RCW 11.130.530 — Washington Code / Title 11 / Chapter 130 / Section 530
RCW 11.130.530: Conservator's report and accounting—Monitoring.
Status: in_force

(1) A conservator shall file with the court by the date established by the court a report in a record regarding the administration of the conservatorship estate unless the court otherwise directs, on resignation or removal, on termination of the conservatorship, and at any other time the court directs. (2) A report under subsection (1) of this section must state or contain: (a) An accounting that lists property included in the conservatorship estate and the receipts, disbursements, liabilities, and distributions during the period for which the report is made; (b) A list of the services provided to the individual subject to conservatorship; (c) A copy of the conservator's most recently approved plan and a statement whether the conservator has deviated from the plan and, if so, how the conservator has deviated and why; (d) A recommendation as to the need for continued conservatorship and any recommended change in the scope of the conservatorship; (e) To the extent feasible, a copy of the most recent reasonably available financial statements evidencing the status of bank accounts, investment accounts, and mortgages or other debts of the individual subject to conservatorship with all but the last four digits of the account numbers and social security number redacted; (f) Anything of more than de minimis value which the conservator, any individual who resides with the conservator, or the spouse, domestic partner, parent, child, or sibling of the conservator has received from a person providing goods or services to the individual subject to conservatorship; (g) Any business relation the conservator has with a person the conservator has paid or that has benefited from the property of the individual subject to conservatorship; and (h) Whether any co-conservator or successor conservator 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 under this section or conservator's plan under RCW 11.130.510 , interview the individual subject to conservatorship or conservator, or investigate any other matter involving the conservatorship. In connection with the report, the court may order the conservator to submit the conservatorship estate to appropriate examination in a manner the court directs. (4) Notice of the filing under this section of a conservator's report, together with a copy of the report, must be provided to the individual subject to conservatorship, a person entitled to notice under RCW 11.130.420 (6) or a subsequent order, and other persons the court determines. The notice and report must be given not later than fourteen days after filing. (5) The court shall establish procedures for monitoring a report submitted under this section and review each report at least annually to determine whether: (a) The reports provide sufficient information to establish the conservator has complied with the conservator's duties; (b) The conservatorship should continue; and (c) The conservator's requested fees, if any, should be approved. (6) If the court determines there is reason to believe a conservator has not complied with the conservator's duties or the conservatorship should not continue, the court: (a) Shall notify the individual subject to conservatorship, the conservator, and any other person entitled to notice under RCW 11.130.420 (6) or a subsequent order; (b) May require additional information from the conservator; (c) May appoint a court visitor to interview the individual subject to conservatorship or conservator or investigate any matter involving the conservatorship; and (d) Consistent with RCW 11.130.565 and 11.130.570 , may hold a hearing to consider removal of the conservator, termination of the conservatorship, or a change in the powers granted to the conservator or terms of the conservatorship. (7) If the court has reason to believe fees requested by a conservator are not reasonable, the court shall hold a hearing to determine whether to adjust the requested fees. (8) A conservator 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) An order, after notice and hearing, approving an interim report of a conservator filed under this section adjudicates liabilities concerning a matter adequately disclosed in the report, as to a person given notice of the report or accounting. (10) 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 at annual, biennial, or triennial intervals 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 conservator has been serving the person under conservatorship; whether the conservator has timely filed all required reports with the court; whether the conservator is monitored by other state or local agencies; the income of the person subject to conservatorship; the value of the property of the person subject to conservatorship; the adequacy of the bond and other verified receipt; and whether there have been any allegations of abuse, neglect, or a breach of fiduciary duty against the conservator. (11) If the court approves a report filed under this section, the order approving the report shall contain a conservatorship summary or accompanied by a conservatorship summary in the form or substantially in the same form as set forth in RCW 11.130.665 . (12) 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 conservator containing an expiration date which will be within one hundred eighty days of the anniversary date of appointment. (13) An order, after notice and hearing, approving a final report filed under this section discharges the conservator from all liabilities, claims, and causes of action by a person given notice of the report and the hearing as to a matter adequately disclosed in the report. (14) Any requirement to establish a monitoring program under this section is subject to appropriation.
RCW 11.96A.270 — Washington Code / Title 11 / Chapter 96A / Section 270
RCW 11.96A.270: Intent—Parties can agree otherwise.
Status: in_force

The intent of RCW 11.96A.260 through 11.96A.320 is to provide for the efficient settlement of disputes in trust, estate, and nonprobate matters through mediation and arbitration by providing any party the right to proceed first with mediation and then arbitration before formal judicial procedures may be utilized. Accordingly, any of the requirements or rights under RCW 11.96A.260 through 11.96A.320 are subject to any contrary agreement between the parties or the parties' virtual representatives.
RCW 11.56.040 — Washington Code / Title 11 / Chapter 56 / Section 040
RCW 11.56.040: Order directing mortgage.
Status: in_force

