RCW 11.130.385 — Washington Code / Title 11 / Chapter 130 / Section 385
RCW 11.130.385: Appointment and role of attorney.
Status: in_force

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

(1)(a) The respondent shall have the right to be represented by a willing attorney of their choosing at any stage in conservatorship proceedings. Any attorney purporting to represent a respondent or person subject to conservatorship shall petition the court to be appointed to represent the respondent or person subject to conservatorship. (b) Unless the respondent in a proceeding for appointment of a conservator is represented by an attorney, the court is not required, but may appoint an attorney to represent the respondent, regardless of the respondent's ability to pay, except as provided otherwise in (c) of this subsection. (c)(i) The court must appoint an attorney to represent the respondent at public expense when either: (A) The respondent is unable to afford an attorney; (B) The expense of an attorney would result in substantial hardship to the respondent; or (C) The respondent does not have practical access to funds with which to pay an attorney. If the respondent can afford an attorney but lacks practical access to funds, the court must provide an attorney and may impose a reimbursement requirement as part of a final order. (ii) When, in the opinion of the court, the rights and interests of the respondent cannot otherwise be adequately protected and represented, the court on its own motion must appoint an attorney at any time to represent the respondent. (iii) An attorney must be provided under this subsection (1)(c) as soon as practicable after a petition is filed and long enough before any final hearing to allow adequate time for consultation and preparation. Absent a convincing showing in the record to the contrary, a period of less than three weeks is presumed by a reviewing court to be inadequate time for consultation and preparation. (2) An attorney representing the respondent in a proceeding for appointment of a conservator shall: (a) Make reasonable efforts to ascertain the respondent's wishes; (b) Advocate for the respondent's wishes to the extent reasonably ascertainable; and (c) If the respondent's wishes are not reasonably ascertainable, advocate for the result that is the least restrictive in type, duration, and scope, consistent with the respondent's interests. (3) The court is not required, but may appoint an attorney to represent a parent of a minor who is the subject of a proceeding under RCW 11.130.365 if: (a) The parent objects to appointment of a conservator; (b) The court determines that counsel is needed to ensure that consent to appointment of a conservator is informed; or (c) The court otherwise determines the parent needs representation.
RCW 11.12.490 — Washington Code / Title 11 / Chapter 12 / Section 490
RCW 11.12.490: Electronic wills—Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
RCW 11.08.250 — Washington Code / Title 11 / Chapter 08 / Section 250
RCW 11.08.250: Order of court on establishment of claim—Parklands—Appraisal.
Status: in_force

Upon establishment of the claim to the satisfaction of the court, it shall order payment to the claimant of any escheated funds and delivery of any escheated land, or the proceeds thereof, if sold. If, however, the escheated property shall have been transferred to the state parks and recreation commission or local jurisdiction for park purposes, the court shall order payment to the claimant for the fair market value of the property at the time of transfer, excluding the value of physical improvements to the property while managed by a state agency or local jurisdiction. The value shall be established by independent appraisal obtained by the department of revenue.
RCW 11.96A.120 — Washington Code / Title 11 / Chapter 96A / Section 120
RCW 11.96A.120: Application of doctrine of virtual representation.
Status: in_force

(1) Notice to a person who may represent and bind another person under this section has the same effect as if notice were given directly to the other person. (2) The consent of a person who may represent and bind another person under this section is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective. (3) The following limitations on the ability to serve as a virtual representative apply: (a) A trustor may not represent and bind a beneficiary under this section with respect to the termination and modification of an irrevocable trust; and (b) Representation of an incapacitated trustor with respect to his or her powers over a trust is subject to the provisions of RCW 11.103.030 , and chapters 11.96A and 11.130 RCW. (4) To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to the particular question or dispute: (a) A guardian may represent and bind the estate that the guardian controls, subject to chapters 11.96A and 11.130 RCW; (b) A guardian of the person may represent and bind the incapacitated person if a guardian of the incapacitated person's estate has not been appointed; (c) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal; (d) A trustee may represent and bind the beneficiaries of the trust; (e) A personal representative of a decedent's estate may represent and bind persons interested in the estate; and (f) A parent may represent and bind the parent's minor or unborn child or children if a guardian for the child or children has not been appointed. (5) Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented with regard to the particular question or dispute. (6) Where an interest has been given to persons who comprise a certain class upon the happening of a certain event, the living persons who would constitute the class as of the date the representation is to be determined may virtually represent all other members of the class as of that date, but only to the extent that there is no conflict of interest between the representative and the person(s) represented with regard to the particular question or dispute. (7) Where an interest has been given to a living person, and the same interest, or a share in it, is to pass to the surviving spouse or surviving domestic partner or to persons who are, or might be, the heirs, issue, or other kindred of that living person or the distributees of the estate of that living person upon the happening of a future event, that living person may virtually represent the surviving spouse or surviving domestic partner, heirs, issue, or other kindred of the person, and the distributees of the estate of the person, but only to the extent that there is no conflict of interest between the representative and the person(s) represented with regard to the particular question or dispute. (8) Except as otherwise provided in subsection (7) of this section, where an interest has been given to a person or a class of persons, or both, upon the happening of any future event, and the same interest or a share of the interest is to pass to another person or class of persons, or both, upon the happening of an additional future event, the living person or persons who would take the interest upon the happening of the first event may virtually represent the persons and classes of persons who might take on the happening of the additional future event, but only to the extent that there is no conflict of interest between the representative and the person(s) represented with regard to the particular question or dispute. (9) To the extent there is no conflict of interest between the holder of the power of appointment and the persons represented with respect to the particular question or dispute, the holder of a lifetime or testamentary power of appointment may virtually represent and bind persons who are permissible appointees or takers in default (but only to the extent that they are permissible appointees in the case of a limited power of appointment) under the power, and who are not permissible distributees as defined in RCW 11.98.002 . (10) The attorney general may virtually represent and bind a charitable organization if: (a) The charitable organization is not a qualified beneficiary as defined in RCW 11.98.002 specified in the trust instrument or acting as trustee; or (b) The charitable organization is a qualified beneficiary, but is not a permissible distributee, as those terms are defined in RCW 11.98.002 , and its beneficial interest in the trust is subject to change by the trustor or by a person designated by the trustor. (11) An action taken by the court is conclusive and binding upon each person receiving actual or constructive notice or who is otherwise represented under this section. (12) This section is intended to adopt the common law concept of virtual representation. This section supplements the common law relating to the doctrine of virtual representation and may not be construed as limiting the application of that common law doctrine.
RCW 11.12.420 — Washington Code / Title 11 / Chapter 12 / Section 420
RCW 11.12.420: Electronic wills—Applicable law.
Status: in_force

An electronic will is a will for all purposes of the law of this state. The law of this state applicable to wills and principles of equity apply to an electronic will, except as modified by RCW 11.12.400 through 11.12.491 .
RCW 11.99.010 — Washington Code / Title 11 / Chapter 99 / Section 010
RCW 11.99.010: Effective date of title.
Status: in_force

This title shall take effect and be in force on and after the first day of July, 1967; except that sections 11.44.055, 11.44.065 , 11.44.070 and 11.44.080 shall take effect on July 1, 1965, and the repeal of the following acts or parts of acts as listed in section 11.99.015 shall also take effect on July 1, 1965, to wit: In subsection (10), section 1444, Code of 1881; in subsection (47), section 95, chapter 156, Laws of 1917; in subsection (48), section 1, chapter 23, Laws of 1919; in subsection (64), section 1, chapter 112, Laws of 1929; in subsection (66), section 123, chapter 180, Laws of 1935; in subsection (71), section 8, chapter 202, Laws of 1939; and in subsection (111), section 83.16.040, chapter 15, Laws of 1961. Except as above provided the procedures herein prescribed shall govern all proceedings in probate brought after the effective date of the title and, also, all further procedure and proceedings in probate then pending, except to the extent that in the opinion of the court their application in particular proceedings or part thereof would not be feasible or would work injustice, in which event the former procedure shall apply.
RCW 11.125.260 — Washington Code / Title 11 / Chapter 125 / Section 260
RCW 11.125.260: Agent authority—General powers.
Status: in_force

Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in RCW 11.125.270 through 11.125.410 or that grants to an agent authority to do all acts that a principal could do pursuant to RCW 11.125.250 (1), a principal authorizes the agent, with respect to that subject, to: (1) Demand, receive, and obtain by litigation or otherwise, declaratory or injunctive relief, money, or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended; (2) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal; (3) Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney; (4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim; (5) Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney; (6) Engage, compensate, and discharge an attorney, accountant, investment manager, expert witness, or other advisor; (7) Prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation; (8) Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal; (9) Access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and (10) Do any lawful act with respect to the subject and all property related to the subject.
RCW 11.90.260 — Washington Code / Title 11 / Chapter 90 / Section 260
RCW 11.90.260: Jurisdiction required by unjustifiable conduct.
Status: in_force

(1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (a) Decline to exercise jurisdiction; (b) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or (c) Continue to exercise jurisdiction after considering: (i) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (ii) Whether it is a more appropriate forum than the court of any other state under the factors set forth in RCW 11.90.250 (3); and (iii) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of RCW 11.90.220 . (2) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorneys' fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
RCW 11.140.160 — Washington Code / Title 11 / Chapter 140 / Section 160
RCW 11.140.160: Limitations of action against custodial trustee.
Status: in_force

(1) Except as provided in subsection (3) of this section, unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee: (a) Who has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within two years after receipt of the final account or statement; or (b) Who has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within three years after the termination of the custodial trust. (2) Except as provided in subsection (3) of this section, a claim for relief to recover from a custodial trustee for fraud, misrepresentation, or concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust, is barred unless an action or proceeding to assert the claim is commenced within five years after the termination of the custodial trust. (3) A claim for relief is not barred by this section if the claimant: (a) Is a minor, until the earlier of two years after the claimant becomes an adult or dies; (b) Is an incapacitated adult, until the earliest of two years after: (i) The appointment of a conservator; (ii) the removal of the incapacity; or (iii) the death of the claimant; or (c) Was an adult, now deceased, who was not incapacitated, until two years after the claimant's death.
RCW 11.130.170 — Washington Code / Title 11 / Chapter 130 / Section 170
RCW 11.130.170: Filing fee.
Status: in_force

(1)(a) The attorney general may petition for the appointment of a guardian, conservator, or other protective arrangement under RCW 11.130.270 , 11.130.365 , and 11.130.595 in which there is cause to believe that a guardianship, conservatorship, or protective arrangement is necessary and no private party is able and willing to petition. (b) Prepayment of a filing fee shall not be required in any guardianship, conservatorship, or protective arrangement proceeding brought by the attorney general. Payment of the filing fee shall be ordered from the estate of the respondent person at the hearing on the merits of the petition, unless in the judgment of the court, such payment would impose a hardship upon the respondent, in which case the filing shall be waived. (2) No filing fee shall be charged by the court for filing a petition for guardianship, conservatorship, or other protective arrangement filed under RCW 11.130.270 , 11.130.365 , and 11.130.595 if the petition alleges that the respondent has total assets of a value of less than three thousand dollars. (3) No filing fee shall be charged by the court for filing a petition for guardianship or conservatorship filed under Article 2 of this chapter, where the potential guardian is a relative and not a professional guardian or conservator.
RCW 11.10.040 — Washington Code / Title 11 / Chapter 10 / Section 040
RCW 11.10.040: Nonprobate assets.
Status: in_force

(1) If abatement is necessary among takers of a nonprobate asset, the court shall adopt the abatement order and limitations set out in RCW 11.10.010 , 11.10.020 , and 11.10.030 , assigning categories in accordance with subsection (2) of this section. (2) A nonprobate transfer must be categorized for purposes of abatement, within the list of priorities set out in RCW 11.10.010 (1), as follows: (a) All nonprobate forms of transfer under which an identifiable nonprobate asset passes to a beneficiary or beneficiaries on the event of the decedent's death, such as, but not limited to, joint tenancies and payable-on-death accounts, are categorized as specific bequests. (b) With respect to all other interests passing under nonprobate forms of transfer, each must be categorized in the manner that is most closely comparable to the nature of the transfer of that interest. (3) If and to the extent that a nonprobate asset is subject to the same obligations as are assets disposed of under the decedent's will, the nonprobate assets abate ratably with the probate assets, within the categories set out in subsection (2) of this section. (4) If the nonprobate instrument of transfer or the decedent's will expresses a different order of abatement, or if the decedent's overall dispositive plan or the express or implied purpose of the transfer would be defeated by the order of abatement stated in subsections (1) through (3) of this section, the nonprobate assets abate as may be found necessary to give effect to the intention of the decedent.
RCW 11.32.050 — Washington Code / Title 11 / Chapter 32 / Section 050
RCW 11.32.050: Not liable to creditors.
Status: in_force

Such special administrator shall not be liable to an action by any creditor of the deceased, and the time for limitation of all suits against the estate shall begin to run from the time of granting letters testamentary or of administration in the usual form, in like manner as if such special administration had not been granted.An affidavit by a person having knowledge of the facts setting forth the fact of the death of the owner and the name of the person or persons entitled to the use of the plot or right of interment pursuant to RCW 68.32.010 through 68.32.040 , is complete authorization to the cemetery authority to permit the use of the unoccupied portions of the plot or interment right by the person entitled to the use of it.
RCW 11.135.005 — Washington Code / Title 11 / Chapter 135 / Section 005
RCW 11.135.005: Short title.
Status: in_force

This chapter may be cited as the uniform electronic estate planning documents act.
RCW 11.05A.030 — Washington Code / Title 11 / Chapter 05A / Section 030
RCW 11.05A.030: Minimum survival requirement—Governing instruments.
Status: in_force

Except as provided in RCW 11.05A.060 and except for a security registered in beneficiary form (TOD) under the Uniform TOD Security Registration Act, for purposes of a provision of a governing instrument that relates to an individual surviving an event, including the death of another individual, an individual who is not established by clear and convincing evidence to have survived the event by one hundred twenty hours is deemed to have predeceased the event.
RCW 11.12.491 — Washington Code / Title 11 / Chapter 12 / Section 491
RCW 11.12.491: Electronic wills—Applicability.
Status: in_force

RCW 11.12.400 through 11.12.490 apply to the electronic will of a decedent who dies on or after January 1, 2022.
RCW 11.04.230 — Washington Code / Title 11 / Chapter 04 / Section 230
RCW 11.04.230: United States savings bond—Effect of death of co-owner.
Status: in_force

If either co-owner of United States savings bonds registered in two names as co-owners (in the alternative) dies without having presented and surrendered the bond for payment to a federal reserve bank or the treasury department, the surviving co-owner will be the sole and absolute owner of the bond.
RCW 11.48.070 — Washington Code / Title 11 / Chapter 48 / Section 070
RCW 11.48.070: Concealed or embezzled property—Proceedings for discovery.
Status: in_force

The court shall have authority to bring before it any person or persons suspected of having in his or her possession or having concealed, embezzled, conveyed, or disposed of any of the property of the estate of decedents or incompetents subject to administration under this title, or who has in his or her possession or within his or her knowledge any conveyances, bonds, contracts, or other writings which contain evidence of or may tend to establish the right, title, interest, or claim of the deceased in and to any property. If such person be not in the county in which the letters were granted, he or she may be cited and examined either before the court of the county where found or before the court issuing the order of citation, and if he or she be found innocent of the charges he or she shall be entitled to recover costs of the estate, which costs shall be fees and mileage of witnesses, statutory attorney's fees, and such per diem and mileage for the person so charged as allowed to witnesses in civil proceedings. Such party may be brought before the court by means of citation such as the court may choose to issue, and if he or she refuses to answer such interrogatories as may be put to him or her touching such matters, the court may commit him or her to the county jail, there to remain until he or she shall be willing to make such answers.
RCW 11.98.200 — Washington Code / Title 11 / Chapter 98 / Section 200
RCW 11.98.200: Beneficiary trustee—Limitations on power.
Status: in_force

Due to the inherent conflict of interest that exists between a trustee and a beneficiary of a trust, unless the terms of a trust refer specifically to RCW 11.98.200 through 11.98.240 and provide expressly to the contrary, the powers conferred upon a trustee who is a beneficiary of the trust, other than the trustor as a trustee, cannot be exercised by the trustee to make: (1) Discretionary distributions of either principal or income to or for the benefit of the trustee, except to provide for the trustee's health, education, maintenance, or support as described under section 2041 or 2514 of the Internal Revenue Code and the applicable regulations adopted under that section; (2) Discretionary allocations of receipts or expenses as between principal and income, unless the trustee acts in a fiduciary capacity whereby the trustee has no power to enlarge or shift a beneficial interest except as an incidental consequence of the discharge of the trustee's fiduciary duties; or (3) Discretionary distributions of either principal or income to satisfy a legal obligation of the trustee. A proscribed power under this section that is conferred upon two or more trustees may be exercised by the trustees that are not disqualified under this section. If there is no trustee qualified to exercise a power proscribed under this section, a person described in RCW 11.96A.080 who is entitled to seek judicial proceedings with respect to a trust may apply to a court of competent jurisdiction to appoint another trustee who would not be disqualified, and the power may be exercised by another trustee appointed by the court. Alternatively, another trustee who would not be disqualified may be appointed in accordance with the provisions of the trust instrument if the procedures are provided, or as set forth in RCW 11.98.039 as if the office of trustee were vacant, or by a nonjudicial dispute resolution agreement under RCW 11.96A.220 .
RCW 11.11.005 — Washington Code / Title 11 / Chapter 11 / Section 005
RCW 11.11.005: Construction.
Status: repealed

