beneficiary; (c) A spouse, parent, brother, sister, or issue of an individual described in (a) or (b) of this subsection; (d) A corporation, partnership, limited liability company, or other entity in which persons described in (a) through (c) of this subsection, in the aggregate, have voting control; or (e) An employee of a person described in (a), (b), (c), or (d) of this subsection. (12) "Mandatory income interest" means the right of a current income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute. (13) "Net income" means the total allocations during an accounting period to income under the terms of a trust and this chapter minus the disbursements during the period, other than distributions, allocated to income under the terms of the trust and this chapter. To the extent the trust is a unitrust under Article 3 of this chapter, the term means the unitrust amount determined under Article 3 of this chapter. The term includes an adjustment from principal to income under RCW 11.104B.070 . The term does not include an adjustment from income to principal under RCW 11.104B.070 . (14) "Person" means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (15) "Personal representative" means an executor, administrator, successor personal representative, special administrator, or person that performs substantially the same function with respect to an estate under the law governing the person's status. (16) "Principal" means property held in trust for distribution to, production of income for, or use by a current or successor beneficiary. (17) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (18) "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, the term includes each person, to the extent 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. (19) "Special tax benefit" means: (a) Exclusion of a transfer to a trust from gifts described in 26 U.S.C. Sec. 2503(b) of the federal internal revenue code of 1986, as amended, as of January 1, 2022, because of the qualification of an income interest in the trust as a present interest in property; (b) Status as a qualified subchapter S trust described in 26 U.S.C. Sec. 1361(d)(3) of the federal internal revenue code of 1986, as amended, as of January 1, 2022, at a time the trust holds stock of an S corporation described in 26 U.S.C. Sec. 1361(a)(1) of the federal internal revenue code of 1986, as amended, as of January 1, 2022; (c) An estate or gift tax marital deduction for a transfer to a trust under 26 U.S.C. Sec. 2056 or 2523 of the federal internal revenue code of 1986, as amended, as of January 1, 2022, which depends or depended in whole or in part on the right of the settlor's spouse to receive the net income of the trust; (d) Exemption in whole or in part of a trust from the federal generation-skipping transfer tax imposed by 26 U.S.C. Sec. 2601 of the federal internal revenue code of 1986, as amended, as of January 1, 2022, because the trust was irrevocable on September 25, 1985, if there is any possibility that: (i) A taxable distribution, as defined in 26 U.S.C. Sec. 2612(b) of the federal internal revenue code of 1986, as amended, as of January 1, 2022, could be made from the trust; or (ii) A taxable termination, as defined in 26 U.S.C. Sec. 2612(a) of the federal internal revenue code of 1986, as amended, as of January 1, 2022, could occur with respect to the trust; or (e) An inclusion ratio, as defined in 26 U.S.C. Sec. 2642(a) of the federal internal revenue code of 1986, as amended, as of January 1, 2022, of the trust which is less than one, if there is any possibility that: (i) A taxable distribution, as defined in 26 U.S.C. Sec. 2612(b) of the federal internal revenue code of 1986, as amended, as of January 1, 2022, could be made from the trust; or (ii) A taxable termination, as defined in 26 U.S.C. Sec. 2612(a) of the federal internal revenue code of 1986, as amended, as of January 1, 2022, could occur with respect to the trust. (20) "Successive interest" means the interest of a successor beneficiary. (21) "Successor beneficiary" means a person entitled to receive income or principal or to use property when an income interest or other current interest ends. (22) "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; (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 11.98A RCW; or (c) For an estate, a will. (23) "Trust": (a) Includes: (i) An express trust, private or charitable, with additions to the trust, wherever and however created; and (ii) A trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust; and (b) Does not include: (i) A constructive trust; (ii) A resulting trust, conservatorship, guardianship, multiparty account, custodial arrangement for a minor, business trust, voting trust, security arrangement, liquidation trust, or trust for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, retirement benefits, or employee benefits of any kind; or (iii) An arrangement under which a person is a nominee, escrowee, or agent for another. (24) "Trustee" means a person, other than a personal representative, that owns or holds property for the benefit of a beneficiary. The term includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. (25) "Will" means any testamentary instrument recognized by applicable law which makes a legally effective disposition of an individual's property, effective at the individual's death. The term includes a codicil or other amendment to a testamentary instrument.
RCW 11.114.200 — Washington Code / Title 11 / Chapter 114 / Section 200
RCW 11.114.200: Termination of custodianship—Extension.
Status: in_force