If the court should determine that it is necessary or proper, for any of the said purposes, to mortgage any or all of said property, it may make an order directing the personal representative to mortgage such thereof as it may determine upon, and such order shall contain the terms and conditions of such transaction and authorize the personal representative to execute and deliver his or her note or notes and secure the same by mortgage, and thereafter it shall be the duty of such personal representative to comply with such order. The personal representative shall not deliver any such note, mortgage, or other evidence of indebtedness until he or she has first presented same to the court and obtained its approval of the form. Every mortgage so made and approved shall be effectual to mortgage and encumber all the right, title, and interest of the said estate in the property described therein at the time of the death of the said decedent, or acquired by his or her estate, and no irregularity in the proceedings shall impair or invalidate any mortgage given under such order of the court and approved by it.
RCW 11.42.110 — Washington Code / Title 11 / Chapter 42 / Section 110
RCW 11.42.110: Effect of judgment against notice agent.
Status: in_force

The effect of a judgment rendered against the notice agent shall be only to establish the amount of the judgment as an allowed claim.
RCW 11.135.900 — Washington Code / Title 11 / Chapter 135 / Section 900
RCW 11.135.900: Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
RCW 11.54.005 — Washington Code / Title 11 / Chapter 54 / Section 005
RCW 11.54.005: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Child" and "children," when used with reference to a decedent, means all persons who have a parent-child relationship, as defined in RCW 26.26A.100 , as a child with the decedent, regardless of a person's age. (2) "Claimant" means a person entitled to petition for an award under this chapter. If multiple parties are entitled to petition for an award, all of them are a "claimant." (3) "Dependent," when used with reference to a decedent's child, means a person who received more than half of that person's support from the decedent during the 12 months preceding the decedent's death. For the purposes of this subsection, the term "support" does not include any public or governmental support. (4) "Value," when used with reference to any property that may be exempt from the claims of creditors under this chapter or under the laws of another state and that is being purchased on contract or is subject to any encumbrance, means the value of the property net of the balance due on the contract and the amount of the encumbrance. Any property exempted from creditor's claims under RCW 11.54.008 or awarded under RCW 11.54.010 will continue to be subject to any such contract or encumbrance.
RCW 11.130.625 — Washington Code / Title 11 / Chapter 130 / Section 625
RCW 11.130.625: Notice of order.
Status: in_force

The petitioner shall give notice of an order under this article to the individual who is subject to the protective arrangement instead of guardianship or conservatorship, a person whose access to the individual is restricted by the order, and any other person the court determines.
RCW 11.110.020 — Washington Code / Title 11 / Chapter 110 / Section 020
RCW 11.110.020: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Person" means an individual, organization, group, association, partnership, corporation, or any combination of them. (2)(a) "Trustee" means: (i) Any person holding property in trust for a public charitable purpose; except the United States, its states, territories, and possessions, the District of Columbia, Puerto Rico, and their agencies and subdivisions; (ii) A corporation formed for the administration of a charitable trust; and (iii) Any person holding assets subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational, or similar purposes. (b) Unless they are described in (a)(i) or (ii) of this subsection, the term "trustee" does not apply to: (i) Washington nonprofit corporations incorporated under chapter 24.03A RCW or to which chapter 24.03A RCW applies through operation of RCW 24.03A.035 ; (ii) Religious corporations duly organized and operated in good faith as religious organizations, which have received a declaration of current tax exempt status from the government of the United States; their duly organized branches or chapters; and charities, agencies, and organizations affiliated with and forming an integral part of said organization, or operated, supervised, or controlled directly by such religious corporations nor any officer of any such religious organization who holds property for religious purposes. However, if such organization has not received from the United States government a declaration of current tax exempt status prior to the time it receives property under the terms of a charitable trust, this exemption shall be applicable for two years only from the time of receiving such property, or until such tax exempt status is finally declared, whichever is sooner; or (iii) An educational institution which is nonprofit and charitable, having a program of primary, secondary, or collegiate instruction comparable in scope to that of any public school or college operated by the state of Washington or any of its school districts.
RCW 11.118.090 — Washington Code / Title 11 / Chapter 118 / Section 090
RCW 11.118.090: Application of rule against perpetuities—Effective date of trust.
Status: in_force

RCW 11.98.130 through 11.98.160 apply to trusts that are subject to this chapter.
RCW 11.48.090 — Washington Code / Title 11 / Chapter 48 / Section 090
RCW 11.48.090: Actions for recovery of property and on contract.
Status: in_force

Actions for the recovery of any property or for the possession thereof, and all actions founded upon contracts, may be maintained by and against personal representatives in all cases in which the same might have been maintained by and against their respective testators or intestates.
RCW 11.40.150 — Washington Code / Title 11 / Chapter 40 / Section 150
RCW 11.40.150: Notice to creditors when personal representative resigns, dies, or is removed—Limit tolled by vacancy.
Status: in_force