(1) When construing sections and provisions of this chapter, the sections and provisions must: (a) Be liberally construed and applied to promote the purposes of this chapter; (b) Be considered part of a general act that is intended as unified coverage of the subject matter, and no part of this chapter may be deemed impliedly repealed by subsequent legislation if the construction can be reasonably avoided; (c) Not be held invalid because of the invalidity of other sections or provisions of this chapter as long as the section or provision in question can be given effect without regard to the invalid section or provision, and to this end the sections or provisions of this chapter are severable; (d) Not be construed by reference to section or subsection headings as used in this chapter, since these do not constitute any part of the law; (e) Not be deemed to alter the community or separate property nature of any asset passing outside a testator's will or any individual's community or separate rights to the asset, and a testator's community or separate property rights to the asset are not affected by whether it passes outside the will or, under this chapter, by disposition under the will; and (f) Not be construed as authorizing or extending the authority of any financial institution or other third party to sell or otherwise create assets that would pass outside a testator's will upon such terms as would contravene any other applicable federal or state law. (2) The sections and provisions of this chapter apply to an owner who dies while a resident of this state on or after July 1, 1999, and to a nonprobate asset the disposition of which on the death of the owner would otherwise be governed by the law of this state.
RCW 11.95A.230 — Washington Code / Title 11 / Chapter 95A / Section 230
RCW 11.95A.230: Substantial compliance with donor-imposed formal requirement.
Status: in_force

A powerholder's substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if: (1) The powerholder knows of and intends to exercise the power; and (2) The powerholder's manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement.
RCW 11.130.260 — Washington Code / Title 11 / Chapter 130 / Section 260
RCW 11.130.260: Health insurance coverage—Conditions.
Status: in_force

(1) In entering or modifying a custody order under this chapter, the court must require one or more parents to maintain or provide health insurance coverage for any dependent child if the following conditions are met: (a) Health insurance that can be extended to cover the child is available to that parent through an employer or other organization; and (b) The employer or other organization offering health insurance will contribute all or a part of the premium for coverage of the child. (2) A parent who is required to extend insurance coverage to a child under this section is liable for any covered health care costs for which the parent receives direct payment from an insurer. (3) This section may not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of medical expenses, medical costs, or insurance premiums which are in addition to and not inconsistent with this section. "Health insurance" as used in this section does not include medical assistance provided under chapter 74.09 RCW.
RCW 11.56.100 — Washington Code / Title 11 / Chapter 56 / Section 100
RCW 11.56.100: Confirmation of sale—Approval—Resale.
Status: in_force

The personal representative making any sale of real estate, either at public or private sale, or sale by negotiation shall within ten days after making such sale file with the clerk of the court his or her return of such sale, the same being duly verified. In the case of a sale by negotiation the personal representative shall publish a notice in one issue of a legal newspaper of the county in which the estate is being administered; such notice shall include the legal description of the property sold, the selling price and the date after which the sale can be confirmed: PROVIDED, That such confirmation date shall be at least ten days after such notice is published. At any time after the expiration of ten days from the publication of such notice, in the case of sale by negotiation, and at any time after the expiration of ten days from the filing of such return, in the case of public or private sale the court may approve and confirm such sale and direct proper instruments of transfer to be executed and delivered. But if the court shall be of the opinion that the proceedings were unfair, or that the sum obtained was disproportionate to the value of the property sold, or if made at private sale or sale by negotiation that it did not sell for at least ninety percent of the appraised value as in RCW 11.56.090 provided, and that a sum exceeding said bid by at least ten percent exclusive of the expense of a new sale, may be obtained, the court may refuse to approve or confirm such sale and may order a resale. On a resale, notice shall be given and the sale shall be conducted in all respects as though no previous sale had been made.
RCW 11.130.220 — Washington Code / Title 11 / Chapter 130 / Section 220
RCW 11.130.220: Standby guardian for minor.
Status: in_force

(1) A standby guardian appointed under this section may act as guardian, with all duties and powers of a guardian under RCW 11.130.230 and 11.130.235 , when no parent of the minor is willing or able to exercise the duties and powers granted to the guardian. (2) A parent of a minor, in a signed record, may nominate a person to be appointed by the court as standby guardian for the minor. The parent, in a signed record, may state desired limitations on the powers to be granted the standby guardian. The parent, in a signed record, may revoke or amend the nomination at any time before the court appoints a standby guardian. (3) The court may appoint a standby guardian for a minor on: (a) Petition by a parent of the minor or a person nominated under subsection (2) of this section; and (b) Finding that, within two years after the appointment, no parent of the minor likely will be able or willing to perform parenting functions as defined in RCW 26.09.004 . (4) A petition under subsection (3)(a) of this section must include the same information required under RCW 11.130.190 for the appointment of a guardian for a minor. (5) On filing a petition under subsection (3)(a) of this section, the petitioner shall: (a) Serve a copy of the petition personally on: (i) The minor, if the minor is twelve years of age or older, and the minor's attorney, if any; (ii) Each parent of the minor; (iii) The person nominated as standby guardian; and (iv) Any other person the court determines; and (b) Include with the copy of the petition served under (a) of this subsection a statement of the right to request appointment of an attorney for the minor or to object to appointment of the standby guardian, and a description of the nature, purpose, and consequences of appointment of a standby guardian. (6) The court may, upon a showing of good cause, order that the information concerning the reasons for the standby guardianship contained in the petition and all subsequently filed pleadings and evidence by any party not be served on the minor if the minor is unrepresented. A minor entitled to service under this subsection may request access to the court pleadings and evidence filed in the court record. (7) A person entitled to notice under subsection (5) of this section, not later than sixty days after service of the petition and statement, may object to appointment of the standby guardian by filing an objection with the court and giving notice of the objection to each other person entitled to notice under subsection (5) of this section. (8) If an objection is filed under subsection (7) of this section, the court shall hold a hearing to determine whether a standby guardian should be appointed and, if so, the person that should be appointed. If no objection is filed, the court may make the appointment. (9) The court may not grant a petition for a standby guardian of the minor if notice substantially complying with subsection (5) of this section is not served on: (a) The minor, if the minor is twelve years of age or older; and (b) Each parent of the minor, unless the court finds by clear and convincing evidence that the parent, in a record, waived the right to notice or cannot be located and served with due diligence. (10) If a petitioner is unable to serve notice under subsection (5) of this section on a parent of the minor or alleges that a parent of the minor waived the right to notice under this section, the court shall appoint a court visitor who shall: (a) Interview the petitioner and the minor; (b) If the petitioner alleges the parent cannot be located and served, ascertain whether the parent cannot be located with due diligence; and (c) Investigate any other matter relating to the petition the court directs. (11) If the court finds under subsection (3) of this section that a standby guardian should be appointed, the following rules apply: (a) The court shall appoint the person nominated under subsection (2) of this section unless the court finds the appointment is contrary to the best interest of the minor. (b) If the parents have nominated different persons to serve as standby 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. (12) An order appointing a standby guardian under this section must state that each parent of the minor is entitled to notice, and identify any other person entitled to notice, if: (a) The standby guardian assumes the duties and powers of the guardian; (b) The guardian delegates custody of the minor; (c) The court modifies or limits the powers of the guardian; or (d) The court removes the guardian. (13) Before assuming the duties and powers of a guardian, a standby guardian must file with the court an acceptance of appointment as guardian and give notice of the acceptance to: (a) Each parent of the minor, unless the parent, in a record, waived the right to notice or cannot be located and served with due diligence; (b) The minor, if the minor is twelve years of age or older; and (c) Any person, other than the parent, having care or custody of the minor. (14) A person that receives notice under subsection (13) of this section or any other person interested in the welfare of the minor may file with the court an objection to the standby guardian's assumption of duties and powers of a guardian. The court shall hold a hearing if the objection supports a reasonable belief that the conditions for assumption of duties and powers have not been satisfied.
RCW 11.104B.280 — Washington Code / Title 11 / Chapter 104B / Section 280
RCW 11.104B.280: Receipts normally apportioned—Deferred compensation, annuities, and similar payments.
Status: in_force

(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Internal income of a separate fund" means the amount determined under subsection (2) of this section. (b) "Marital trust" means a trust: (i) Of which the settlor's surviving spouse is the only current income beneficiary and is entitled to a distribution of all the current net income of the trust; and (ii) That qualifies for a marital deduction with respect to the settlor's estate under 26 U.S.C. Sec. 2056 of the federal internal revenue code of 1986, as amended, as of January 1, 2022, because: (A) An election to qualify for a marital deduction under 26 U.S.C. Sec. 2056(b)(7) of the federal internal revenue code of 1986, as amended, as of January 1, 2022, has been made; or (B) The trust qualifies for a marital deduction under 26 U.S.C. Sec. 2056(b)(5) of the federal internal revenue code of 1986, as amended, as of January 1, 2022. (c) "Payment" means an amount a fiduciary may receive over a fixed number of years or during the life of one or more individuals because of services rendered or property transferred to the payor in exchange for future amounts the fiduciary may receive. The term includes an amount received in money or property from the payor's general assets or from a separate fund created by the payor. (d) "Separate fund" includes a private or commercial annuity, an individual retirement account, and a pension, profit-sharing, stock bonus, or stock ownership plan. (2) For each accounting period, the following rules apply to a separate fund: (a) The fiduciary shall determine the internal income of the separate fund as if the separate fund were a trust subject to this chapter. (b) If the fiduciary cannot determine the internal income of the separate fund under (a) of this subsection (2), the internal income of the separate fund is deemed to equal four percent of the value of the separate fund, according to the most recent statement of value preceding the beginning of the accounting period. (c) If the fiduciary cannot determine the value of the separate fund under (b) of this subsection (2), the value of the separate fund is deemed to equal the present value of the expected future payments, as determined under 26 U.S.C. Sec. 7520 of the federal internal revenue code of 1986, as amended, as of January 1, 2022, for the month preceding the beginning of the accounting period for which the computation is made. (3) A fiduciary shall allocate a payment received from a separate fund during an accounting period to income, to the extent of the internal income of the separate fund during the period, and the balance to principal. (4) The fiduciary of a marital trust shall: (a) Withdraw from a separate fund the amount the current income beneficiary of the trust requests the fiduciary to withdraw, not greater than the amount by which the internal income of the separate fund during the accounting period exceeds the amount the fiduciary otherwise receives from the separate fund during the period; (b) Transfer from principal to income the amount the current income beneficiary requests the fiduciary to transfer, not greater than the amount by which the internal income of the separate fund during the period exceeds the amount the fiduciary receives from the separate fund during the period after the application of (a) of this subsection (2) [(4)]; and (c) Distribute to the current income beneficiary as income: (i) The amount of the internal income of the separate fund received or withdrawn during the period; and (ii) The amount transferred from principal to income under (b) of this subsection (2) [(4)]. (5) For a trust, other than a marital trust, of which one or more current income beneficiaries are entitled to a distribution of all the current net income, the fiduciary shall transfer from principal to income the amount by which the internal income of a separate fund during the accounting period exceeds the amount the fiduciary receives from the separate fund during the period.
RCW 11.96A.160 — Washington Code / Title 11 / Chapter 96A / Section 160
RCW 11.96A.160: Appointment of guardian ad litem.
Status: in_force

(1) The court, upon its own motion or upon request of one or more of the parties, at any stage of a judicial proceeding or at any time in a nonjudicial resolution procedure, may appoint a guardian ad litem to represent the interests of a minor, incapacitated, unborn, or unascertained person, person whose identity or address is unknown, or a designated class of persons who are not ascertained or are not in being. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. (2) The court-appointed guardian ad litem supersedes the special representative if so provided in the court order. (3) The court may appoint the guardian ad litem at an ex parte hearing, or the court may order a hearing as provided in RCW 11.96A.090 with notice as provided in this section and RCW 11.96A.110 . (4) The guardian ad litem is entitled to reasonable compensation for services. Such compensation is to be paid from the principal of the estate or trust whose beneficiaries are represented.
RCW 11.20.090 — Washington Code / Title 11 / Chapter 20 / Section 090
RCW 11.20.090: Admission to probate of foreign will.
Status: in_force

Wills probated in any other state or territory of the United States, or in any foreign country or state, shall be admitted to probate in this state on the production of a copy of such will and of the original record of probate thereof, certified by the attestation of the clerk of the court in which such probation was made; or if there be no clerk, certification by the attestation of the judge thereof, and by the seal of such officers, if they have a seal.
RCW 11.130.570 — Washington Code / Title 11 / Chapter 130 / Section 570
RCW 11.130.570: Termination or modification of conservatorship.
Status: in_force

(1) A conservatorship for a minor terminates on the earliest of: (a) A court order terminating the conservatorship; (b) The minor becoming an adult or, if the minor consents or the court finds by clear and convincing evidence that substantial harm to the minor's interests is otherwise likely, attaining twenty-one years of age; (c) Emancipation of the minor; or (d) Death of the minor. (2) A conservatorship for an adult terminates on order of the court or when the adult dies. (3) An individual subject to conservatorship, the conservator, or a person interested in the welfare of the individual may petition for: (a) Termination of the conservatorship on the ground that a basis for appointment under RCW 11.130.360 does not exist or termination would be in the best interest of the individual or for other good cause; or (b) Modification of the conservatorship on the ground that the extent of protection or assistance granted is not appropriate or for other good cause. (4) The court shall hold a hearing to determine whether termination or modification of a conservatorship is appropriate on: (a) Petition under subsection (3) of this section that contains allegations that, if true, would support a reasonable belief that termination or modification of the conservatorship may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed within the preceding six months; (b) A communication from the individual subject to conservatorship, conservator, or person interested in the welfare of the individual which supports a reasonable belief that termination or modification of the conservatorship may be appropriate, including because the functional needs of the individual or supports or services available to the individual have changed; (c) A report from a guardian or conservator which indicates that termination or modification may be appropriate because the functional needs or supports or services available to the individual have changed or a protective arrangement instead of conservatorship or other less restrictive alternative is available; or (d) A determination by the court that a hearing would be in the best interest of the individual. (5) Notice of a petition under subsection (3) of this section must be given to the individual subject to conservatorship, the conservator, and any such other person the court determines. (6) On presentation of prima facie evidence for termination of a conservatorship, the court shall order termination unless it is proven that a basis for appointment of a conservator under RCW 11.130.360 exists. (7) The court shall modify the powers granted to a conservator if the powers are excessive or inadequate due to a change in the abilities or limitations of the individual subject to conservatorship, the individual's supports, or other circumstances. (8) Unless the court otherwise orders for good cause, before terminating a conservatorship, the court shall follow the same procedures to safeguard the rights of the individual subject to conservatorship which apply to a petition for conservatorship. (9) An individual subject to conservatorship who seeks to terminate or modify the terms of the conservatorship has the right to choose an attorney to represent the individual in this matter. The court shall award reasonable attorneys' fees to the attorney as provided in RCW 11.130.100 . (10) On termination of a conservatorship other than by reason of the death of the individual subject to conservatorship, property of the conservatorship estate passes to the individual. The order of termination must direct the conservator to file a final report and petition for discharge on approval by the court of the final report. (11) On termination of a conservatorship by reason of the death of the individual subject to conservatorship, the conservator shall file a final report and petition for discharge on approval by the court of the final report within ninety days of death of the person subject to conservatorship. On approval of the final report, the conservator shall proceed expeditiously to distribute the conservatorship estate to the individual's estate or as otherwise ordered by the court. The conservator may take reasonable measures necessary to preserve the conservatorship estate until distribution can be made. (12) The court shall issue a final order of discharge on the approval by the court of the final report and satisfaction by the conservator of any other condition the court imposed on the conservator's discharge.
RCW 11.95A.320 — Washington Code / Title 11 / Chapter 95A / Section 320
RCW 11.95A.320: Appointment to taker in default.
Status: in_force

If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property in the same manner and with the same conditions under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee takes under the clause.
RCW 11.20.080 — Washington Code / Title 11 / Chapter 20 / Section 080
RCW 11.20.080: Restraint of personal representative during pendency of application to prove lost or destroyed will.
Status: in_force