(1) Subject to RCW 11.114.220 , the custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of: (a) The minor's attainment of twenty-one years of age with respect to custodial property transferred under RCW 11.114.040 or 11.114.050 ; (b) The minor's attainment of eighteen years of age with respect to custodial property transferred under RCW 11.114.060 or 11.114.070 ; or (c) The minor's death. (2) The transferor may, in the initial nomination of custodian, extend the custodianship to the earlier of the minor's attainment of twenty-five years of age or the minor's death unless: (a) The governing will, trust, or instrument creating the power of appointment specifically provides otherwise if the custodian property is transferred under RCW 11.114.040 , 11.114.050 , or 11.114.060 ; or (b) The custodial property is transferred under RCW 11.114.070 . In that case, the person nominating the custodian under RCW 11.114.030 may elect to extend the custodianship. If no custodian has been nominated under RCW 11.114.030 , the court establishing the custodianship under RCW 11.114.070 (4) may extend the custodianship if it determines that doing so would not be contrary to the interest of the minor. (3) An extension of the custodianship under subsection (2) of this section will be valid only if the transfer creating the custodianship is made on or after July 1, 2007. (4) Any bank, trust company, insurance company, registered broker-dealer, investment company regulated under the federal Investment Company Act of 1940, investment advisor regulated under the federal Investment Advisors Act of 1940, or other person who makes custodianship forms available for adoption in contemplation of selling assets to or managing assets for a custodianship shall include, in any form made available on or after July 1, 2007, an option to extend the custodianship under subsection (2) of this section and a warning to the transferor that exercising the option to extend may result in the transfer not qualifying for annual exclusion from federal gift tax. An instrument in the form described in RCW 11.114.090 (2) will satisfy the requirements of this subsection.
RCW 11.08.185 — Washington Code / Title 11 / Chapter 08 / Section 185
RCW 11.08.185: Escheat property—Records of department of revenue—Public record information.
Status: in_force

All records of the department of revenue relating to escheated property or property about to escheat shall be a public record and shall be made available by the department of revenue for public inspection. Without limitation, the records to be made public shall include all available information regarding possible heirs, descriptions and amounts of property escheated or about to escheat, and any information which might serve to identify the proper heirs.
RCW 11.125.150 — Washington Code / Title 11 / Chapter 125 / Section 150
RCW 11.125.150: Power of attorney provisions relieving agent liability—When allowed.
Status: in_force

A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision: (1) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with gross negligence to the purposes of the power of attorney or the best interest of the principal; or (2) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
RCW 11.99.020 — Washington Code / Title 11 / Chapter 99 / Section 020
RCW 11.99.020: Savings clause—Rights not affected.
Status: in_force

No act done in any proceeding commenced before this title takes effect and no accrued right shall be impaired by its provisions. When a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute in force before this title takes effect, such provisions shall remain in force and be deemed a part of this code with respect to such right.
RCW 11.130.145 — Washington Code / Title 11 / Chapter 130 / Section 145
RCW 11.130.145: Delegation by parent.
Status: in_force

Except as otherwise provided in RCW 11.125.410 , a parent of a minor, by a power of attorney, may delegate to another person for a period not exceeding twenty-four months any of the parent's powers regarding care, custody, or property of the minor, other than power to consent to marriage or adoption.
RCW 11.125.340 — Washington Code / Title 11 / Chapter 125 / Section 340
RCW 11.125.340: Agent authority—Claims and litigation.
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent, without the need for appointment of a guardian or guardian ad litem under Title 4 RCW, to: (1) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief; (2) Bring or defend an action to determine adverse claims or intervene or otherwise participate in litigation; (3) Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree; (4) Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation; (5) Submit to alternative dispute resolution, settle, and propose or accept a compromise, subject to special proceeding rule 98.16W; (6) Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute, and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation; (7) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value; (8) Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and (9) Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
RCW 11.40.100 — Washington Code / Title 11 / Chapter 40 / Section 100
RCW 11.40.100: Rejection of claim—Time limits—Notice—Compromise of claim.
Status: in_force

(1) If the personal representative rejects a claim, in whole or in part, the claimant must bring suit against the personal representative within thirty days after notification of rejection or the claim is forever barred. The personal representative shall notify the claimant of the rejection and file an affidavit with the court showing the notification and the date of the notification. The personal representative shall notify the claimant of the rejection by personal service or certified mail addressed to the claimant or the claimant's agent, if applicable, at the address stated in the claim. The date of service or of the postmark is the date of notification. The notification must advise the claimant that the claimant must bring suit in the proper court against the personal representative within thirty days after notification of rejection or the claim will be forever barred. (2) The personal representative may, before or after rejection of any claim, compromise the claim, whether due or not, absolute or contingent, liquidated, or unliquidated, if it appears to the personal representative that the compromise is in the best interests of the estate.
RCW 11.106.070 — Washington Code / Title 11 / Chapter 106 / Section 070
RCW 11.106.070: Court to determine accuracy, validity—Decree.
Status: in_force