(1) If a personal representative has given notice under RCW 11.40.020 and then resigns, dies, or is removed, the successor personal representative shall: (a) Publish notice of the vacancy and succession for two successive weeks in the legal newspaper in which notice was published under RCW 11.40.020 if the vacancy occurred within twenty-four months after the decedent's date of death; and (b) Provide actual notice of the vacancy and succession to a creditor if: (i) The creditor filed a claim and the claim had not been accepted or rejected by the prior personal representative; or (ii) the creditor's claim was rejected and the vacancy occurred within thirty days after rejection of the claim. (2) The time between the resignation, death, or removal and first publication of the vacancy and succession or, in the case of actual notice, the mailing of the notice of vacancy and succession must be added to the time within which a claim must be presented or a suit on a rejected claim must be filed. This section does not extend the twenty-four month self-executing bar under RCW 11.40.051 .
RCW 11.97.010 — Washington Code / Title 11 / Chapter 97 / Section 010
RCW 11.97.010: Power of trustor—Trust provisions control.
Status: in_force

The trustor of a trust may by the provisions of the trust relieve the trustee from any or all of the duties, restrictions, and liabilities which would otherwise be imposed by chapters 11.95A , 11.98, 11.100, and 11.104B RCW and RCW 11.106.020 , or may alter or deny any or all of the privileges and powers conferred by those provisions; or may add duties, restrictions, liabilities, privileges, or powers to those imposed or granted by those provisions. If any specific provision of those chapters is in conflict with the provisions of a trust, the provisions of the trust control whether or not specific reference is made in the trust to any of those chapters, except as provided in RCW 6.32.250 , 11.96A.190 , 19.36.020 , 11.98.002 , 11.98.200 through 11.98.240 , 11.98.072 (1), 11.95A.350 through 11.95A.375 , and chapter 11.103 RCW. In no event may a trustee be relieved of the duty to act in good faith and with honest judgment. Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute," "sole," or "uncontrolled," the trustee must exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.
RCW 11.130.160 — Washington Code / Title 11 / Chapter 130 / Section 160
RCW 11.130.160: Guardianship/conservatorship summary.
Status: in_force

Every order appointing a guardian or conservator and every court order approving accounts or reports filed by a guardian or conservator must include a guardianship/conservatorship summary placed directly below the case caption or on a separate cover page in or substantially in the same form as set forth in RCW 11.130.665 .
RCW 11.54.010 — Washington Code / Title 11 / Chapter 54 / Section 010
RCW 11.54.010: Award to surviving spouse, domestic partner, or children—Petition.
Status: in_force

(1) Any one or more of a decedent's surviving spouse, surviving registered domestic partner, and dependent children may commence a judicial proceeding under chapter 11.96A RCW for an award from the decedent's separate property and from the community property of the decedent and the decedent's spouse or registered domestic partner that are exempt from attachment, execution, and forced sale under RCW 11.54.008 . The petition must: (a) Set forth facts to establish that the claimant is entitled to an award under this chapter; (b) State the nature and value of those assets held by all potential claimants that are exempt from the claims of creditors and that are known to the claimant or could be known to the claimant with reasonable diligence; and (c) Describe all other assets then held by the claimants, including any interest the claimants may have in any of the decedent's probate or nonprobate property. (2) If a claimant proves by a preponderance of the evidence that an award of property exempt from the claims of creditors to the claimant would fulfill one or more of the purposes of this chapter, the court may grant the claimant an award that the court determines to be equitable. (3) If the decedent is survived by one or more dependent children, the court may divide the award between the surviving spouse or surviving registered domestic partner and all or any of the decedent's surviving dependent children as the court deems appropriate. (4) The awards under this chapter may be made either from the community property of the decedent and the decedent's spouse or registered domestic partner or from the separate property of the decedent. (5) Any and all homestead or other property exempt from attachment, execution, and forced sale under Title 6 RCW immediately before the decedent's death shall be included in the basic award. (6) The basic award may be made whether or not any proceedings have been commenced under this title relating to the decedent's probate or nonprobate assets.
RCW 11.96A.050 — Washington Code / Title 11 / Chapter 96A / Section 050
RCW 11.96A.050: Venue in proceedings involving probate or trust matters.
Status: in_force