If, before or during the pendency of an application to prove a lost or destroyed will, letters of administration shall have been granted on the estate of the testator, or letters testamentary of any previous will of the testator shall have been granted, the court shall have authority to restrain the personal representatives so appointed, from any acts or proceedings which would be injurious to the legatees or devisees claiming under the lost or destroyed will.
RCW 11.20.050 — Washington Code / Title 11 / Chapter 20 / Section 050
RCW 11.20.050: Recording of wills.
Status: in_force

All wills filed with the clerk of the superior court must be noted in the record required to be kept under RCW 36.23.030 (7). They may be withdrawn from the record on the order of the court.
RCW 11.96A.020 — Washington Code / Title 11 / Chapter 96A / Section 020
RCW 11.96A.020: General power of courts—Intent—Plenary power of the court.
Status: in_force

(1) It is the intent of the legislature that the courts shall have full and ample power and authority under this title to administer and settle: (a) All matters concerning the estates and assets of incapacitated, missing, and deceased persons, including matters involving nonprobate assets and powers of attorney, in accordance with this title; and (b) All trusts and trust matters. (2) If this title should in any case or under any circumstance be inapplicable, insufficient, or doubtful with reference to the administration and settlement of the matters listed in subsection (1) of this section, the court nevertheless has full power and authority to proceed with such administration and settlement in any manner and way that to the court seems right and proper, all to the end that the matters be expeditiously administered and settled by the court.
RCW 11.98.078 — Washington Code / Title 11 / Chapter 98 / Section 078
RCW 11.98.078: Trustee duty of loyalty.
Status: in_force

(1) A trustee must administer the trust solely in the interests of the beneficiaries. (2) Subject to the rights of persons dealing with or assisting the trustee as provided in RCW 11.98.105 , a sale, encumbrance, or other transaction involving the investment or management of trust property entered into by the trustee for the trustee's own personal account or which is otherwise affected by a conflict between the trustee's fiduciary and personal interests is voidable by a beneficiary affected by the transaction unless: (a) The transaction was authorized by the terms of the trust; (b) The transaction was approved by the court or approved in a nonjudicial binding agreement in compliance with RCW 11.96A.210 through 11.96A.250 ; (c) The beneficiary did not commence a judicial proceeding within the time allowed by RCW 11.96A.070 ; (d) The beneficiary consented to the trustee's conduct, ratified the transaction, or released the trustee in compliance with RCW 11.98.108 ; or (e) The transaction involves a contract entered into or claim acquired by the trustee before the person became or contemplated becoming trustee. (3)(a) A sale, encumbrance, or other transaction involving the investment or management of trust property is presumed to be "otherwise affected" by a conflict between fiduciary and personal interests under this section if it is entered into by the trustee with: (i) The trustee's spouse or registered domestic partner; (ii) The trustee's descendants, siblings, parents, or their spouses or registered domestic partners; (iii) An agent or attorney of the trustee; or (iv) A corporation or other person or enterprise in which the trustee, or a person that owns a significant interest in the trustee, has an interest that might affect the trustee's best judgment. (b) The presumption is rebutted if the trustee establishes that the conflict did not adversely affect the interests of the beneficiaries. (4) A sale, encumbrance, or other transaction involving the investment or management of trust property entered into by the trustee for the trustee's own personal account that is voidable under subsection (2) of this section may be voided by a beneficiary without further proof. (5) An investment by a trustee in securities of an investment company or investment trust to which the trustee, or its affiliate, provides services in a capacity other than as trustee is not presumed to be affected by a conflict between personal and fiduciary interests if the investment complies with the prudent investor rule of chapter 11.100 RCW. In addition to its compensation for acting as trustee, the trustee may be compensated by the investment company or investment trust for providing those services out of fees charged to the trust. If the trustee receives compensation from the investment company or investment trust for providing investment advisory or investment management services, the trustee must at least annually notify the permissible distributees of the rate and method by which that compensation was determined. The obligation of the trustee to provide the notice described in this section may be waived or modified by the trustor in the trust document or in a separate writing, made at any time, that is delivered to the trustee. (6) The following transactions, if fair to the beneficiaries, cannot be voided under this section: (a) An agreement between a trustee and a beneficiary relating to the appointment or compensation of the trustee; (b) Payment of reasonable compensation to the trustee and any affiliate providing services to the trust, provided total compensation is reasonable; (c) A transaction between a trust and another trust, decedent's estate, or guardianship of which the trustee is a fiduciary or in which a beneficiary has an interest; (d) A deposit of trust money in a regulated financial-service institution operated by the trustee or its affiliate; (e) A delegation and any transaction made pursuant to the delegation from a trustee to an agent that is affiliated or associated with the trustee; or (f) Any loan from the trustee or its affiliate. (7) The court may appoint a special fiduciary to make a decision with respect to any proposed transaction that might violate this section if entered into by the trustee. (8) If a trust has two or more beneficiaries, the trustee must act impartially in administering the trust and distributing the trust property, giving due regard to the beneficiaries' respective interests.
RCW 11.96A.150 — Washington Code / Title 11 / Chapter 96A / Section 150
RCW 11.96A.150: Costs—Attorneys' fees.
Status: in_force

(1) Either the superior court or any court on an appeal may, in its discretion, order costs, including reasonable attorneys' fees, to be awarded to any party: (a) From any party to the proceedings; (b) from the assets of the estate or trust involved in the proceedings; or (c) from any nonprobate asset that is the subject of the proceedings. The court may order the costs, including reasonable attorneys' fees, to be paid in such amount and in such manner as the court determines to be equitable. In exercising its discretion under this section, the court may consider any and all factors that it deems to be relevant and appropriate, which factors may but need not include whether the litigation benefits the estate or trust involved. (2) This section applies to all proceedings governed by this title, including but not limited to proceedings involving trusts, decedent's estates and properties, and guardianship matters. This section shall not be construed as being limited by any other specific statutory provision providing for the payment of costs, including RCW 11.68.070 and 11.24.050 , unless such statute specifically provides otherwise. This section shall apply to matters involving guardians and guardians ad litem.
RCW 11.44.070 — Washington Code / Title 11 / Chapter 44 / Section 070
RCW 11.44.070: Persons assisting in appraisement—Compensation—Refund.
Status: in_force

The personal representative may employ a qualified and disinterested person to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The amount of the fee to be paid to any persons assisting the personal representative in any appraisement shall be determined by the personal representative: PROVIDED HOWEVER, That the reasonableness of any such compensation shall, at the time of hearing on any final account as provided in chapter 11.76 RCW or on a request or petition under RCW 11.68.100 or 11.68.110 , be reviewed by the court in accordance with the provisions of RCW 11.68.100 , and if the court determines the compensation to be unreasonable, a personal representative may be ordered to make appropriate refund.
RCW 11.80.055 — Washington Code / Title 11 / Chapter 80 / Section 055
RCW 11.80.055: Continuation of absentee's business—Performance of absentee's contracts.
Status: in_force

Upon a showing of advantage to the estate of the absentee, the court may authorize the trustee to continue any business of the absentee in accordance with the provisions of RCW 11.48.025 . The trustee may also obtain an order allowing the performance of the absentee's contracts in accordance with the provisions of chapter 11.60 RCW.
RCW 11.12.450 — Washington Code / Title 11 / Chapter 12 / Section 450
RCW 11.12.450: Electronic wills—Self-proving.
Status: in_force

(1) An electronic will may be simultaneously executed, attested, and made self-proving if: (a) The affidavits of the attesting witnesses are affixed to or logically associated with the electronic will; and (b) The qualified custodian maintains custody of the electronic will at all times following execution by the testator and witnesses. (2) The affidavits under subsection (1)(a) of this section must state such facts as the attesting witnesses would be required to testify to in court to prove such electronic will, and must be: (a) Made before an officer authorized to administer oaths or, if fewer than two attesting witnesses are physically present in the same location as the testator at the time of signing under RCW 11.12.440 (1)(b), before an officer authorized under RCW 42.45.280 ; and (b) Evidenced by the officer's certificate under official seal affixed to or logically associated with the electronic will. (3)(a) If made before an officer authorized to administer oaths, the acknowledgment and affidavits under subsection (1) of this section must be in substantially the following form: I, ..... (name), the testator, and, being sworn, declare to the undersigned officer that I sign this instrument as my electronic will, I willingly sign it or willingly direct another individual to sign it for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years of age or older, of sound mind, and under no constraint or undue influence. ..... (signature) Testator We, ..... (name) and ..... (name), witnesses, being sworn, declare to the undersigned officer that the testator signed this instrument as the testator's electronic will, that the testator willingly signed it or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator's signing, and to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence. ..... (signature) Witness ..... (signature) Witness Certificate of officer: State of ..... County of ..... Subscribed, sworn to, and acknowledged before me by ..... (name), the testator, and subscribed and sworn to before me by ..... (name) and ..... (name), witnesses, this ..... day of ....., ..... (Seal) ..... (Signed) ..... (Capacity of officer) (b) If made pursuant to chapter 5.50 RCW, the acknowledgment and affidavits under subsection (1) of this section must be in substantially the following form: I, ..... (name), the testator, declare under penalty of perjury under the law of Washington that the following is true and correct: That I sign this instrument as my electronic will, I willingly sign it or willingly direct another individual to sign it for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years of age or older, of sound mind, and under no constraint or undue influence. ..... (signature) Testator We, ..... (name) and ..... (name), witnesses, declare under penalty of perjury under the law of Washington that the following is true and correct: That the testator signed this instrument as the testator's electronic will, that the testator willingly signed it or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator's signing, and to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence. ..... (signature) Witness ..... (signature) Witness (4) A signature physically or electronically affixed to an affidavit that is affixed to or logically associated with an electronic will under RCW 11.12.400 through 11.12.491 is deemed a signature of the electronic will under RCW 11.12.440 (1).
RCW 11.130.535 — Washington Code / Title 11 / Chapter 130 / Section 535
RCW 11.130.535: Attempted transfer of property by individual subject to conservatorship.
Status: in_force

(1) The interest of an individual subject to conservatorship in property included in the conservatorship estate is not transferable or assignable by the individual and is not subject to levy, garnishment, or similar process for claims against the individual unless allowed under RCW 11.130.555 . (2) If an individual subject to conservatorship enters into a contract after having the right to enter the contract removed by the court, the contract is void against the individual and the individual's property but is enforceable against the person that contracted with the individual. (3) A person other than the conservator that deals with an individual subject to conservatorship with respect to property included in the conservatorship estate is entitled to protection provided by law of this state other than this chapter.
RCW 11.110.010 — Washington Code / Title 11 / Chapter 110 / Section 010
RCW 11.110.010: Purpose of chapter.
Status: in_force

The purpose of this chapter is to facilitate public supervision over the administration of public charitable trusts and similar relationships and to clarify and implement the powers and duties of the attorney general and the secretary of state with relation thereto.
RCW 11.28.150 — Washington Code / Title 11 / Chapter 28 / Section 150
RCW 11.28.150: Revocation of letters by discovery of will.
Status: in_force

If after letters of administration are granted a will of the deceased be found and probate thereof be granted, the letters shall be revoked and letters testamentary or of administration with the will annexed, shall be granted.
RCW 11.08.180 — Washington Code / Title 11 / Chapter 08 / Section 180
RCW 11.08.180: Department of revenue to be furnished copies of documents and pleadings.
Status: in_force

The department of revenue may demand copies of any papers, documents, or pleadings involving the escheat property or the probate thereof deemed by it to be necessary for the enforcement of RCW 11.08.140 through 11.08.280 and it shall be the duty of the administrator or his or her attorney to furnish such copies to the department.
RCW 11.05A.070 — Washington Code / Title 11 / Chapter 05A / Section 070
RCW 11.05A.070: Liability.
Status: in_force

(1) Protection of Payors and Other Third Parties. (a) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a person designated in a governing instrument who, under this chapter, is not entitled to the payment or item of property, or for having taken any other action in good faith reliance on the person's apparent entitlement under the terms of the governing instrument, before the payor or other third party received written notice of a claimed lack of entitlement under this chapter. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed lack of entitlement under this chapter. (b) Written notice of a claimed lack of entitlement under (a) of this subsection must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of a claimed lack of entitlement under this chapter, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate, or if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence. The court shall hold the funds or item of property and, upon its determination under this chapter, shall order disbursement in accordance with the determination. Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court. (2) Protection of Bona Fide Purchasers — Personal Liability of Recipient. (a) A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this chapter to return the payment, item of property, or benefit nor liable under this chapter for the amount of the payment or the value of the item of property or benefit. But a person who, not for value, receives a payment, item of property, or any other benefit to which the person is not entitled under this chapter is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under this chapter. (b) If this chapter or any part of this chapter is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this chapter, a person who, not for value, receives the payment, item of property, or any other benefit to which the person is not entitled under this chapter is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were this chapter or part of this chapter not preempted.
RCW 11.130.345 — Washington Code / Title 11 / Chapter 130 / Section 345
RCW 11.130.345: Guardian's report—Monitoring of guardianship.
Status: in_force

(1) A guardian for an adult shall file with the court by the date established by the court a report in a record regarding the condition of the adult and accounting for funds and other property in the guardian's possession or subject to the guardian's control. The guardian shall provide a copy of the report to the adult subject to guardianship and any other notice party. (2) A report under subsection (1) of this section must state or contain: (a) The mental, physical, and social condition of the adult; (b) The living arrangements of the adult during the reporting period; (c) A summary of the supported decision making, technological assistance, medical services, educational and vocational services, and other supports and services provided to the adult and the guardian's opinion as to the adequacy of the adult's care; (d) A summary of the guardian's visits with the adult, including the dates of the visits; (e) Action taken on behalf of the adult; (f) The extent to which the adult has participated in decision making; (g) If the adult is living in a care setting, whether the guardian considers the facility's current plan for support, care, treatment, or habilitation consistent with the adult's preferences, values, prior directions, and best interests; (h) Anything of more than de minimis value which the guardian, any individual who resides with the guardian, or the spouse, domestic partner, parent, child, or sibling of the guardian has received from an individual providing goods or services to the adult. A professional guardian must abide by the standards of practice regarding the acceptance of gifts; (i) If the guardian delegated a power to an agent, the power delegated and the reason for the delegation; (j) Any business relation the guardian has with a person the guardian has paid or that has benefited from the property of the adult; (k) A copy of the guardian's most recently approved plan under RCW 11.130.340 and a statement whether the guardian has deviated from the plan and, if so, how the guardian has deviated and why; (l) Plans for future care and support of the adult; (m) A recommendation as to the need for continued guardianship and any recommended change in the scope of the guardianship; and (n) Whether any co-guardian or successor guardian appointed to serve when a designated event occurs is alive and able to serve. (3) The court may appoint a court visitor to review a report submitted under this section or a guardian's plan submitted under RCW 11.130.340 , interview the guardian or adult subject to guardianship, or investigate any other matter involving the guardianship. (4) Notice of the filing under this section of a guardian's report, together with a copy of the report, must be given to the adult subject to guardianship and any other notice party. The notice and report must be given not later than fourteen days after the filing. (5) The court shall establish procedures for monitoring a report submitted under this section and review each report to determine whether: (a) The report provides sufficient information to establish the guardian has complied with the guardian's duties; (b) The guardianship should continue; and (c) The guardian's requested fees, if any, should be approved. (6) If the court determines there is reason to believe a guardian for an adult has not complied with the guardian's duties or the guardianship should be modified or terminated, the court: (a) Shall notify the adult, the guardian, and any other person entitled to notice under RCW 11.130.310 (5) or a subsequent order; (b) May require additional information from the guardian; (c) May appoint a court visitor to interview the adult or guardian or investigate any matter involving the guardianship; and (d) Consistent with this section and RCW 11.130.350 , may hold a hearing to consider removal of the guardian, termination of the guardianship, or a change in the powers granted to the guardian or terms of the guardianship. (7) If the court has reason to believe fees requested by a guardian for an adult are not reasonable, the court shall hold a hearing to determine whether to adjust the requested fees. (8) A guardian for an adult must petition the court for approval of a report filed under this section. The court after review may approve the report. If the court approves the report, there is a rebuttable presumption the report is accurate as to a matter adequately disclosed in the report. (9) If the court approves a report filed under this section, the order approving the report shall set the due date for the filing of the next report to be filed under this section. The court may set the review interval at annual, biennial, or triennial with the report due date to be within ninety days of the anniversary date of appointment. When determining the report interval, the court can consider: The length of time the guardian has been serving the person under guardianship; whether the guardian has timely filed all required reports with the court; whether the guardian is monitored by other state or local agencies; and whether there have been any allegations of abuse, neglect, or a breach of fiduciary duty against the guardian. (10) If the court approves a report filed under this section, the order approving the report shall contain a guardianship summary or be accompanied by a guardianship summary in the form or substantially in the same form as set forth in RCW 11.130.665 . (11) If the court approves a report filed under this section, the order approving the report shall direct the clerk of the court to reissue letters of office in the form or substantially in the same form as set forth in RCW 11.130.660 to the guardian containing an expiration date which will be within 180 days of the anniversary date of appointment. (12) Any requirement to establish a monitoring program under this section is subject to appropriation.
RCW 11.76.160 — Washington Code / Title 11 / Chapter 76 / Section 160
RCW 11.76.160: Liability of personal representative.
Status: in_force