Upon the return date or at some later date fixed by the court if so requested by one or more of the parties, the court without the intervention of a jury and after hearing all the evidence submitted shall determine the correctness of the account and the validity and propriety of all actions of the trustee or trustees set forth in the account including the purchase, retention, and disposition of any of the property and funds of the trust, and shall render its decree either approving or disapproving the account or any part of it, and surcharging the trustee or trustees for all losses, if any, caused by negligent or wilful breaches of trust.
RCW 11.95A.350 — Washington Code / Title 11 / Chapter 95A / Section 350
RCW 11.95A.350: Exercise of power in favor of holder—Limitations.
Status: in_force

If the standard governing the exercise of a lifetime or a testamentary power of appointment does not clearly indicate that a broader or more restrictive power of appointment is intended, the holder of the power of appointment may exercise it in his or her favor only for his or her health, education, support, or maintenance as described in section 2041 or 2514 of the Internal Revenue Code and the applicable regulations adopted under the section.
RCW 11.48.030 — Washington Code / Title 11 / Chapter 48 / Section 030
RCW 11.48.030: Chargeable with whole estate.
Status: in_force

Every personal representative shall be chargeable in his or her accounts with the whole estate of the deceased which may come into his or her possession. He or she shall not be responsible for loss or decrease or destruction of any of the property or effects of the estate, without his or her fault.
RCW 11.98.900 — Washington Code / Title 11 / Chapter 98 / Section 900
RCW 11.98.900: Application of RCW 11.98.130 through 11.98.160—RCW 11.68.090 prevails.
Status: in_force

(1) The provisions of RCW 11.98.130 through 11.98.160 are applicable to any instrument purporting to create a trust regardless of the date such instrument bears, unless it has been previously adjudicated in the courts of this state. (2) To the extent that this chapter is in conflict with RCW 11.68.090 , RCW 11.68.090 prevails.
RCW 11.96A.130 — Washington Code / Title 11 / Chapter 96A / Section 130
RCW 11.96A.130: Other notice requirements not impaired.
Status: in_force

Nothing in this chapter eliminates the requirement to give notice to a person who has requested special notice under RCW 11.28.240 or notice under RCW 11.130.080 .
RCW 11.130.295 — Washington Code / Title 11 / Chapter 130 / Section 295
RCW 11.130.295: Attendance and rights at hearing.
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section, a hearing under RCW 11.130.275 may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audiovisual technology. (2) A hearing under RCW 11.130.275 may proceed without the respondent in attendance if the court finds by clear and convincing evidence that: (a) The respondent 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; or (b) There is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services and technological assistance. (3) The respondent may be assisted in a hearing under RCW 11.130.275 by a person or persons of the respondent's choosing, assistive technology, or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent's participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it. (4) The respondent has a right to choose an attorney to represent the respondent at a hearing under RCW 11.130.275 . (5) At a hearing held under RCW 11.130.275 , the respondent may: (a) Present evidence and subpoena witnesses and documents; (b) Examine witnesses, including any court-appointed evaluator and the court visitor; and (c) Otherwise participate in the hearing. (6) Unless excused by the court for good cause, a proposed guardian shall attend a hearing under RCW 11.130.275 . (7) A hearing under RCW 11.130.275 must be closed on request of the respondent and a showing of good cause. (8) Any person may request to participate in a hearing under RCW 11.130.275 . The court may grant the request, with or without a hearing, on determining that the best interest of the respondent will be served. The court may impose appropriate conditions on the person's participation.
RCW 11.04.035 — Washington Code / Title 11 / Chapter 04 / Section 035
RCW 11.04.035: Kindred of the half blood.
Status: in_force

Kindred of the half blood shall inherit the same share which they would have inherited if they had been of the whole blood, unless the inheritance comes to the intestate by descent, devise, or gift from one of his or her ancestors, or kindred of such ancestor's blood, in which case all those who are not of the blood of such ancestors shall be excluded from such inheritance: PROVIDED, HOWEVER, That the words "kindred of such ancestor's blood" and "blood of such ancestors" shall be construed to include any child lawfully adopted by one who is in fact of the blood of such ancestors.