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

(1) Venue for proceedings pertaining to trusts is: (a) For testamentary trusts established under wills probated in the state of Washington, in the superior court of the county where the probate of the will is being administered or was completed or, in the alternative, the superior court of the county where any qualified beneficiary of the trust as defined in RCW 11.98.002 resides, the county where any trustee resides or has a place of business, or the county where any real property that is an asset of the trust is located; and (b) For all other trusts, in the superior court of the county where any qualified beneficiary of the trust as defined in RCW 11.98.002 resides, the county where any trustee resides or has a place of business, or the county where any real property that is an asset of the trust is located. If no county has venue for proceedings pertaining to a trust under the preceding sentence, then in any county. (2) A party to a proceeding pertaining to a trust may request that venue be changed. If the request is made within four months of the giving of the first notice of a proceeding pertaining to the trust, except for good cause shown, venue must be moved to the county with the strongest connection to the trust as determined by the court, considering such factors as the residence of a qualified beneficiary of the trust as defined in RCW 11.98.002 , the residence or place of business of a trustee, and the location of any real property that is an asset of the trust. (3) Venue for proceedings subject to chapter 11.130 RCW must be determined under the provisions of those chapters [that chapter]. (4) Venue for proceedings pertaining to the probate of wills, the administration and disposition of a decedent's property, including nonprobate assets, and any other matter not identified in subsection (1), (2), or (3) of this section, must be in any county in the state of Washington that the petitioner selects. A party to a proceeding may request that venue be changed if the request is made within four months of the mailing of the notice of appointment and pendency of probate required by RCW 11.28.237 , and except for good cause shown, venue must be moved as follows: (a) If the decedent was a resident of the state of Washington at the time of death, to the county of the decedent's residence; or (b) If the decedent was not a resident of the state of Washington at the time of death, to any of the following: (i) Any county in which any part of the probate estate might be; (ii) If there are no probate assets, any county where any nonprobate asset might be; or (iii) The county in which the decedent died. (5) Once letters testamentary or of administration have been granted in the state of Washington, all orders, settlements, trials, and other proceedings under this title must be had or made in the county in which such letters have been granted unless venue is moved as provided in subsection (4) of this section. (6) Venue for proceedings pertaining to powers of attorney must be in the superior court of the county of the principal's residence, except for good cause shown. (7) If venue is moved, an action taken before venue is changed is not invalid because of the venue. (8) Any request to change venue that is made more than four months after the commencement of the action may be granted in the discretion of the court.
RCW 11.96A.230 — Washington Code / Title 11 / Chapter 96A / Section 230
RCW 11.96A.230: Entry of agreement with court—Effect.
Status: in_force

(1) Any party, or a party's legal representative, may file the written agreement or a memorandum summarizing the written agreement with the court having jurisdiction over the estate or trust. The agreement or a memorandum of its terms may be filed within thirty days of the agreement's execution by all parties only with the written consent of the special representative. The agreement or a memorandum of its terms may be filed after a special representative has commenced a proceeding under RCW 11.96A.240 only after the court has determined that the special representative has adequately represented and protected the parties represented. Failure to complete any action authorized or required under this subsection does not cause the written agreement to be ineffective and the agreement is nonetheless binding and conclusive on all persons interested in the estate or trust. (2) On filing the agreement or memorandum, the agreement will be deemed approved by the court and is equivalent to a final court order binding on all persons interested in the estate, trust, nonprobate asset, other property passing at death, or custodial property.
RCW 11.54.050 — Washington Code / Title 11 / Chapter 54 / Section 050
RCW 11.54.050: Decrease in amount of award—Factors for consideration.
Status: in_force

The court may decrease the amount of the award below the amount provided in RCW 11.54.020 (1) in the exercise of its discretion if: (1) The recipient is entitled to receive probate or nonprobate property, including insurance, by reason of the death of the decedent. In such a case the award may not be decreased by more than the value of the other property that is received by reason of the death of the decedent. The court shall consider the factors presented in RCW 11.54.040 (2) in determining the propriety of the award and the proper amount of the award, if any; or (2)(a) The decedent is survived by one or more dependent children who are not the children of the surviving spouse or surviving registered domestic partner and the award would decrease amounts otherwise distributable to those children; or (b) the award would have the effect of reducing amounts otherwise distributable to any of the decedent's dependent children. In either of the cases specified in this subsection (2), the court must consider the factors presented in RCW 11.54.040 (2) and (3) and 11.54.055 and whether the needs of the dependent children with respect to basic maintenance and support are and will be adequately provided for, both during and after any proceedings under this title relating to the decedent's probate or nonprobate assets, considering support from any source, including support from the decedent's surviving spouse or surviving registered domestic partner.
RCW 11.11.030 — Washington Code / Title 11 / Chapter 11 / Section 030
RCW 11.11.030: Waiver of right to dispose of a nonprobate asset under will—Revocation of waiver.
Status: in_force

An owner may waive the right to dispose of a specific nonprobate asset by will under this chapter, with or without consideration, by a written instrument signed by the owner and delivered to the financial institution or other third party, including but not limited to signature cards or deposit agreements. The waiver is revocable by written instrument delivered to the financial institution or other third party unless the owner has stated that the waiver is to be irrevocable.
RCW 11.110.140 — Washington Code / Title 11 / Chapter 110 / Section 140
RCW 11.110.140: Penalty.
Status: in_force

Every false statement of material fact knowingly made or caused to be made by any person in any statement or report filed under this chapter and every other violation of this chapter is a gross misdemeanor.
RCW 11.12.070 — Washington Code / Title 11 / Chapter 12 / Section 070
RCW 11.12.070: Devise or bequeathal of property subject to encumbrance.
Status: in_force