Whenever a decree shall have been made by the court for the payment of creditors, the personal representative shall be personally liable to each creditor for his or her claim or the dividend thereon, except when his or her inability to make the payment thereof from the property of the estate shall result without fault upon his or her part. The personal representative shall likewise be liable on his or her bond to each creditor.
RCW 11.140.130 — Washington Code / Title 11 / Chapter 140 / Section 130
RCW 11.140.130: Declination, resignation, incapacity, death, or removal of custodial trustee, designation of successor custodial trustee.
Status: in_force

(1) Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor, or the transferor's legal representative. If an event giving rise to a transfer has not occurred, the substitute custodial trustee designated under RCW 11.140.030 becomes the custodial trustee, or, if a substitute custodial trustee has not been designated, the person who made the designation may designate a substitute custodial trustee pursuant to RCW 11.140.030 . In other cases, the transferor or the transferor's legal representative may designate a substitute custodial trustee. (2) A custodial trustee who has accepted the custodial trust property may resign by: (a) Delivering written notice to a successor custodial trustee, if any, the beneficiary, and, if the beneficiary is incapacitated, the beneficiary's conservator, if any; and (b) transferring or registering, or recording an appropriate instrument relating to, the custodial trust property, in the name of, and delivering the records to, the successor custodial trustee identified under subsection (3) of this section. (3) If a custodial trustee or successor custodial trustee is ineligible, resigns, dies, or becomes incapacitated, the successor designated under RCW 11.140.020 (7) or 11.140.030 becomes custodial trustee. If there is no effective provision for a successor, the beneficiary, if not incapacitated, may designate a successor custodial trustee. If the beneficiary is incapacitated, or fails to act within 90 days after the ineligibility, resignation, death, or incapacity of the custodial trustee, the beneficiary's conservator becomes successor custodial trustee. If the beneficiary does not have a conservator or the conservator fails to act, the resigning custodial trustee may designate a successor custodial trustee. (4) If a successor custodial trustee is not designated pursuant to subsection (3) of this section, the transferor, the legal representative of the transferor or of the custodial trustee, an adult member of the beneficiary's family, the guardian of the beneficiary, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary, may petition the court to designate a successor custodial trustee. (5) A custodial trustee who declines to serve or resigns, or the legal representative of a deceased or incapacitated custodial trustee, as soon as practicable, shall put the custodial trust property and records in the possession and control of the successor custodial trustee. The successor custodial trustee may enforce the obligation to deliver custodial trust property and records and becomes responsible for each item as received. (6) A beneficiary, the beneficiary's conservator, an adult member of the beneficiary's family, a guardian of the person of the beneficiary, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary, may petition the court to remove the custodial trustee for cause and designate a successor custodial trustee, to require the custodial trustee to furnish a bond or other security for the faithful performance of fiduciary duties, or for other appropriate relief.
RCW 11.106.050 — Washington Code / Title 11 / Chapter 106 / Section 050
RCW 11.106.050: Account filed—Return day—Notice.
Status: in_force

When any account has been filed pursuant to RCW 11.106.030 or 11.106.040 , the clerk of the court where filed shall fix a return day therefor as provided in RCW 11.96A.100 (4) and issue a notice. The notice shall state the time and place for the return date, the name or names of the trustee or trustees who have filed the account, that the account has been filed, that the court is asked to settle the account, and that any objections or exceptions to the account must be filed with the clerk of the court on or before the return date. The notice shall be given as provided for notices under RCW 11.96A.110 .
RCW 11.130.665 — Washington Code / Title 11 / Chapter 130 / Section 665
RCW 11.130.665: Guardianship/conservatorship summary.
Status: in_force

The guardianship/conservatorship summary shall be in or substantially similar form: GUARDIANSHIP/CONSERVATORSHIP SUMMARY Date Guardian/Conservator Appointed: . . . . Due Date for Report and Accounting: . . . . Date of Next Review: . . . . Letters Expire On: . . . . Bond Amount: $. . . . Restricted Account Agreements Required: . . . . Due Date for Inventory, if applicable: . . . . Due Date for Guardian's Plan, if applicable: . . . . Person subject to guardianship/conservatorship Guardian/Conservator Name: Name: Address: Address: Phone: Phone: Facsimile: Facsimile: Interested Parties Address Relation
RCW 11.125.250 — Washington Code / Title 11 / Chapter 125 / Section 250
RCW 11.125.250: Agent—General authority—When created—When can be modified.
Status: in_force

(1) Subject to the provisions of RCW 11.125.240 , if a power of attorney grants to an agent authority to do all acts that a principal could do or contains words of similar effect, the agent has the general authority described in RCW 11.125.260 through 11.125.410 . (2) An agent has authority described in chapter 209, Laws of 2016 if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in RCW 11.125.270 through 11.125.410 or cites the section in which the authority is described. (3) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in RCW 11.125.270 through 11.125.410 or a citation to a section of RCW 11.125.270 through 11.125.410 incorporates the entire section as if it were set out in full in the power of attorney. (4) A principal may modify authority incorporated by reference.
RCW 11.108.020 — Washington Code / Title 11 / Chapter 108 / Section 020
RCW 11.108.020: Marital deduction gift—Compliance with Internal Revenue Code—Fiduciary powers.
Status: in_force

(1) If a governing instrument contains a marital deduction gift, the governing instrument shall be construed to comply with the marital deduction provisions of the Internal Revenue Code in every respect. (2) If a governing instrument contains a marital deduction gift, any fiduciary operating under the governing instrument has all the powers, duties, and discretionary authority necessary to comply with the marital deduction provisions of the Internal Revenue Code. The fiduciary shall not take any action or have any power that may impair that deduction, but this does not require the fiduciary to make the elections under either section 2056(b)(7) or 2523(f) of the Internal Revenue Code that is referred to in RCW 11.108.025 .
RCW 11.28.280 — Washington Code / Title 11 / Chapter 28 / Section 280
RCW 11.28.280: Successor personal representative.
Status: in_force

Except as otherwise provided in RCW 11.28.270 , if a personal representative of an estate dies or resigns or the letters are revoked before the settlement of the estate, letters testamentary or letters of administration of the estate remaining unadministered shall be granted to those to whom the letters would have been granted if the original letters had not been obtained, or the person obtaining them had renounced administration, and the successor personal representative shall perform like duties and incur like liabilities as the preceding personal representative, unless the decedent provided otherwise in a duly probated will or unless the court orders otherwise. A succeeding personal representative may petition for nonintervention powers under chapter 11.68 RCW.
RCW 11.98.005 — Washington Code / Title 11 / Chapter 98 / Section 005
RCW 11.98.005: Trust situs and governing law.
Status: in_force

(1) If provisions of a trust instrument designate Washington as the situs of the trust or designate Washington law to govern the trust or any of its terms, then the situs of the trust is Washington provided that one of the following conditions is met: (a) A trustee has a place of business in or a trustee is a resident of Washington; or (b) More than an insignificant part of the trust administration occurs in Washington; or (c) The trustor resides in Washington at the time situs is being established, or resided in Washington at the time the trust became irrevocable; or (d) One or more of the qualified beneficiaries resides in Washington; or (e) An interest in real property located in Washington is an asset of the trust. (2)(a) Unless the trust instrument designates a state other than Washington as the situs of the trust and does not expressly authorize transfer of situs, the trustee may register the trust as a Washington trust if any of the factors in subsection (1)(a) through (e) of this section are present. The trustee must register the trust by filing with the clerk of the court in any county where venue lies for the trust under RCW 11.96A.050 , a statement including the following information: (i) The name and address of the trustee; (ii) The date of the trust, name of the trustor, and name of the trust, if any; (iii) The factor or factors listed in subsection (1)(a) through (e) of this section that are present for the trust and which qualify the trust for registration. (b) Within five days of filing the registration with the court, the trustee must mail a copy of the registration to each qualified beneficiary who has not waived notice of the registration, in writing, filed in the cause, together with a notice that must be in substantially the same form as set forth in this section. Persons receiving such notice have thirty days from the date of filing the registration to file a petition in the court objecting to such registration and requesting the court to issue an order that Washington is not the proper situs of the trust, and to serve a copy of such petition upon the trustee or the trustee's lawyer. If a petition objecting to the registration is filed within thirty days of the date of filing the registration, the trustee must request the court to fix a time and place for the hearing of the petition and notify by mail, personal service or electronic transmission, if a valid consent to electronic transmission is in effect under the terms of RCW 11.96A.110 , all qualified beneficiaries of the time and place of the hearing, not less than ten days before the hearing on the petition. (c) Unless a person receiving notice of the registration files a petition with the court objecting to the registration within thirty days of the date of filing the registration, the registration will be deemed the equivalent of an order entered by the court declaring that the situs of the trust is Washington. After expiration of the thirty-day period following filing of the registration, the trustee may obtain a certificate of registration signed by the clerk, and issued under the seal of the court, which may be in the form specified in (d) of this subsection. (d) Notice of registration and certificates of registration may be in the following form: (i) Notice form: NOTICE OF FILING OF REGISTRATION OF [NAME AND DATE OF TRUST] AS A WASHINGTON TRUST NOTICE IS GIVEN that the attached Registration of Trust was filed by the undersigned in the above-entitled court on the . . . . day of . . . . . ., 20. . .; unless you file a petition in the above-entitled court objecting to such registration and requesting the court to issue an order that Washington is not the proper situs of the trust, and serve a copy thereof upon the trustee or the trustee's lawyer, within thirty days after the date of the filing, the registration will be deemed the equivalent of an order entered by the court declaring that the situs of the trust is Washington. If you file and serve a petition within the period specified, the undersigned will request the court to fix a time and place for the hearing of your petition, and you will be notified of the time and place thereof, by mail, or personal service, not less than ten days before the hearing on the petition. (ii) Certificate of Registration: State of Washington, County of . . . . . . In the superior court of the county of . . . . . . Whereas, the attached Registration of Trust was filed with this court on . . . ., the attached Notice of Filing Registration of Trust and Affidavit of Mailing Notice of Filing Registration of Trust were filed with this court on . . . ., and no objections to such Registration have been filed with this court, the trust known as . . . ., under trust agreement dated . . . ., between . . . . as Trustor and . . . . as Trustee, is hereby registered as a Washington trust. Witness my hand and the seal of said court this . . . day of . . . . . ., 20 . . .. (3) If the instrument establishing a trust does not designate any jurisdiction as the situs or designate any jurisdiction's governing law to apply to the trust, and the trustee of the trust has not registered the trust as allowed in subsection (2) of this section, the situs of the trust is Washington if situs has not previously been established by any court proceeding and the additional conditions specified in this subsection (3) are met. (a) For a testamentary trust, the situs of the trust is Washington if: (i) The will was admitted to probate in Washington; or (ii) The will has not been admitted to probate in Washington, but any trustee of the trust resides or has a place of business in Washington, any qualified beneficiary resides in Washington, or any real property that is an asset of the trust is located in Washington. (b) For an inter vivos trust, the situs of the trust is Washington if: (i) The trustor is living and Washington is the trustor's domicile or any of the trustees reside in or have a place of business in Washington; or (ii) The trustor is deceased; and: (A) The trustor's will was admitted to probate in Washington; or (B) The trustor's will was not admitted to probate in Washington, but any qualified beneficiary resides in Washington, any trustee resides or has a place of business in Washington, or any real property that is an asset of the trust is located in Washington. (c) If the situs of the trust is not determined under (a) or (b) of this subsection, the determination regarding the situs of the trust is a matter for purposes of RCW 11.96A.030 . Whether Washington is the situs must be determined by a court in a judicial proceeding conducted under RCW 11.96A.080 if: (i) A trustee has a place of business in or a trustee is a resident of Washington; or (ii) More than an insignificant part of the trust administration occurs in Washington; or (iii) One or more of the qualified beneficiaries resides in Washington; or (iv) An interest in real property located in Washington is an asset of the trust. (d) Determination of situs under (c) of this subsection (3) cannot be made by nonjudicial agreement under RCW 11.96A.220 .
RCW 11.56.180 — Washington Code / Title 11 / Chapter 56 / Section 180
RCW 11.56.180: Sale of decedent's contract interest in land.
Status: in_force

If the deceased person at the time of his or her death was possessed of a contract for the purchase of lands, his or her interest in such lands under such contract may be sold on the application of his or her personal representative in the same manner as if he or she died seized of such lands; and the same proceedings may be had for that purpose as are prescribed in this title in respect to lands of which he or she died seized, except as hereinafter provided.
RCW 11.90.220 — Washington Code / Title 11 / Chapter 90 / Section 220
RCW 11.90.220: Appointing a guardian or issuing a protective order.
Status: in_force

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) This state is the respondent's home state; (2) On the date the petition is filed, this state is a significant-connection state and: (a) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or (b) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order: (i) A petition for an appointment or order is not filed in the respondent's home state; (ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and (iii) The court in this state concludes that it is an appropriate forum under the factors set forth in RCW 11.90.250 ; (3) This state does not have jurisdiction under either subsection (1) or (2) of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or (4) The requirements for special jurisdiction under RCW 11.90.230 are met.
RCW 11.84.100 — Washington Code / Title 11 / Chapter 84 / Section 100
RCW 11.84.100: Insurance proceeds.
Status: in_force

(1) Insurance proceeds payable to the slayer or abuser as the beneficiary or assignee of any policy or certificate of insurance on the life of the decedent, or as the survivor of a joint life policy, shall be paid instead to the estate of the decedent, unless the policy or certificate designate some person other than the slayer or abuser or his or her estate as secondary beneficiary to him or her and in which case such proceeds shall be paid to such secondary beneficiary in accordance with the applicable terms of the policy. (2) If the decedent is beneficiary or assignee of any policy or certificate of insurance on the life of the slayer or abuser, the proceeds shall be paid to the estate of the decedent upon the death of the slayer or abuser, unless the policy names some person other than the slayer or abuser or his or her estate as secondary beneficiary, or unless the slayer or abuser by naming a new beneficiary or assigning the policy performs an act which would have deprived the decedent of his or her interest in the policy if he or she had been living.
RCW 11.130.565 — Washington Code / Title 11 / Chapter 130 / Section 565
RCW 11.130.565: Removal of conservator—Appointment of successor.
Status: in_force

(1) The court may remove a conservator for failure to perform the conservator's duties or other good cause and appoint a successor conservator to assume the duties of the conservator. (2) The court shall hold a hearing to determine whether to remove a conservator and appoint a successor on: (a) Petition of the individual subject to conservatorship, conservator, or person interested in the welfare of the individual which contains allegations that, if true, would support a reasonable belief that removal of the conservator and appointment of a successor may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months; (b) Communication from the individual subject to conservatorship, conservator, or person interested in the welfare of the individual which supports a reasonable belief that removal of the conservator and appointment of a successor may be appropriate; or (c) Determination by the court that a hearing would be in the best interest of the individual subject to conservatorship. (3) Notice of a hearing under subsection (2)(a) of this section and notice of the individual's right to be represented at the hearing by counsel of the individual's choosing must be given to the individual subject to conservatorship, the conservator, and any other person the court determines. (4) An individual subject to conservatorship who seeks to remove the conservator and have a successor appointed has the right to choose an attorney to represent the individual in this matter. The court shall award reasonable attorneys' fees to the attorney as provided in RCW 11.130.100 . (5) In selecting a successor conservator, the court shall follow the priorities under RCW 11.130.415 . (6) Not later than fourteen days after appointing a successor conservator, the successor conservator shall give notice of the appointment to the individual subject to conservatorship and any person entitled to notice under RCW 11.130.420 (6) or a subsequent order.
RCW 11.107.070 — Washington Code / Title 11 / Chapter 107 / Section 070
RCW 11.107.070: Decanting statute—Specific prohibitions.
Status: in_force