When any real or personal property subject to a mortgage is specifically devised, the devisee shall take such property so devised subject to such mortgage unless the will provides that such mortgage be otherwise paid. The term "mortgage" as used in this section shall not include a pledge of personal property. A charge or encumbrance upon any real or personal estate for the purpose of securing the payment of money, or the performance of any covenant or agreement, shall not be deemed a revocation of any will relating to the same estate, previously executed. The devises and legacies therein contained shall pass and take effect, subject to such charge or encumbrance.
RCW 11.130.505 — Washington Code / Title 11 / Chapter 130 / Section 505
RCW 11.130.505: Duties of conservator.
Status: in_force

(1) A conservator is a fiduciary and has duties of prudence and loyalty to the individual subject to conservatorship. (2) A conservator shall promote the self-determination of the individual subject to conservatorship and, to the extent feasible, encourage the individual to participate in decisions, act on the individual's own behalf, and develop or regain the capacity to manage the individual's personal affairs. (3) In making a decision for an individual subject to conservatorship, the conservator shall make the decision the conservator reasonably believes the individual would make if able, unless doing so would fail to preserve the resources needed to maintain the individual's well-being and lifestyle or otherwise unreasonably harm or endanger the welfare or personal or financial interests of the individual. To determine the decision the individual would make if able, the conservator shall consider the individual's prior or current directions, preferences, opinions, values, and actions, to the extent actually known or reasonably ascertainable by the conservator. (4) If a conservator cannot make a decision under subsection (3) of this section because the conservator does not know and cannot reasonably determine the decision the individual subject to conservatorship probably would make if able, or the conservator reasonably believes the decision the individual would make would fail to preserve resources needed to maintain the individual's well-being and lifestyle or otherwise unreasonably harm or endanger the welfare or personal or financial interests of the individual, the conservator shall act in accordance with the best interests of the individual. In determining the best interests of the individual, the conservator shall consider: (a) Information received from professionals and persons that demonstrate sufficient interest in the welfare of the individual; (b) Other information the conservator believes the individual would have considered if the individual were able to act; and (c) Other factors a reasonable person in the circumstances of the individual would consider, including consequences for others. (5) Except when inconsistent with the conservator's duties under subsections (1) through (4) of this section, a conservator shall invest and manage the conservatorship estate as a prudent investor would, by considering: (a) The circumstances of the individual subject to conservatorship and the conservatorship estate; (b) General economic conditions; (c) The possible effect of inflation or deflation; (d) The expected tax consequences of an investment decision or strategy; (e) The role of each investment or course of action in relation to the conservatorship estate as a whole; (f) The expected total return from income and appreciation of capital; (g) The need for liquidity, regularity of income, and preservation or appreciation of capital; and (h) The special relationship or value, if any, of specific property to the individual subject to conservatorship. (6) The propriety of a conservator's investment and management of the conservatorship estate is determined in light of the facts and circumstances existing when the conservator decides or acts and not by hindsight. (7) A conservator shall make a reasonable effort to verify facts relevant to the investment and management of the conservatorship estate. (8) A conservator that has special skills or expertise, or is named conservator in reliance on the conservator's representation of special skills or expertise, has a duty to use the special skills or expertise in carrying out the conservator's duties. (9) In investing, selecting specific property for distribution, and invoking a power of revocation or withdrawal for the use or benefit of the individual subject to conservatorship, a conservator shall consider any estate plan of the individual known or reasonably ascertainable to the conservator and may examine the will or other donative, nominative, or appointive instrument of the individual. (10) A conservator shall maintain insurance on the insurable real and personal property of the individual subject to conservatorship, unless the conservatorship estate lacks sufficient funds to pay for insurance or the court finds: (a) The property lacks sufficient equity; or (b) Insuring the property would unreasonably dissipate the conservatorship estate or otherwise not be in the best interest of the individual. (11) If a power of attorney for finances is in effect, a conservator shall cooperate with the agent to the extent feasible. (12) A conservator has access to and authority over a digital asset of the individual subject to conservatorship to the extent provided by the revised uniform fiduciary access to digital assets act (chapter 11.120 RCW) or court order. (13) A conservator for an adult shall notify the court if the condition of the adult has changed so that the adult is capable of exercising rights previously removed. The notice must be given immediately on learning of the change. (14) A conservator shall notify the court within thirty days of any substantial change in the value of the property of the person subject to conservatorship and shall provide a copy of the notice to the person subject to guardianship, a person entitled to notice under RCW 11.130.420 (6) or a subsequent court order, and any other person the court has determined is entitled to notice and schedule a hearing for the court to review the adequacy of the bond or other verified receipt under RCW 11.130.445 and 11.130.500 .
RCW 11.130.055 — Washington Code / Title 11 / Chapter 130 / Section 055
RCW 11.130.055: Judicial appointment of successor guardian or successor conservator.
Status: in_force