(1) A trustee may not exercise the decanting power to the extent the first trust instrument expressly prohibits exercise of the decanting power or a power granted by state law to the trustee to modify the trust including, but not limited to, modification pursuant to chapter 11.96A RCW, and any exercise of the decanting power is subject to the prohibition and the prohibition must be included in the second trust instrument or modified first trust instrument. If the first trust instrument contains an express restriction on exercise of the decanting power or such a power to modify the trust, the exercise of the decanting power is subject to the restriction and the restriction must be included in the second trust instrument or modified first trust instrument. (2)(a) Whether or not a first trust instrument specifies a trustee's compensation, the trustee may not exercise the decanting power to increase the trustee's compensation beyond any compensation specified or above the compensation permitted by RCW 11.98.070 (26) unless: (i) All qualified beneficiaries of the second trust consent to the increase in a signed record; or (ii) The increase is approved by the court. (b) A change in a trustee's compensation which is incidental to other changes made by the exercise of the decanting power is not an increase in the trustee's compensation for purposes of this subsection (2). (3) Except as otherwise provided in subsection (2)(a)(i) or (ii) or (b) of this section, a second trust instrument may not relieve a trustee from liability for breach of trust to a greater extent than the first trust instrument. (a) A second trust instrument may provide for indemnification of a trustee of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised. (b) A second trust instrument may not reduce fiduciary liability in the aggregate. (c) Subject to (b) of this subsection, a second trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees or statutory trust advisors, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by law of this state other than this chapter. This includes but is not limited to directed trusts. (4) A trustee may not exercise the decanting power to modify a provision in the first trust instrument granting another person power to remove or replace the trustee unless: (a) All qualified beneficiaries of the second trust consent to the modification in a signed record; or (b) The court approves the modification and the modification grants a substantially similar power to another person. (5) A second trust may have a duration that is the same as or different from the duration of the first trust. Notwithstanding the foregoing, to the extent that income and principal of a second trust is attributable to income and principal of the first trust, the second trust is subject to any maximum perpetuity, accumulation, or suspension of the power of alienation rules that were applicable to income and principal of the first trust. (6) If a first trust contains a charitable interest, the attorney general has the rights of a qualified beneficiary and may represent and bind the charitable interest and the attorney general has the authority to participate in any proceedings in accordance with chapter 11.110 RCW. If a first trust contains a charitable interest, the second trusts, in the aggregate, may not: (a) Diminish the charitable interest; (b) Diminish the interest of any entity that holds the charitable interest; or (c) Alter any charitable purpose stated in the first trust instrument. (7) If the first trust contains assets that qualified, or would have qualified but for the provisions of this chapter other than this subsection, for a tax benefit as defined in this subsection, the second trust instrument must not include or omit a term which would have prevented the first trust from qualifying in the same manner for, or would have reduced the amount of, that tax benefit. (a) For the purposes of this subsection, "tax benefit" includes any federal or state tax deduction, exemption, exclusion, or other tax benefit under federal or state statute, regulation, or other law, except for the benefit of being a grantor trust other than under Title 26 U.S.C. Sec. 672(f)(2)(A) of the federal internal revenue code, as amended, as of July 23, 2017, including but not limited to the following: (i) The marital deduction for gift, estate, or inheritance tax purposes, including but not limited to the deductions under Title 26 U.S.C. Sec. 2056 of the federal internal revenue code, as amended, as of July 23, 2017, and RCW 83.100.047 ; (ii) The charitable deduction for purposes of the income, gift, or estate tax under the internal revenue code or a state income, gift, estate, or inheritance tax; (iii) The exclusion from the gift tax described in 26 U.S.C. Sec. 2503(b), including by application of Title 26 U.S.C. Sec. 2503(c) of the internal revenue code, as amended; (iv) Status as a permitted shareholder in an S corporation, as defined in Title 26 U.S.C. Sec. 1361 of the federal internal revenue code, as amended, as of July 23, 2017, including as a qualified subchapter S trust within the meaning of Title 26 U.S.C. Sec. 1361(c)(2) of the federal internal revenue code; (v) Qualification for a zero inclusion ratio for purposes of the generation-skipping transfer tax under Title 26 U.S.C. Sec. 2642(c) of the federal internal revenue code, as amended, as of July 23, 2017; (vi) Meeting required minimum distribution and any similar requirements under Title 26 U.S.C. Sec. 401(a)(9) of the federal internal revenue code, as amended, as of July 23, 2017, and any applicable regulations; or (vii) Qualification as a grantor trust because of the application of Title 26 U.S.C. Sec. 672(f)(2)(A) of the federal internal revenue code, as amended, as of July 23, 2017. (b) Subject to (a)(vii) of this subsection, the second trust may be a nongrantor trust, even if the first trust is a grantor trust, and except as otherwise provided in this subsection (7)(b) the second trust may be a grantor trust, even if the first trust is a nongrantor trust. The trustee may not exercise the decanting power if the settlor objects in a written instrument delivered to the trustee within the notice period under RCW 11.107.040 (1)(c); and (i)(A) The first trust and second trust are both grantor trusts, in whole or in part; (B) The first trust grants the settlor or another person the power to cause the first trust to cease to be a grantor trust; and (C) The second trust does not grant an equivalent power to the settlor or other person; or (ii) The first trust is a nongrantor trust and the second trust is a grantor trust, in whole or in part, with respect to the settlor unless: (A) The settlor has the power at all times to cause the second trust to cease to be a grantor trust; or (B) The first trust instrument contains a provision granting the settlor or another person the power to cause the first trust to cease to be a grantor trust and the second trust instrument contains the same provision. (8) A trustee may not exercise the decanting power if RCW 11.98.200 applies to the first trust and exercise would cause RCW 11.98.200 not to apply to the second trust or modified first trust instrument. (9) A general prohibition of the amendment or revocation of a first trust, a spendthrift clause, or a clause restraining the voluntary or involuntary transfer of a beneficiary's interest does not preclude exercise of the decanting power.
RCW 11.96A.240 — Washington Code / Title 11 / Chapter 96A / Section 240
RCW 11.96A.240: Judicial approval of agreement.
Status: in_force

Within thirty days of execution of the agreement by all parties, the special representative may note a hearing for presentation of the written agreement to a court of competent jurisdiction. The special representative shall provide notice of the time and date of the hearing to each party to the agreement whose address is known, unless such notice has been waived. Proof of mailing or delivery of the notice must be filed with the court. At such hearing the court shall review the agreement on behalf of the parties represented by the special representative. The court shall determine whether or not the interests of the represented parties have been adequately represented and protected, and an order declaring the court's determination shall be entered. If the court determines that such interests have not been adequately represented and protected, the agreement shall be declared of no effect.
RCW 11.90.410 — Washington Code / Title 11 / Chapter 90 / Section 410
RCW 11.90.410: Procedures for transfer of guardianship or conservatorship to Washington.
Status: in_force

(1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to RCW 11.90.400 , the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer. (2) Notice of a petition under subsection (1) of this section must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state. (3) On the court's own motion or on request of the guardian or conservator, the person under a guardianship, person under a conservatorship, or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (1) of this section. (4) The court shall issue an order provisionally granting a petition filed under subsection (1) of this section unless: (a) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the person under a guardianship, person under a conservatorship, or protected person; or (b) The guardian or conservator is ineligible for appointment in this state. (5) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to RCW 11.90.400 transferring the proceeding to this state. (6) Not later than ninety days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state. (7) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the person under a guardianship, person under a conservatorship, or protected person's incapacity and the appointment of the guardian or conservator. (8) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
RCW 11.08.111 — Washington Code / Title 11 / Chapter 08 / Section 111
RCW 11.08.111: Property of deceased inmates of state institutions—Disposition within two years.
Status: in_force

Prior to the expiration of the two-year period provided for in RCW 11.08.101 , the superintendent may transfer such money or property in his or her possession, upon request and satisfactory proof submitted to him or her, to the following designated persons: (1) To the personal representative of the estate of such deceased inmate; or (2) To the successor or successors defined in RCW 11.62.005 , where such money and property does not exceed the amount specified in RCW 6.13.030 , and the successor or successors shall have furnished proof of death and an affidavit made by said successor or successors meeting the requirements of RCW 11.62.010 ; or (3) In the case of money, to the person who may have deposited such money with the superintendent for the use of the decedent, where the sum involved does not exceed one thousand dollars; or (4) To the department of social and health services, when there are moneys due and owing from such deceased person's estate for the cost of his or her care and maintenance at a state institution: PROVIDED, That transfer of such money or property may be made to the person first qualifying under this section and such transfer shall exonerate the superintendent from further responsibility relative to such money or property: AND PROVIDED FURTHER, That upon satisfactory showing the funeral expenses of such decedent are unpaid, the superintendent may pay up to one thousand dollars from said deceased inmate's funds on said obligation.
RCW 11.20.070 — Washington Code / Title 11 / Chapter 20 / Section 070
RCW 11.20.070: Proof of lost or destroyed will.
Status: in_force

(1) If a will has been lost or destroyed under circumstances such that the loss or destruction does not have the effect of revoking the will, or is an electronic will, custody of which has not been maintained by a qualified custodian, the court may take proof of the execution and validity of the will and establish it, notice to all persons interested having been first given. The proof must be reduced to writing and signed by any witnesses who have testified as to the execution and validity, and must be filed with the clerk of the court. (2) The provisions of a lost or destroyed will, or an electronic will, custody of which has not been maintained by a qualified custodian, must be proved by clear, cogent, and convincing evidence, consisting at least in part of a witness to either its contents or the authenticity of a copy of the will. (3) When a lost or destroyed will, or an electronic will, custody of which has not been maintained by a qualified custodian, is established under subsections (1) and (2) of this section, its provisions must be distinctly stated in the judgment establishing it, and the judgment must be recorded as wills are required to be recorded. A personal representative may be appointed by the court in the same manner as is herein provided with reference to original wills presented to the court for probate.
RCW 11.02.120 — Washington Code / Title 11 / Chapter 02 / Section 120
RCW 11.02.120: Transfer of shares—Liability.
Status: in_force

Neither a domestic or foreign corporation or its registrar or transfer agent shall be liable for transferring or causing to be transferred on the books of the corporation to or pursuant to the direction of the surviving spouse or the surviving domestic partner any share or shares or other securities theretofore issued by the corporation to the deceased or surviving spouse or both, or to the deceased or surviving domestic partner or both, if the corporation or its registrar or transfer agent shall be provided with the following: (1) A copy of an agreement which shall have been entered into between the spouses or between the domestic partners pursuant to RCW 26.16.120 and certified by the auditor of the county in this state in whose office the same shall have been recorded; (2) A certified copy of the death certificate of the deceased spouse or deceased domestic partner; (3) An affidavit of the surviving spouse or surviving domestic partner that: (a) The shares or other securities constituted community property of the spouses or the domestic partners at date of death of the deceased spouse or deceased domestic partner and their disposition is controlled by the community property agreement; (b) No proceedings have been instituted to contest or set aside or cancel the agreement; and that (c) The claims of creditors have been paid or provided for.
RCW 11.08.120 — Washington Code / Title 11 / Chapter 08 / Section 120
RCW 11.08.120: Property of deceased inmates of state institutions—Sale—Disposition of proceeds.
Status: in_force

The property, other than money, of such deceased inmate remaining in the custody of a superintendent of a state institution after the expiration of the above two-year period may be forwarded to the department of corrections at its request and may be appraised and sold at public auction to the highest bidder in the manner and form as provided for public sales of personal property, and all moneys realized upon such sale, after deducting the expenses thereof, shall be paid into the general fund of the state treasury.
RCW 11.104B.100 — Washington Code / Title 11 / Chapter 104B / Section 100
RCW 11.104B.100: Unitrusts—Definitions.
Status: in_force

The definitions in this section apply throughout this article unless the context clearly requires otherwise. (1) "Applicable value" means the amount of the net fair market value of a trust taken into account under RCW 11.104B.160 . (2) "Express unitrust" means a trust for which, under the terms of the trust without regard to this article, income or net income must or may be calculated as a unitrust amount. (3) "Income trust" means a trust that is not a unitrust. (4) "Net fair market value of a trust" means the fair market value of the assets of the trust, less the noncontingent liabilities of the trust. (5) "Unitrust" means a trust for which net income is a unitrust amount. The term includes an express unitrust. (6) "Unitrust amount" means an amount computed by multiplying a determined value of a trust by a determined percentage. For a unitrust administered under a unitrust policy, the term means the applicable value, multiplied by the unitrust rate. (7) "Unitrust policy" means a policy described in RCW 11.104B.140 through 11.104B.180 and adopted under RCW 11.104B.120 . (8) "Unitrust rate" means the rate used to compute the unitrust amount under subsection (6) of this section for a unitrust administered under a unitrust policy.
RCW 11.05A.010 — Washington Code / Title 11 / Chapter 05A / Section 010
RCW 11.05A.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitle one or more to the whole of the property or account on the death of the other or others. (2) "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with pay on death designation, pension, profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type. (3) "Payor" means a trustee, insurer, business entity, employer, government, governmental agency, subdivision, or instrumentality, or any other person authorized or obligated by law or a governing instrument to make payments. (4) "POD" means pay on death. (5) "TOD" means transfer on death.
RCW 11.130.420 — Washington Code / Title 11 / Chapter 130 / Section 420
RCW 11.130.420: Order of appointment of conservator.
Status: in_force

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

(1) A court order appointing a conservator for a minor must include findings to support appointment of a conservator and, if a full conservatorship is granted, the reason a limited conservatorship would not meet the identified needs of the minor. (2) A court order appointing a conservator for a minor may dispense with the requirement for the conservator to file reports with the court under RCW 11.130.530 if all the property of the minor subject to the conservatorship is protected by a verified receipt. (3) A court order appointing a conservator for an adult must: (a) Include a specific finding that clear and convincing evidence has established that the identified needs of the respondent cannot be met by a protective arrangement instead of conservatorship or other less restrictive alternatives, including use of appropriate supportive services, technological assistance, or supported decision making; and (b) Include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition. (4) A court order establishing a full conservatorship for an adult must state the basis for granting a full conservatorship and include specific findings to support the conclusion that a limited conservatorship would not meet the functional needs of the adult. (5) A court order establishing a limited conservatorship must state the specific property placed under the control of the conservator and the powers granted to the conservator. (6) The court, as part of an order establishing a conservatorship, shall identify any person that subsequently is entitled to: (a) Notice of the rights of the individual subject to conservatorship under *RCW 11.130.425 (2); (b) Notice of a sale of or surrender of a lease to the primary dwelling of the individual; (c) Notice that the conservator has delegated a power that requires court approval under RCW 11.130.435 or substantially all powers of the conservator; (d) Notice that the conservator will be unavailable to perform the conservator's duties for more than one month; (e) A copy of the conservator's plan under RCW 11.130.510 and the conservator's report under RCW 11.130.530 ; (f) Access to court records relating to the conservatorship; (g) Notice of a transaction involving a substantial conflict between the conservator's fiduciary duties and personal interests; (h) Notice of the death or significant change in the condition of the individual; (i) Notice that the court has limited or modified the powers of the conservator; and (j) Notice of the removal of the conservator. (7) If an individual subject to conservatorship is an adult, the spouse, domestic partner, and adult children of the adult subject to conservatorship are entitled under subsection (6) of this section to notice unless the court orders otherwise based on good cause. Good cause includes the court's determination that notice would be contrary to the preferences or prior directions of the adult subject to conservatorship. (8) If an individual subject to conservatorship is a minor, each parent and adult sibling of the minor is entitled under subsection (6) of this section to notice unless the court determines notice would not be in the best interest of the minor. (9) All orders establishing a conservatorship for an adult must contain: (a) A conservatorship summary placed directly below the case caption or on a separate cover page in the form or substantially the same form as set forth in RCW 11.130.665 ; (b) The date which the limited conservator or conservator must file the conservator's plan under RCW 11.130.510 ; (c) The date which the limited conservator or conservator must file an inventory under RCW 11.130.515 ; (d) The date by which the court will review the conservator's plan as required by RCW 11.130.510 ; (e) The report interval which the conservator must file its report under RCW 11.130.530 . The report interval may be annual, biennial, or triennial; (f) The date the limited conservator or conservator must file its report under RCW 11.130.530 . The due date of the filing of the report shall be within ninety days after the anniversary date of the appointment; (g) The date for the court to review the report under RCW 11.130.530 and enter its order. The court shall conduct the review within one hundred twenty days after the anniversary date of the appointment.
RCW 11.104B.904 — Washington Code / Title 11 / Chapter 104B / Section 904
RCW 11.104B.904: 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 11.86.011 — Washington Code / Title 11 / Chapter 86 / Section 011
RCW 11.86.011: Definitions.
Status: in_force

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Beneficiary" means the person entitled, but for the person's disclaimer, to take an interest. (2) "Creator of the interest" means a person who establishes, declares, or otherwise creates an interest. (3)(a) "Date of the transfer" means: (i) For an inter vivos transfer, the date of the creation of the interest; or (ii) For a transfer upon the death of the creator of the interest, the date of the death of the creator. (b) A joint tenancy interest of a deceased joint tenant is deemed to be transferred at the death of the joint tenant rather than at the creation of the joint tenancy. (4) "Disclaimant" means a beneficiary who executes a disclaimer on his or her own behalf or a person who executes a disclaimer on behalf of a beneficiary. (5) "Disclaimer" means any writing which declines, refuses, renounces, or disclaims any interest that would otherwise be taken by a beneficiary. (6) "Interest" includes the whole of any property, real or personal, legal or equitable, or any fractional part, share, or particular portion or specific assets thereof, any vested or contingent interest in any such property, any power to appoint, consume, apply, or expend property, or any other right, power, privilege, or immunity relating to property. "Interest" includes, but is not limited to, an interest created in any of the following manners: (a) By intestate succession; (b) Under a will; (c) Under a trust; (d) By succession to a disclaimed interest; (e) By virtue of an election to take against a will; (f) By creation of a power of appointment; (g) By exercise or nonexercise of a power of appointment; (h) By an inter vivos gift, whether outright or in trust; (i) By surviving the death of a depositor of a trust or P.O.D. account within the meaning of *RCW 30.22.040 ; (j) Under an insurance or annuity contract; (k) By surviving the death of another joint tenant; (l) Under an employee benefit plan; (m) Under an individual retirement account, annuity, or bond; (n) Under a community property agreement; (o) By surviving the death of a transferor of a transfer on death deed; or (p) Any other interest created by any testamentary or inter vivos instrument or by operation of law. (7) "Person" means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, or other entity.
RCW 11.95A.270 — Washington Code / Title 11 / Chapter 95A / Section 270
RCW 11.95A.270: Selective allocation doctrine.
Status: in_force

If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property must be allocated in the permissible manner that best carries out the powerholder's intent.
RCW 11.130.375 — Washington Code / Title 11 / Chapter 130 / Section 375
RCW 11.130.375: Order to preserve or apply property while proceeding pending.
Status: in_force

While a petition under RCW 11.130.365 is pending, after preliminary hearing and without notice to others, the court may issue an order to preserve and apply property of the respondent as required for the support of the respondent or an individual who is in fact dependent on the respondent. The court may appoint a special agent to assist in implementing the order.
RCW 11.02.001 — Washington Code / Title 11 / Chapter 02 / Section 001
RCW 11.02.001: Section headings in Title 11 RCW not part of law.
Status: in_force

Section headings, as found in Title 11 RCW, do not constitute any part of the law.
RCW 11.125.030 — Washington Code / Title 11 / Chapter 125 / Section 030
RCW 11.125.030: Application—Exceptions.
Status: in_force

(1) This chapter applies to all powers of attorney except: (a) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (b) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and (c) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose. (2) Notwithstanding subsection (1) of this section, RCW 11.125.170 shall not apply to a power to make health care decisions under RCW 11.125.400 and 11.125.410 , nor shall it apply to the power to nominate a guardian for a minor child under RCW 11.125.410 .
RCW 11.96A.070 — Washington Code / Title 11 / Chapter 96A / Section 070
RCW 11.96A.070: Statutes of limitation.
Status: in_force

(1)(a) A beneficiary of an express trust may not commence a proceeding against a trustee for breach of trust more than three years after the date a report was delivered in the manner provided in RCW 11.96A.110 to the beneficiary or to a representative of the beneficiary if the report adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding. (b) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows or should have known of the potential claim. A report that includes all of the items described in this subsection [(1)](b) that are relevant for the reporting period is presumed to have provided such sufficient information regarding the existence of potential claims for breach of trust for such period: (i) A statement of receipts and disbursements of principal and income that have occurred during the accounting period; (ii) A statement of the assets and liabilities of the trust and their values at the beginning and end of the period; (iii) The trustee's compensation for the period; (iv) The agents hired by the trustee, their relationship to the trustee, if any, and their compensation, for the period; (v) Disclosure of any pledge, mortgage, option, or lease of trust property, or other agreement affecting trust property binding for a period of five years or more that was granted or entered into during the accounting period; (vi) Disclosure of all transactions during the period that are equivalent to one of the types of transactions described in RCW 11.98.078 or otherwise could have been affected by a conflict between the trustee's fiduciary and personal interests; (vii) A statement that the recipient of the account information may petition the superior court pursuant to chapter 11.106 RCW to obtain review of the statement and of acts of the trustee disclosed in the statement; and (viii) A statement that claims against the trustee for breach of trust may not be made after the expiration of three years from the date the trustee delivers the report in the manner provided in RCW 11.96A.110 . (c) If (a) of this subsection does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within three years after the first to occur of: (i) The removal, resignation, or death of the trustee; (ii) The termination of the beneficiary's interest in the trust; or (iii) The termination of the trust. (d) For purposes of this section, "express trust" does not include resulting trusts, constructive trusts, business trusts in which certificates of beneficial interest are issued to the beneficiary, investment trusts, voting trusts, trusts in the nature of mortgages or pledges, liquidation trusts, or trusts for the sole purpose of paying dividends, interest, interest coupons, salaries, wages, pensions, or profits, trusts created in deposits in any financial institution under *chapter 30.22 RCW, unless any such trust that is created in writing specifically incorporates this chapter in whole or in part. (2) Except as provided in RCW 11.96A.250 with respect to special representatives, an action against a personal representative for alleged breach of fiduciary duty by an heir, legatee, or other interested party must be brought before discharge of the personal representative. (3) The legislature hereby confirms the long-standing public policy of promoting the prompt and efficient resolution of matters involving trusts and estates. To further implement this policy, the legislature adopts the following statutory provisions in order to: (a) Encourage and facilitate the participation of qualified individuals as special representatives; (b) Serve the public's interest in having a prompt and efficient resolution of matters involving trusts or estates; and (c) Promote complete and final resolution of proceedings involving trusts and estates. (i) Actions against a special representative must be brought before the earlier of: (A) Three years from the discharge of the special representative as provided in RCW 11.96A.250 ; or (B) The entry of an order by a court of competent jurisdiction under RCW 11.96A.240 approving the written agreement executed by all interested parties in accord with the provisions of RCW 11.96A.220 . (ii) If a legal action is commenced against the special representative after the expiration of the period during which claims may be brought against the special representative as provided in (c)(i) of this subsection, alleging property damage, property loss, or other civil liability caused by or resulting from an alleged act or omission of the special representative arising out of or by reason of the special representative's duties or actions as special representative, the special representative must be indemnified: (A) From the assets held in the trust or comprising the estate involved in the dispute; and (B) by the persons bringing the legal action, for all expenses, attorneys' fees, judgments, settlements, decrees, or amounts due and owing or paid in satisfaction of or incurred in the defense of the legal action. To the extent possible, indemnification must be made first by the persons bringing the legal action, second from that portion of the trust or estate that is held for the benefit of, or has been distributed or applied to, the persons bringing the legal action, and third from the other assets held in the trust or comprising the estate involved in the dispute. (4) The tolling provisions of RCW 4.16.190 apply to this chapter except that the running of a statute of limitations under subsection (1) or (2) of this section, or any other applicable statute of limitations for any matter that is the subject of dispute under this chapter, is not tolled as to an individual who had a guardian ad litem, limited or general guardian of the estate, or a special representative to represent the person during the probate or dispute resolution proceeding.
RCW 11.130.915 — Washington Code / Title 11 / Chapter 130 / Section 915
RCW 11.130.915: Effective date—2020 c 312; 2019 c 437.
Status: in_force

This act takes effect January 1, 2022, except that: (1) Section 129, chapter 437, Laws of 2019 takes effect on June 11, 2020; and (2) With respect to minors, sections 101 through 128, 130 through 136, 201 through 216, 602, 802, 803, and 805, chapter 437, Laws of 2019 take effect January 1, 2021.
RCW 11.130.555 — Washington Code / Title 11 / Chapter 130 / Section 555
RCW 11.130.555: Presentation and allowance of claim.
Status: in_force

(1) A conservator may pay, or secure by encumbering property included in the conservatorship estate, a claim against the conservatorship estate or the individual subject to conservatorship arising before or during the conservatorship, on presentation and allowance in accordance with the priorities under subsection (4) of this section. A claimant may present a claim by: (a) Sending or delivering to the conservator a statement in a record of the claim, indicating its basis, the name and address of the claimant, and the amount claimed; or (b) Filing the claim with the court, in a form acceptable to the court, and sending or delivering a copy of the claim to the conservator. (2) A claim under subsection (1) of this section is presented on receipt by the conservator of the statement of the claim or the filing with the court of the claim, whichever first occurs. A presented claim is allowed if it is not disallowed in whole or in part by the conservator in a record sent or delivered to the claimant not later than sixty days after its presentation. Before payment, the conservator may change an allowance of the claim to a disallowance in whole or in part, but not after allowance under a court order or order directing payment of the claim. Presentation of a claim tolls until thirty days after disallowance of the claim the running of a statute of limitations that has not expired relating to the claim. (3) A claimant whose claim under subsection (1) of this section has not been paid may petition the court to determine the claim at any time before it is barred by a statute of limitations, and the court may order its allowance, payment, or security by encumbering property included in the conservatorship estate. If a proceeding is pending against the individual subject to conservatorship at the time of appointment of the conservator or is initiated thereafter, the moving party shall give the conservator notice of the proceeding if it could result in creating a claim against the conservatorship estate. (4) If a conservatorship estate is likely to be exhausted before all existing claims are paid, the conservator shall distribute the estate in money or in kind in payment of claims in the following order: (a) Costs and expenses of administration; (b) A claim of the federal or state government having priority under law other than this chapter; (c) A claim incurred by the conservator for support, care, education, health, or welfare previously provided to the individual subject to conservatorship or an individual who is in fact dependent on the individual subject to conservatorship; (d) A claim arising before the conservatorship; and (e) All other claims. (5) Preference may not be given in the payment of a claim under subsection (4) of this section over another claim of the same class. A claim due and payable may not be preferred over a claim not due unless: (a) Doing so would leave the conservatorship estate without sufficient funds to pay the basic living and health care expenses of the individual subject to conservatorship; and (b) The court authorizes the preference under *RCW 11.130.435 (1)(h). (6) If assets of a conservatorship estate are adequate to meet all existing claims, the court, acting in the best interest of the individual subject to conservatorship, may order the conservator to grant a security interest in the conservatorship estate for payment of a claim at a future date.
RCW 11.140.120 — Washington Code / Title 11 / Chapter 140 / Section 120
RCW 11.140.120: Liability to third person.
Status: in_force

(1) A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable. (2) A custodial trustee is not personally liable to a third person: (a) On a contract properly entered into in a fiduciary capacity unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract; or (b) For an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault. (3) A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault. (4) Subsections (2) and (3) of this section do not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.
RCW 11.104B.270 — Washington Code / Title 11 / Chapter 104B / Section 270
RCW 11.104B.270: Receipts normally apportioned—Insubstantial allocation not required.
Status: in_force

(1) If a fiduciary determines that an allocation between income and principal required by RCW 11.104B.280 , 11.104B.290 , 11.104B.300 , 11.104B.310 , or 11.104B.340 is insubstantial, the fiduciary may allocate the entire amount to principal, unless RCW 11.104B.070 (5) applies to the allocation. (2) A fiduciary may presume an allocation is insubstantial under subsection (1) of this section if: (a) The amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10 percent; and (b) The asset producing the receipt to be allocated has a fair market value less than 10 percent of the total fair market value of the assets owned or held by the fiduciary at the beginning of the accounting period. (3) The power to make a determination under subsection (1) of this section may be: (a) Exercised by a cofiduciary in the manner described in RCW 11.104B.070 (6); or (b) Released or delegated for a reason described in RCW 11.104B.070 (7) and in the manner described in RCW 11.104B.070 (8).
RCW 11.104B.440 — Washington Code / Title 11 / Chapter 104B / Section 440
RCW 11.104B.440: Disbursements—Reimbursement of principal from income.
Status: in_force

(1) If a fiduciary makes or expects to make a principal disbursement described in subsection (2) of this section, the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or provide a reserve for future principal disbursements. (2) To the extent a fiduciary has not been and does not expect to be reimbursed by a third party, principal disbursements to which subsection (1) of this section applies include: (a) An amount chargeable to income but paid from principal because income is not sufficient; (b) The cost of an improvement to principal, whether a change to an existing asset or the construction of a new asset, including a special assessment; (c) A disbursement made to prepare property for rental, including tenant allowances, leasehold improvements, and commissions; (d) A periodic payment on an obligation secured by a principal asset, to the extent the amount transferred from income to principal for depreciation is less than the periodic payment; and (e) A disbursement described in RCW 11.104B.410 (1). (3) If an asset whose ownership gives rise to a principal disbursement becomes subject to a successive interest after an income interest ends, the fiduciary may continue to make transfers under subsection (1) of this section.
RCW 11.98B.030 — Washington Code / Title 11 / Chapter 98B / Section 030
RCW 11.98B.030: Applicability—Exclusions—Power of appointment.
Status: in_force

(1) In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property. (2) This chapter does not apply to a: (a) Power of appointment; (b) Power to appoint or remove a trustee or trust director; (c) Power of a settlor over a trust to the extent the settlor has a power to revoke the trust; (d) Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of: (i) The beneficiary; or (ii) Another beneficiary represented by the beneficiary with respect to the exercise or nonexercise of the power; or (e) Power over a trust if: (i) The terms of the trust provide that the power is held in a nonfiduciary capacity; and (ii) The power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the federal internal revenue code of 1986, as amended, as of January 1, 2021. (3) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
RCW 11.80.120 — Washington Code / Title 11 / Chapter 80 / Section 120
RCW 11.80.120: Personnel missing in action, interned, or captured construed as "absentee."
Status: in_force

Any person serving in or with the armed forces of the United States, in or with the Red Cross, or in or with the merchant marine or otherwise, during any period of time when a state of hostilities exists between the United States and any other power and for one year thereafter, who has been reported or listed as missing in action, or interned in a neutral country, or captured by the enemy, shall be an "absentee" within the meaning of this chapter.
RCW 11.125.080 — Washington Code / Title 11 / Chapter 125 / Section 080
RCW 11.125.080: Conservator of principal's estate or guardian of principal's person.
Status: in_force

(1) In a power of attorney, a principal may nominate a conservator of the estate or guardian of the person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination. (2) If, after a principal executes a power of attorney, a court appoints a conservator of the estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues, subject to the provisions of RCW 11.130.335 (1) and 11.130.435 (4), unless limited, suspended, or terminated by the court. (3) If, after a principal executes a power of attorney that includes health care decisions, a court appoints a guardian of the person, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues, subject to the provisions of RCW 11.130.335 (1) and 11.130.435 (4), unless limited, suspended, or terminated by the court.
RCW 11.125.320 — Washington Code / Title 11 / Chapter 125 / Section 320
RCW 11.125.320: Agent authority—Insurance and annuities.
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to: (1) Continue, pay the premium or make a contribution on, modify, exchange, sell, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract; (2) Procure new, different, and additional contracts of insurance and annuities for the benefit of the principal and the principal's spouse, state registered domestic partner, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment; (3) Pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent; (4) Apply for and receive a loan secured by a contract of insurance or annuity; (5) Surrender and receive the cash surrender value on a contract of insurance or annuity; (6) Exercise an election; (7) Exercise investment powers available under a contract of insurance or annuity; (8) Change the manner of paying premiums on a contract of insurance or annuity; (9) Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section; (10) Apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal; (11) Collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity; (12) Select the form and timing of the payment of proceeds from a contract of insurance or annuity; and (13) Pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
RCW 11.98.108 — Washington Code / Title 11 / Chapter 98 / Section 108
RCW 11.98.108: Nonliability of trustee—Beneficiary's consent, release, or ratification.
Status: in_force

A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless: (1) The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or (2) At the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.
RCW 11.76.110 — Washington Code / Title 11 / Chapter 76 / Section 110
RCW 11.76.110: Order of payment of debts.
Status: in_force

Subject to federal preemption and the privileges and priorities allowed to encumbrances and liens under applicable law, the reasonable expenses of administration and the enforceable debts of the estate shall be paid in the following order: (1) Expenses of administration. (2) Funeral expenses in such amount as the court shall order or a personal representative with nonintervention powers shall determine to be reasonable. (3) Expenses of the last sickness, in such amount as the court shall order or a personal representative with nonintervention powers shall determine to be reasonable. (4) Wages due for labor performed within 60 days immediately preceding the death of decedent. (5) Exemptions and awards under chapter 11.54 RCW. (6) All other enforceable demands against the estate.
RCW 11.98.070 — Washington Code / Title 11 / Chapter 98 / Section 070
RCW 11.98.070: Power of trustee.
Status: in_force