(1) The court at any time may appoint a successor guardian or successor conservator to serve immediately or when a designated event occurs. (2) A person entitled under RCW 11.130.190 or 11.130.270 to petition the court to appoint a guardian may petition the court to appoint a successor guardian. A person entitled under RCW 11.130.365 to petition the court to appoint a conservator may petition the court to appoint a successor conservator. (3) A successor guardian or successor conservator appointed to serve when a designated event occurs may act as guardian or conservator when: (a) The event occurs; and (b) The successor complies with RCW 11.130.040 . (4) A successor guardian or successor conservator has the predecessor's powers unless otherwise provided by the court.
RCW 11.130.365 — Washington Code / Title 11 / Chapter 130 / Section 365
RCW 11.130.365: Petition for appointment of conservator.
Status: in_force

(1) The following may petition for the appointment of a conservator: (a) The individual for whom the order is sought; (b) A person interested in the estate, financial affairs, or welfare of the individual, including a person that would be adversely affected by lack of effective management of property or financial affairs of the individual; or (c) The guardian for the individual. (2) A petition under subsection (1) of this section must state the petitioner's name, principal residence, current street address, if different, relationship to the respondent, interest in the appointment, the name and address of any attorney representing the petitioner, and, to the extent known, the following: (a) The respondent's name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed the respondent will reside if the petition is granted; (b) The name and address of the respondent's: (i) Spouse or domestic partner or, if the respondent has none, an adult with whom the respondent has shared household responsibilities for more than six months in the twelve-month period before the filing of the petition; (ii) Adult children or, if none, each parent and adult sibling of the respondent, or, if none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence; (iii) Adult stepchildren whom the respondent actively parented during the stepchildren's minor years and with whom the respondent had an ongoing relationship during the two years immediately before the filing of the petition; and (iv) Parents, if living and involved in the respondent's life; (c) The name and current address of each of the following, if applicable: (i) A person responsible for the care or custody of the respondent; (ii) Any attorney currently representing the respondent; (iii) The representative payee appointed by the social security administration for the respondent; (iv) A guardian or conservator acting for the respondent in this state or another jurisdiction; (v) A trustee or custodian of a trust or custodianship of which the respondent is a beneficiary; (vi) The fiduciary appointed for the respondent by the department of veterans affairs; (vii) An agent designated under a power of attorney for health care in which the respondent is identified as the principal; (viii) An agent designated under a power of attorney for finances in which the respondent is identified as the principal; (ix) A person known to have routinely assisted the respondent with decision making in the six-month period immediately before the filing of the petition; (x) Any proposed conservator, including a person nominated by the respondent, if the respondent is twelve years of age or older; and (xi) If the individual for whom a conservator is sought is a minor: (A) An adult not otherwise listed with whom the minor resides; and (B) Each person not otherwise listed that had primary care or custody of the minor for at least sixty days during the two years immediately before the filing of the petition or for at least seven hundred thirty days during the five years immediately before the filing of the petition; (d) 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; (e) The reason conservatorship is necessary, including a brief description of: (i) The nature and extent of the respondent's alleged need; (ii) If the petition alleges the respondent is missing, detained, or unable to return to the United States, the relevant circumstances, including the time and nature of the disappearance or detention and any search or inquiry concerning the respondent's whereabouts; (iii) Any protective arrangement instead of conservatorship or other less restrictive alternative for meeting the respondent's alleged need which has been considered or implemented; (iv) If no protective arrangement or other less restrictive alternatives have been considered or implemented, the reason it has not been considered or implemented; and (v) The reason a protective arrangement or other less restrictive alternative is insufficient to meet the respondent's need; (f) Whether the petitioner seeks a limited conservatorship or a full conservatorship; (g) If the petitioner seeks a full conservatorship, the reason a limited conservatorship or protective arrangement instead of conservatorship is not appropriate; (h) If the petition includes the name of a proposed conservator, the reason the proposed conservator should be appointed; (i) If the petition is for a limited conservatorship, a description of the property to be placed under the conservator's control and any requested limitation on the authority of the conservator; (j) Whether the respondent needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings; and (k) The name and address of an attorney representing the petitioner, if any.
RCW 11.130.615 — Washington Code / Title 11 / Chapter 130 / Section 615
RCW 11.130.615: Professional evaluation.
Status: in_force