A trustee, or the trustees jointly, of a trust, in addition to the authority otherwise given by law, have discretionary power to acquire, invest, reinvest, exchange, sell, convey, control, divide, partition, and manage the trust property in accordance with the standards provided by law, and in so doing may: (1) Receive property from any source as additions to the trust or any fund of the trust to be held and administered under the provisions of the trust; (2) Sell on credit; (3) Grant, purchase or exercise options; (4) Sell or exercise subscriptions to stock or other corporate securities and to exercise conversion rights; (5) Deposit stock or other corporate securities with any protective or other similar committee; (6) Assent to corporate sales, leases, and encumbrances; (7) Vote trust securities in person or by proxy with power of substitution; and enter into voting trusts; (8) Register and hold any stocks, securities, or other property in the name of a nominee or nominees without mention of the trust relationship, provided the trustee or trustees are liable for any loss occasioned by the acts of any nominee, except that this subsection shall not apply to situations covered by subsection (31) of this section; (9) Grant leases of trust property, with or without options to purchase or renew, to begin within a reasonable period and for terms within or extending beyond the duration of the trust, for any purpose including exploration for and removal of oil, gas and other minerals; enter into community oil leases, pooling and unitization agreements; (10) Subdivide, develop, dedicate to public use, make or obtain the vacation of public plats, adjust boundaries, partition real property, and on exchange or partition to adjust differences in valuation by giving or receiving money or money's worth; (11) Compromise or submit claims to arbitration; (12) Borrow money, secured or unsecured, from any source, including a corporate trustee's banking department, or from the individual trustee's own funds; (13) Make loans, either secured or unsecured, at such interest as the trustee may determine to any person, including any beneficiary of a trust, except that no trustee who is a beneficiary of a trust may participate in decisions regarding loans to such beneficiary from the trust and then only to the extent of the loan, and also except that if a beneficiary or the grantor of a trust has the power to change a trustee of the trust, the power to loan shall be limited to loans at a reasonable rate of interest and for adequate security; (14) Determine the hazards to be insured against and maintain insurance for them; (15) Select any part of the trust estate in satisfaction of any partition or distribution, in kind, in money or both; make nonpro rata distributions of property in kind; allocate particular assets or portions of them or undivided interests in them to any one or more of the beneficiaries without regard to the income tax basis of specific property allocated to any beneficiary and without any obligation to make an equitable adjustment; (16)(a) Pay an amount distributable to a beneficiary who is under a legal disability or who the trustee reasonably believes is incapacitated, by paying it directly to the beneficiary or applying it for the beneficiary's benefit, or by: (i) Paying it to the beneficiary's guardian; (ii) Paying it to the beneficiary's custodian under chapter 11.114 RCW, and, for that purpose, creating a custodianship; (iii) If the trustee does not know of a guardian or custodian, paying it to an adult relative or other person having legal or physical care or custody of the beneficiary, with instructions to expend the funds on the beneficiary's behalf; or (iv) Managing it as a separate fund on the beneficiary's behalf, subject to the beneficiary's continuing right to withdraw the distribution. (b) If the trustee pays any amount to a third party under (a)(i) through (iii) of this subsection, the trustee has no further obligations regarding the amounts so paid; (17) Change the character of or abandon a trust asset or any interest in it; (18) Mortgage, pledge the assets or the credit of the trust estate, or otherwise encumber trust property, including future income, whether an initial encumbrance or a renewal or extension of it, for a term within or extending beyond the term of the trust, in connection with the exercise of any power vested in the trustee; (19) Make ordinary or extraordinary repairs or alterations in buildings or other trust property, demolish any improvements, raze existing structures, and make any improvements to trust property; (20) Create restrictions, easements, including easements to public use without consideration, and other servitudes; (21) Manage any business interest, including any farm or ranch interest, regardless of form, received by the trustee from the trustor of the trust, as a result of the death of a person, or by gratuitous transfer from any other transferor, and with respect to the business interest, have the following powers: (a) To hold, retain, and continue to operate that business interest solely at the risk of the trust, without need to diversify and without liability on the part of the trustee for any resulting losses; (b) To enlarge or diminish the scope or nature or the activities of any business; (c) To authorize the participation and contribution by the business to any employee benefit plan, whether or not qualified as being tax deductible, as may be desirable from time to time; (d) To use the general assets of the trust for the purpose of the business and to invest additional capital in or make loans to such business; (e) To endorse or guarantee on behalf of the trust any loan made to the business and to secure the loan by the trust's interest in the business or any other property of the trust; (f) To leave to the discretion of the trustee the manner and degree of the trustee's active participation in the management of the business, and the trustee is authorized to delegate all or any part of the trustee's power to supervise, manage, or operate to such persons as the trustee may select, including any partner, associate, director, officer, or employee of the business; and also including electing or employing directors, officers, or employees of the trustee to take part in the management of the business as directors or officers or otherwise, and to pay that person reasonable compensation for services without regard to the fees payable to the trustee; (g) To engage, compensate, and discharge or to vote for the engaging, compensating, and discharging of managers, employees, agents, lawyers, accountants, consultants, or other representatives, including anyone who may be a beneficiary of the trust or any trustee; (h) To cause or agree that surplus be accumulated or that dividends be paid; (i) To accept as correct financial or other statements rendered by any accountant for any sole proprietorship or by any partnership or corporation as to matters pertaining to the business except upon actual notice to the contrary; (j) To treat the business as an entity separate from the trust, and in any accounting by the trustee it is sufficient if the trustee reports the earning and condition of the business in a manner conforming to standard business accounting practice; (k) To exercise with respect to the retention, continuance, or disposition of any such business all the rights and powers that the trustor of the trust would have if alive at the time of the exercise, including all powers as are conferred on the trustee by law or as are necessary to enable the trustee to administer the trust in accordance with the instrument governing the trust, subject to any limitations provided for in the instrument; and (l) To satisfy contractual and tort liabilities arising out of an unincorporated business, including any partnership, first out of the business and second out of the estate or trust, but in no event may there be a liability of the trustee, except as provided in RCW 11.98.110 (2) and (4), and if the trustee is liable, the trustee is entitled to indemnification from the business and the trust, respectively; (22) Participate in the establishment of, and thereafter in the operation of, any business or other enterprise according to subsection (21) of this section except that the trustee shall not be relieved of the duty to diversify; (23) Cause or participate in, directly or indirectly, the formation, reorganization, merger, consolidation, dissolution, or other change in the form of any corporate or other business undertaking where trust property may be affected and retain any property received pursuant to the change; (24) Limit participation in the management of any partnership and act as a limited or general partner; (25) Charge profits and losses of any business operation, including farm or ranch operation, to the trust estate as a whole and not to the trustee; make available to or invest in any business or farm operation additional moneys from the trust estate or other sources; (26) Pay reasonable compensation to the trustee or co-trustees considering all circumstances including the time, effort, skill, and responsibility involved in the performance of services by the trustee and reimburse the trustee, with interest as appropriate, for expenses that were properly incurred in the administration of the trust; (27) Engage persons, including lawyers, accountants, investment advisors, or agents, even if they are associated with the trustee, to advise or assist the trustee in the performance of the trustee's duties or to perform any act, subject to RCW 11.98.071 ; (28) Appoint an ancillary trustee or agent to facilitate management of assets located in another state or foreign country; (29) Retain and store such items of tangible personal property as the trustee selects and pay reasonable storage charges thereon from the trust estate; (30) Issue proxies to any adult beneficiary of a trust for the purpose of voting stock of a corporation acting as the trustee of the trust; (31) Place all or any part of the securities at any time held by the trustee in the care and custody of any bank, trust company, or member firm of the New York Stock Exchange with no obligation while the securities are so deposited to inspect or verify the same and with no responsibility for any loss or misapplication by the bank, trust company, or firm, so long as the bank, trust company, or firm was selected and retained with reasonable care, and have all stocks and registered securities placed in the name of the bank, trust company, or firm, or in the name of its nominee, and to appoint such bank, trust company, or firm agent as attorney to collect, receive, receipt for, and disburse any income, and generally may perform, but is under no requirement to perform, the duties and services incident to a so-called "custodian" account; (32) Determine at any time that the corpus of any trust is insufficient to implement the intent of the trust, and upon this determination by the trustee, terminate the trust by distribution of the trust to the current income beneficiary or beneficiaries of the trust or their legal representatives, except that this determination may only be made by the trustee if the trustee is neither the grantor nor the beneficiary of the trust, and if the trust has no charitable beneficiary; (33) Continue to be a party to any existing voting trust agreement or enter into any new voting trust agreement or renew an existing voting trust agreement with respect to any assets contained in trust; (34)(a) Donate a qualified conservation easement, as defined by 26 U.S.C. Sec. 2031(c) of the federal internal revenue code, on any real property, or consent to the donation of a qualified conservation easement on any real property by a personal representative of an estate of which the trustee is a devisee, to obtain the benefit of the estate tax exclusion allowed under 26 U.S.C. Sec. 2031(c) of the federal internal revenue code or the deduction allowed under 26 U.S.C. Sec. 2055(f) of the federal internal revenue code as long as: (i)(A) The governing instrument authorizes the donation of a qualified conservation easement on the real property; or (B) Each beneficiary that may be affected by the qualified conservation easement consents to the donation under the provisions of chapter 11.96A RCW; and (ii) The donation of a qualified conservation easement will not result in the insolvency of the decedent's estate. (b) The authority granted under this subsection includes the authority to amend a previously donated qualified conservation easement, as defined under 26 U.S.C. Sec. 2031(c)(8)(B) of the federal internal revenue code, and to amend a previously donated unqualified conservation easement for the purpose of making the easement a qualified conservation easement under 26 U.S.C. Sec. 2031(c)(8)(B); (35) Pay or contest any claim, settle a claim by or against the trust, and release, in whole or in part, a claim belonging to the trust; (36) Exercise elections with respect to federal, state, and local taxes; (37) Prosecute or defend an action, claim, or judicial proceeding in any jurisdiction to protect trust property and the trustee in the performance of the trustee's duties; (38) On termination of the trust, exercise the powers appropriate to wind up the administration of the trust and distribute the trust property to the persons entitled to it; and (39) Select a mode of payment under any employee benefit or retirement plan, annuity, or life insurance payable to the trustee, exercise rights thereunder, including exercise of the right to indemnification for expenses and against liabilities, and take appropriate action to collect the proceeds.
RCW 11.130.715 — Washington Code / Title 11 / Chapter 130 / Section 715
RCW 11.130.715: Scope.
Status: in_force

An adult with a disability may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with a supporter under which the adult with a disability authorizes the supporter to do any or all of the following: (1) Provide supported decision making, including assistance in understanding the options, responsibilities, and consequences of the adult's life decisions, without making those decisions on behalf of the adult with a disability; (2) Assist the adult in accessing, collecting, and obtaining information that is relevant to a given life decision, including medical, psychological, financial, educational, or treatment records, from any person; (3) Assist the adult with a disability in understanding the information described in subsection (2) of this section; and (4) Assist the adult in communicating the adult's decisions to appropriate persons.
RCW 11.140.050 — Washington Code / Title 11 / Chapter 140 / Section 050
RCW 11.140.050: Transfer to custodial trustee by fiduciary or obligor—Facility of payment.
Status: in_force

(1) Unless otherwise directed by an instrument designating a custodial trustee pursuant to RCW 11.140.030 , a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator may make a transfer to an adult member of the beneficiary's family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds $20,000, the transfer is not effective unless authorized by the court. (2) A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this section.
RCW 11.08.200 — Washington Code / Title 11 / Chapter 08 / Section 200
RCW 11.08.200: Liability for use of escheated property.
Status: in_force

If any person shall take possession of escheat property without proper authorization to do so, and shall have the use thereof for a period exceeding sixty days, he or she shall be liable to the state for the reasonable value of such use, payment of which may be enforced by the department of revenue or by the administrator of the estate.
RCW 11.130.610 — Washington Code / Title 11 / Chapter 130 / Section 610
RCW 11.130.610: Appointment and role of attorney.
Status: in_force

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

(1)(a) The respondent shall have the right to be represented by a willing attorney of their choosing at any stage in protective arrangement proceedings. Any attorney purporting to represent a respondent or person subject to a protective arrangement shall petition the court to be appointed to represent the respondent or person subject to a protective arrangement. (b) Unless the respondent in a proceeding under this article is represented by an attorney, the court is not required, but may appoint an attorney to represent the respondent, regardless of the respondent's ability to pay, except as provided otherwise in (c) of this subsection. (c)(i) The court must appoint an attorney to represent the respondent at public expense when either: (A) The respondent is unable to afford an attorney; (B) The expense of an attorney would result in substantial hardship to the respondent; or (C) The respondent does not have practical access to funds with which to pay an attorney. If the respondent can afford an attorney but lacks practical access to funds, the court must provide an attorney and may impose a reimbursement requirement as part of a final order. (ii) When, in the opinion of the court, the rights and interests of the respondent cannot otherwise be adequately protected and represented, the court on its own motion must appoint an attorney at any time to represent the respondent. (iii) An attorney must be provided under this subsection (1)(c) as soon as practicable after a petition is filed and long enough before any final hearing to allow adequate time for consultation and preparation. Absent a convincing showing in the record to the contrary, a period of less than three weeks is presumed by a reviewing court to be inadequate time for consultation and preparation. (2) An attorney representing the respondent in a proceeding under this article shall: (a) Make reasonable efforts to ascertain the respondent's wishes; (b) Advocate for the respondent's wishes to the extent reasonably ascertainable; and (c) If the respondent's wishes are not reasonably ascertainable, advocate for the result that is the least restrictive alternative in type, duration, and scope, consistent with the respondent's interests. (3) The court is not required, but may appoint an attorney to represent a parent of a minor who is the subject of a proceeding under this article if: (a) The parent objects to the entry of an order for a protective arrangement instead of guardianship or conservatorship; (b) The court determines that counsel is needed to ensure that consent to the entry of an order for a protective arrangement is informed; or (c) The court otherwise determines the parent needs representation.
RCW 11.130.595 — Washington Code / Title 11 / Chapter 130 / Section 595
RCW 11.130.595: Petition for protective arrangement.
Status: in_force

A petition for a protective arrangement instead of guardianship or conservatorship must state the petitioner's name, principal residence, current street address, if different, relationship to the respondent, interest in the protective arrangement, the name and address of any attorney representing the petitioner, and, to the extent known, the following: (1) The respondent's name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed the respondent will reside if the petition is granted; (2) The name and address of the respondent's: (a) Spouse or domestic partner or, if the respondent has none, an adult with whom the respondent has shared household responsibilities for more than six months in the twelve-month period before the filing of the petition; (b) Adult children or, if none, each parent and adult sibling of the respondent, or, if none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence; and (c) Adult stepchildren whom the respondent actively parented during the stepchildren's minor years and with whom the respondent had an ongoing relationship in the two-year period immediately before the filing of the petition; (3) The name and current address of each of the following, if applicable: (a) A person responsible for the care or custody of the respondent; (b) Any attorney currently representing the respondent; (c) The representative payee appointed by the social security administration for the respondent; (d) A guardian or conservator acting for the respondent in this state or another jurisdiction; (e) A trustee or custodian of a trust or custodianship of which the respondent is a beneficiary; (f) The fiduciary appointed for the respondent by the department of veterans affairs; (g) An agent designated under a power of attorney for health care in which the respondent is identified as the principal; (h) An agent designated under a power of attorney for finances in which the respondent is identified as the principal; (i) A person nominated as guardian or conservator by the respondent if the respondent is twelve years of age or older; (j) A person nominated as guardian by the respondent's parent, spouse, or domestic partner in a will or other signed record; (k) A person known to have routinely assisted the respondent with decision making in the six-month period immediately before the filing of the petition; and (l) If the respondent is a minor: (i) An adult not otherwise listed with whom the respondent resides; and (ii) Each person not otherwise listed that had primary care or custody of the respondent for at least sixty days during the two years immediately before the filing of the petition or for at least seven hundred thirty days during the five years immediately before the filing of the petition; (4) The nature of the protective arrangement sought; (5) The reason the protective arrangement sought is necessary, including a brief description of: (a) The nature and extent of the respondent's alleged need; (b) Any less restrictive alternative for meeting the respondent's alleged need which has been considered or implemented; (c) If no less restrictive alternative has been considered or implemented, the reason less restrictive alternatives have not been considered or implemented; and (d) The reason other less restrictive alternatives are insufficient to meet the respondent's alleged need; (6) The name and current address, if known, of any person with whom the petitioner seeks to limit the respondent's contact; (7) Whether the respondent needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings; (8) If a protective arrangement instead of guardianship is sought and the respondent has property other than personal effects, a general statement of the respondent's property with an estimate of its value, including any insurance or pension, and the source and amount of any other anticipated income or receipts; and (9) If a protective arrangement instead of conservatorship is sought, a general statement of the respondent's property with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts.
RCW 11.98.011 — Washington Code / Title 11 / Chapter 98 / Section 011
RCW 11.98.011: Trust creation—Requirements.
Status: in_force

(1) A trust is created only if: (a) The trustor has capacity to create a trust; (b) The trustor indicates an intention to create the trust; (c) The trust has a definite beneficiary or is: (i) A charitable trust; (ii) A trust for the care of an animal, as provided in chapter 11.118 RCW; or (iii) A trust for a noncharitable purpose, as provided in RCW 11.98.015 ; (d) The trustee has duties to perform; and (e) The same person is not the sole trustee and sole beneficiary. (2) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities. (3) A power in a trustee to select a beneficiary from an indefinite class is valid, except to the extent that the trustee may distribute trust property to himself or herself. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.
RCW 11.42.010 — Washington Code / Title 11 / Chapter 42 / Section 010
RCW 11.42.010: Notice agent—Qualifications.
Status: in_force

(1) Subject to the conditions stated in this chapter, and if no personal representative has been appointed in this state, a beneficiary or trustee who has received or is entitled to receive by reason of the decedent's death substantially all of the decedent's probate and nonprobate assets, is qualified to give nonprobate notice to creditors under this chapter. If no one beneficiary or trustee has received or is entitled to receive substantially all of the assets, then those persons, who in the aggregate have received or are entitled to receive substantially all of the assets, may, under an agreement under RCW 11.96A.220 , appoint a person who is then qualified to give nonprobate notice to creditors under this chapter. (2) A person or group of persons is deemed to have received substantially all of the decedent's probate and nonprobate assets if the person or the group, at the time of the filing of the declaration and oath referred to in subsection (3) of this section, in reasonable good faith believed that the person or the group had received, or was entitled to receive by reason of the decedent's death, substantially all of the decedent's probate and nonprobate assets. (3)(a) The "notice agent" means the qualified person who: (i) Pays a filing fee to the clerk of the superior court in a county in which probate may be commenced regarding the decedent, the "notice county", and receives a cause number; and (ii) Files a declaration and oath with the clerk. (b) The declaration and oath must be made in affidavit form or under penalty of perjury and must state that the person making the declaration believes in reasonable good faith that the person is qualified under this chapter to act as the notice agent and that the person will faithfully execute the duties of the notice agent as provided in this chapter. (4) The following persons are not qualified to act as notice agent: (a) Corporations, trust companies, and national banks, except: (i) Such entities as are authorized to do trust business in this state; and (ii) professional service corporations that are regularly organized under the laws of this state whose shareholder or shareholders are exclusively attorneys; (b) Minors; (c) Persons of unsound mind; (d) Persons who have been convicted of a felony or of a misdemeanor involving moral turpitude; and (e) Persons who have given notice under this chapter and who thereafter become of unsound mind or are convicted of a felony or misdemeanor involving moral turpitude. This disqualification does not bar another person, otherwise qualified, from acting as successor notice agent. (5) A nonresident may act as notice agent if the nonresident appoints an agent who is a resident of the notice county or who is attorney of record for the notice agent upon whom service of all papers may be made. The appointment must be made in writing and filed with the court.
RCW 11.02.900 — Washington Code / Title 11 / Chapter 02 / Section 900
RCW 11.02.900: Short title—Washington trust act of 1984.
Status: in_force

Chapter 149, Laws of 1984, as amended and reenacted in chapters 8, 9, 10, 11, 23, 30, and 31, Laws of 1985 shall be known as the Washington trust act of 1984.
RCW 11.130.910 — Washington Code / Title 11 / Chapter 130 / Section 910
RCW 11.130.910: Applicability.
Status: in_force

This chapter applies to: (1) A proceeding for appointment of a guardian or conservator or for a protective arrangement instead of guardianship or conservatorship commenced after January 1, 2022; and (2) A guardianship, conservatorship, or protective arrangement instead of a guardianship or conservatorship in existence on January 1, 2022, unless the court finds application of a particular provision of chapter 437, Laws of 2019 would substantially interfere with the effective conduct of the proceeding or prejudice the rights of a party, in which case the particular provision of chapter 437, Laws of 2019 does not apply and the superseded law applies.
RCW 11.130.090 — Washington Code / Title 11 / Chapter 130 / Section 090
RCW 11.130.090: Qualifications.
Status: in_force

(1) Any suitable person over the age of 21 years, or any parent under the age of 21 years or, if the petition is for appointment of a professional guardian or conservator, any individual or guardianship or conservatorship service that meets any certification requirements established by the administrator for the courts, may, if not otherwise disqualified, be appointed guardian or conservator of a person subject to guardianship, conservatorship, or both. A financial institution subject to the jurisdiction of the department of financial institutions and authorized to exercise trust powers, and a federally chartered financial institution when authorized to do so, may be appointed to act as a guardian or conservator of a person subject to guardianship, conservatorship, or both without having to meet the certification requirements established by the administrator for the courts. No person is qualified to serve as a guardian or conservator who is: (a) Under 18 years of age except as otherwise provided herein; (b)(i) Except as provided otherwise in (b)(ii) of this subsection, convicted of a crime involving dishonesty, neglect, or use of physical force or other crime relevant to the functions the individual would assume as guardian; (ii) A court may, upon consideration of the facts, find that a relative convicted of a crime is qualified to serve as a guardian or conservator; (c) A nonresident of this state who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate and caused such appointment to be filed with the court; (d) A corporation not authorized to act as a fiduciary, guardian, or conservator in the state; (e) A person whom the court finds unsuitable. (2) If a guardian, or conservator is not a certified professional guardian, conservator, or financial institution authorized under this section, the guardian or conservator must complete any standardized training video or web cast for lay guardians or conservators made available by the administrative office of the courts and the superior court where the petition is filed unless granted a waiver by the court. The training video or web cast must be provided at no cost to the guardian, or conservator. (a) If a petitioner requests the appointment of a specific individual to act as a guardian or conservator, the petition for guardianship or conservatorship must include evidence of the successful completion of the required training video or web cast by the proposed guardian or conservator. The superior court may defer the completion of the training requirement to a date no later than ninety days after appointment if the petitioner requests expedited appointment due to emergent circumstances. (b) If no person is identified to be appointed guardian or conservator at the time the petition is filed, then the court must require that the petitioner identify within 30 days from the filing of the petition a specific individual to act as guardian or conservator subject to the training requirements set forth herein. If the petitioner fails to identify a guardian or conservator within 30 days of filing, the court shall dismiss the guardianship or conservatorship.
RCW 11.90.470 — Washington Code / Title 11 / Chapter 90 / Section 470
RCW 11.90.470: Application.
Status: in_force

(1) This chapter applies to guardianship and protective proceedings filed on or after January 1, 2010. (2) RCW 11.90.010 through 11.90.060 and 11.90.400 through 11.90.460 apply to proceedings filed before January 1, 2010, regardless of whether a guardianship or protective order has been issued.
RCW 11.95A.240 — Washington Code / Title 11 / Chapter 95A / Section 240
RCW 11.95A.240: Permissible appointment.
Status: in_force

(1) A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property. (2) A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors. (3) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may: (a) Make an appointment in any form, including an appointment in trust, in favor of a permissible appointee; (b) Create a general power in a permissible appointee; (c) Create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power; or (d) Create a nongeneral power in a permissible appointee to appoint to one or more persons if the permissible appointees of the new nongeneral power include the permissible appointees of the original nongeneral power.
RCW 11.118.005 — Washington Code / Title 11 / Chapter 118 / Section 005
RCW 11.118.005: Purpose—Intent.
Status: in_force

The purpose of this chapter is to recognize and validate certain trusts that are established for the benefit of animals. Under the common law such trusts were unenforceable at law. The legislature intends that such trusts be recognized as valid, and that such trusts be enforceable in accordance with their terms.
RCW 11.40.120 — Washington Code / Title 11 / Chapter 40 / Section 120
RCW 11.40.120: Effect of judgment against personal representative.
Status: in_force

The effect of any judgment rendered against a personal representative shall be only to establish the amount of the judgment as an allowed claim.
RCW 11.80.130 — Washington Code / Title 11 / Chapter 80 / Section 130
RCW 11.80.130: Summary procedure without full trustee proceeding—When permitted—Application for order—Form.
Status: in_force

(1) If the spouse or domestic partner of any absentee owner, or his or her next of kin, if said absentee has no spouse or domestic partner, shall wish to sell or transfer any property of the absentee which has a gross value of less than five thousand dollars, or shall require the consent of the absentee in any matter regarding the absentee's children, or any other matter in which the gross value of the subject matter is less than five thousand dollars, such spouse or such domestic partner or next of kin may apply to the superior court for an order authorizing said sale, transfer, or consent without opening a full trustee proceeding as provided in this chapter. The applicant may make the application without the assistance of an attorney. Said application shall be made by petition on the following form, which form shall be made readily available to the applicant by the clerk of the superior court. IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF . . . . . . . . . .,          Plaintiff , vs. No. . . . . . . . ., PETITION FOR Defendant . SUMMARY . . . . RELIEF Petitioner, . . . . . ., whose residence is . . . . . . . . ., and . . . . . . . . ., Washington, and who is the . . . . . . of the absentee, . . . . . ., states that the absentee has been . . . . . . . . . since . . . . . ., when . . . . . . . . . Petitioner desires to sell/transfer . . . . . . of the value of . . . . . ., because . . . . . . . . . The terms of the sale/transfer are . . . . . . . . . Petitioner requires the consent of the absentee for the purpose of . . . . . . . . . . . . . Petitioner (Affidavit of Acknowledgment) (2) The court may, without notice, enter an order on said petition if it deems the relief requested in said petition necessary to protect the best interests of the absentee or his or her dependents. (3) Such order shall be prima facie evidence of the validity of the proceedings and the authority of the petitioner to make a conveyance or transfer of the property or to give the absentee's consent in any manner described by subsection (1) of this section.
RCW 11.42.030 — Washington Code / Title 11 / Chapter 42 / Section 030
RCW 11.42.030: Notice to creditors—Form.
Status: in_force

Notice under RCW 11.42.020 must contain the following elements in substantially the following form: ) CAPTION ) No. OF CASE ) NONPROBATE ) NOTICE TO CREDITORS ) RCW 11.42.030 . . . . ) The notice agent named below has elected to give notice to creditors of the above-named decedent. As of the date of the filing of a copy of this notice with the court, the notice agent has no knowledge of any other person acting as notice agent or of the appointment of a personal representative of the decedent's estate in the state of Washington. According to the records of the court as are available on the date of the filing of this notice with the court, a cause number regarding the decedent has not been issued to any other notice agent and a personal representative of the decedent's estate has not been appointed. Any person having a claim against the decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.42.070 by serving on or mailing to the notice agent or the notice agent's attorney at the address stated below a copy of the claim and filing the original of the claim with the court in which the notice agent's declaration and oath were filed. The claim must be presented within the later of: (1) Thirty days after the notice agent served or mailed the notice to the creditor as provided under RCW 11.42.020 (2)(c); or (2) four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.42.050 and 11.42.060 . This bar is effective as to claims against both the decedent's probate and nonprobate assets. Date of First Publication: The notice agent declares under penalty of perjury under the laws of the state of Washington on , [year] , at [city] , [state] that the foregoing is true and correct. . . . . Signature of Notice Agent Notice Agent: Attorney for the Notice Agent: Address for Mailing or Service: Court of Notice Agent's oath and declaration and cause number:
RCW 11.100.023 — Washington Code / Title 11 / Chapter 100 / Section 023
RCW 11.100.023: Authority of fiduciary to invest in certain enterprises.
Status: in_force

Subject to the standards of RCW 11.100.020 , a fiduciary is authorized to invest in new, unproven, untried, or other enterprises with a potential for significant growth whether producing a current return, either by investing directly therein or by investing as a limited partner or otherwise in one or more commingled funds which in turn invest primarily in such enterprises. The aggregate amount of investments held by a fiduciary under the authority of this section valued at cost shall not exceed ten percent of the net fair market value of the trust corpus, including investments made under the authority of this section valued at fair market value, immediately after any such investment is made. Any investment which would have been authorized by this section if in force at the time the investment was made is hereby authorized.
RCW 11.96A.140 — Washington Code / Title 11 / Chapter 96A / Section 140
RCW 11.96A.140: Waiver of notice.
Status: in_force

Notwithstanding any other provision of this title, notice of a hearing does not need to be given to a legally competent person who has waived in writing notice of the hearing in person or by attorney, or who has appeared at the hearing without objecting to the lack of proper notice or personal jurisdiction. The waiver of notice may apply either to a specific hearing or to any and all hearings and proceedings to be held, in which event the waiver of notice is of continuing effect unless subsequently revoked by the filing of a written notice of revocation of the waiver and the mailing of a copy of the notice of revocation of the waiver to the other parties. Unless notice of a hearing is required to be given by publication, if all persons entitled to notice of the hearing waive the notice or appear at the hearing without objecting to the lack of proper notice or personal jurisdiction, the court may hear the matter immediately. A guardian of the estate or a guardian ad litem may make the waivers on behalf of the incapacitated person, and a trustee may make the waivers on behalf of any competent or incapacitated beneficiary of the trust. A consul or other representative of a foreign government, whose appearance has been entered as provided by law on behalf of any person residing in a foreign country, may make the waiver of notice on behalf of the person.
RCW 11.98.071 — Washington Code / Title 11 / Chapter 98 / Section 071
RCW 11.98.071: Trustee's delegation of duties.
Status: in_force

(1) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in: (a) Selecting a delegate; (b) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; (c) Periodically reviewing the delegate's actions in order to monitor the delegate's performance and compliance with the terms of the delegation; and (d) Enforcing the delegate's duties under the terms of the delegation. (2) In performing a delegated function, in addition to any other duty inherent in the delegation, a delegate owes a duty to the trustee to exercise reasonable care to comply with the terms of the delegation. (3) A trustee who complies with subsection (1) of this section is not liable to the beneficiaries or to the trust for an action of the delegate to whom the function was delegated. Nothing in this section relieves the trustee from any existing duty to compel the delegate to account for the delegate's actions. (4) By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this state, a delegate submits to the jurisdiction of the courts of this state. (5) A delegation among co-trustees is governed by RCW 11.98.016 .
RCW 11.100.070 — Washington Code / Title 11 / Chapter 100 / Section 070
RCW 11.100.070: Meaning of terms in trust instrument.
Status: in_force

The terms "legal investment" or "authorized investment" or words of similar import, as used in any such instrument, shall be taken to mean any investment which is permitted by the terms of RCW 11.100.020 .
RCW 11.24.050 — Washington Code / Title 11 / Chapter 24 / Section 050
RCW 11.24.050: Costs.
Status: in_force

If the probate be revoked or the will annulled, assessment of costs shall be in the discretion of the court. If the will be sustained, the court may assess the costs against the contestant, including, unless it appears that the contestant acted with probable cause and in good faith, such reasonable attorney's fees as the court may deem proper.
RCW 11.95A.902 — Washington Code / Title 11 / Chapter 95A / Section 902
RCW 11.95A.902: Application—Existing relationships.
Status: in_force

(1) Except as otherwise provided in this chapter, on and after January 1, 2022: (a) This chapter applies to a power of appointment created before, on, or after January 1, 2022; (b) This chapter applies to a judicial proceeding concerning a power of appointment commenced on or after January 1, 2022; (c) This chapter applies to a judicial proceeding concerning a power of appointment commenced before January 1, 2022, unless the court finds that application of a particular provision of this chapter would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of this chapter does not apply and the superseded law applies; (d) A rule of construction or presumption provided in this chapter applies to an instrument executed before January 1, 2022, unless there is a clear indication of a contrary intent in the terms of the instrument; and (e) Except as otherwise provided in (a) through (d) of this subsection, an action done before January 1, 2022, is not affected by this chapter. (2) If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of this state other than this chapter before January 1, 2022, the law continues to apply to the right.
RCW 11.02.091 — Washington Code / Title 11 / Chapter 02 / Section 091
RCW 11.02.091: Written instrument—Limit on characterization as testamentary.
Status: in_force

(1) An otherwise effective written instrument of transfer may not be deemed testamentary solely because of a provision for a nonprobate transfer at death in the instrument. (2) "Provision for a nonprobate transfer at death" as used in subsection (1) of this section includes, but is not limited to, a written provision that: (a) Money or another benefit up to that time due to, controlled, or owned by a decedent before death must be paid after the decedent's death to a person whom the decedent designates either in the instrument or a separate writing, including a will, executed at any time; (b) Money or another benefit due or to become due under the instrument ceases to be payable in the event of the death of the promisee or the promisor before payment or demand; or (c) Property, controlled by or owned by the decedent before death, that is the subject of the instrument passes to a person the decedent designates either in the instrument or in a separate writing, including a will, executed at any time. (3) "Otherwise effective written instrument of transfer" as used in subsection (1) of this section means: An insurance policy; a contract of employment; a bond; a mortgage; a promissory note; a certified or uncertified security; an account agreement; a compensation plan; a pension plan; an individual retirement plan; an employee benefit plan; a joint tenancy; a community property agreement; a trust; a conveyance; a deed of gift; a contract; or another written instrument of a similar nature that would be effective if it did not contain provision for a nonprobate transfer at death. (4) This section only eliminates a requirement that instruments of transfer comply with formalities for executing wills under chapter 11.12 RCW. This section does not make a written instrument effective as a contract, gift, conveyance, deed, or trust that would not otherwise be effective as such for reasons other than failure to comply with chapter 11.12 RCW. (5) This section does not limit the rights of a creditor under other laws of this state.