(1) On receipt of a petition under RCW 11.130.595 and at the time the court appoints a court visitor under RCW 11.130.605 , the court shall order a professional evaluation of the respondent. (2) The respondent must be examined by a physician licensed to practice under chapter 18.71 or 18.57 RCW, psychologist licensed under chapter 18.83 RCW, *advanced registered nurse practitioner licensed under chapter 18.79 RCW, or physician assistant licensed under chapter 18.71A RCW selected by the court visitor who is qualified to evaluate the respondent's alleged cognitive and functional abilities and limitations and will not be advantaged or disadvantaged by a decision to grant the petition or otherwise have a conflict of interest. If the respondent opposes the professional selected by the court visitor, the court visitor shall obtain a professional evaluation from the professional selected by the respondent. The court visitor, after receiving a professional evaluation from the individual selected by the respondent, may obtain a supplemental evaluation from a different professional. (3) The individual conducting the evaluation shall provide the completed evaluation report to the court visitor within thirty days of the examination of the respondent. The court visitor shall file the report in a sealed record with the court. Unless otherwise directed by the court, the report must contain: (a) The professional's name, address, education, and experience; (b) A description of the nature, type, and extent of the respondent's cognitive and functional abilities and limitations; (c) An evaluation of the respondent's mental and physical condition and, if appropriate, education potential, adaptive behavior, and social skills; (d) A prognosis for improvement and recommendation for the appropriate treatment, support, or habilitation plan; (e) A description of the respondent's current medications, and the effect of the medications on the respondent's cognitive and functional abilities; (f) Identification or persons with whom the professional has met or spoken with regarding the respondent; and (g) The date of the examination on which the report is based. (4) If the respondent declines to participate in an evaluation ordered under subsection (1) of this section, the court may proceed with the hearing under RCW 11.130.600 if the court finds that it has sufficient information to determine the respondent's needs and abilities without the professional evaluation.
RCW 9A.60.060 — Washington Code / Title 11 / Chapter 60 / Section 060
RCW 9A.60.060: Fraudulent creation or revocation of a mental health advance directive.
Status: in_force

(1) For purposes of this section "mental health advance directive" means a written document that is a "mental health advance directive" as defined in RCW 71.32.020 . (2) A person is guilty of fraudulent creation or revocation of a mental health advance directive if he or she knowingly: (a) Makes, completes, alters, or revokes the mental health advance directive of another without the principal's consent; (b) Utters, offers, or puts off as true a mental health advance directive that he or she knows to be forged; or (c) Obtains or prevents the signature of a principal or witness to a mental health advance directive by deception or duress. (3) Fraudulent creation or revocation of a mental health advance directive is a class C felony.If the person entitled to performance shall die before the commencement of the proceedings according to the provisions of this title or before the completion of performance, any person who would have been entitled to the performance under him or her, as heir, devisee, or otherwise, in case the performance had been made according to the terms of the contract, or the personal representative of such deceased person, for the benefit of persons entitled, may commence such proceedings, or prosecute the same if already commenced; and the performance shall inure to the persons who would have been entitled to it, or to the personal representative for their benefit.
RCW 11.106.090 — Washington Code / Title 11 / Chapter 106 / Section 090
RCW 11.106.090: Appeal from decree.
Status: in_force

The decree rendered under RCW 11.106.070 shall be a final order from which any party in interest may appeal as in civil actions to the supreme court or the court of appeals of the state of Washington.
RCW 11.120.160 — Washington Code / Title 11 / Chapter 120 / Section 160
RCW 11.120.160: Custodian compliance and immunity.
Status: in_force

(1) Not later than sixty days after receipt of the information required under RCW 11.120.070 through 11.120.150 , a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance. (2) An order under subsection (1) of this section directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. Sec. 2702, as it existed on June 9, 2016. (3) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter. (4) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request. (5) This section does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which: (a) Specifies that an account belongs to the incapacitated person, trustor, decedent, or principal; (b) Specifies that there is sufficient consent from the incapacitated person, trustor, decedent, or principal to support the requested disclosure; and (c) Contains a finding required by law other than this chapter. (6) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
RCW 11.11.100 — Washington Code / Title 11 / Chapter 11 / Section 100
RCW 11.11.100: Authority to withhold transfer—Notice—Expenses of obtaining consent, authorization, direction.
Status: in_force

(1) This chapter does not require any financial institution or other third party to transfer a nonprobate asset to a beneficiary, testamentary beneficiary, or other person claiming an interest in the nonprobate asset if the financial institution or third party has actual knowledge of the existence of a dispute between beneficiaries, testamentary beneficiaries, or other persons concerning rights or ownership to the nonprobate asset under this chapter, or if the financial institution or third party is otherwise uncertain as to who is entitled to receive the nonprobate asset under this chapter. In any such case, the financial institution or third party may, without liability, notify in writing all beneficiaries, testamentary beneficiaries, or other persons claiming an interest in the nonprobate asset of either its uncertainty as to who is entitled to transfer of the nonprobate asset or the existence of any dispute, and it may also, without liability, refuse to transfer a nonprobate asset to a beneficiary or a testamentary beneficiary until such time as either: (a) All the beneficiaries, testamentary beneficiaries, and other interested persons have consented in writing to the transfer; or (b) The transfer is authorized or directed by a court of proper jurisdiction. (2) The expense of obtaining the written consent or court authorization or direction may, by order of the court, be paid by the personal representative as an expense of administration.
RCW 11.130.065 — Washington Code / Title 11 / Chapter 130 / Section 065
RCW 11.130.065: Notice of hearing generally.
Status: in_force

(1) Except as otherwise provided in RCW 11.130.195 , 11.130.220 , 11.130.275 , 11.130.370 , and 11.130.600 , if notice of a hearing under this chapter is required, the movant shall give notice of the date, time, and place of the hearing to the person to be notified unless otherwise ordered by the court for good cause. Except as otherwise provided in this chapter, notice must be given in compliance with the local superior court's rule of civil procedure at least fourteen days before the hearing. (2) Proof of notice of a hearing under this chapter must be made before or at the hearing and filed in the proceeding. (3) Notice of a hearing under this chapter must be in at least sixteen-point font, in plain language, and, to the extent feasible, in a language in which the person to be notified is proficient.
RCW 11.98.041 — Washington Code / Title 11 / Chapter 98 / Section 041
RCW 11.98.041: Change of trustee—Discharge of outgoing trustee, when.
Status: in_force

Where a vacancy occurs in the office of trustee under the circumstances described in RCW 11.98.039 (1) or (2), the outgoing trustee is discharged upon the agreement of all parties entitled to notice or upon the expiration of thirty days after notice is given of such vacancy as required by the applicable subsection of RCW 11.98.039 , whichever occurs first, or if no notice is required under RCW 11.98.039 (1), upon the date the vacancy occurs, unless before the effective date of such discharge a petition is filed under RCW 11.98.039 (4) regarding the appointment or change of a trustee of the trust. Where a petition is filed under RCW 11.98.039 (4) regarding the appointment or change of a trustee, the superior court having jurisdiction may discharge the trustee from the trust and may appoint a successor trustee upon such terms as the court may require.
RCW 11.135.901 — Washington Code / Title 11 / Chapter 135 / Section 901
RCW 11.135.901: Relation to electronic signatures in global and national commerce act.
Status: in_force

This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).
RCW 11.130.540 — Washington Code / Title 11 / Chapter 130 / Section 540
RCW 11.130.540: Transaction involving conflict of interest.
Status: in_force

A transaction involving a conservatorship estate which is affected by a substantial conflict between the conservator's fiduciary duties and personal interests is voidable unless the transaction is authorized by court order after notice to persons entitled to notice under RCW 11.130.420 (6) or a subsequent order. A transaction affected by a substantial conflict includes a sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator, an individual with whom the conservator resides, the spouse, domestic partner, descendant, sibling, agent, or attorney of the conservator, or a corporation or other enterprise in which the conservator has a substantial beneficial interest.
RCW 11.95A.375 — Washington Code / Title 11 / Chapter 95A / Section 375
RCW 11.95A.375: Exercise of power in favor of holder—Cause of action.
Status: in_force

RCW 11.95A.350 through 11.95A.370 neither create a new cause of action nor impair an existing cause of action that, in either case, relates to a power that was exercised before July 25, 1993. RCW 11.95A.350 through 11.95A.370 neither create a new cause of action nor impair an existing cause of action that in either case relates to a power proscribed, limited, or qualified under RCW 11.95A.350 through 11.95A.370 .
RCW 9A.60.010 — Washington Code / Title 11 / Chapter 60 / Section 010
RCW 9A.60.010: Definitions.
Status: in_force

The following definitions and the definitions of RCW 9A.56.010 are applicable in this chapter unless the context otherwise requires: (1) "Complete written instrument" means one which is fully drawn with respect to every essential feature thereof; (2) To "falsely alter" a written instrument means to change, without authorization by anyone entitled to grant it, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner; (3) To "falsely complete" a written instrument means to transform an incomplete written instrument into a complete one by adding or inserting matter, without the authority of anyone entitled to grant it; (4) To "falsely make" a written instrument means to make or draw a complete or incomplete written instrument which purports to be authentic, but which is not authentic either because the ostensible maker is fictitious or because, if real, he or she did not authorize the making or drawing thereof; (5) "Forged digital likeness" means a visual representation of an actual and identifiable individual, or an audio recording of an actual and identifiable individual's voice, which: (a) Has been digitally created, adapted, altered, or modified to be indistinguishable from a genuine visual representation or audio recording of the individual; (b) Misrepresents the appearance, speech, or conduct of the individual; and (c) Is likely to deceive a reasonable person into believing that the visual representation or audio recording is genuine; (6) "Forged instrument" means a written instrument which has been falsely made, completed, or altered; (7) "Incomplete written instrument" means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument; (8) "Visual representation" means any pictorial or motion picture representation, regardless of the media used; (9) "Written instrument" means: (a) Any paper, document, or other instrument containing written or printed matter or its equivalent; or (b) any access device, token, stamp, seal, badge, trademark, or other evidence or symbol of value, right, privilege, or identification.If any person, who is bound by contract, in writing, shall die before performing said contract, the superior court of the county in which the estate is being administered, may upon application of the personal representative, without notice, make an order authorizing and directing the personal representative to perform such contract.
RCW 11.104B.340 — Washington Code / Title 11 / Chapter 104B / Section 340
RCW 11.104B.340: Receipts normally apportioned—Asset-backed securities.
Status: in_force

(1) If a fiduciary receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the fiduciary shall allocate to income the portion of the payment which the payer identifies as being from interest or other current return and shall allocate the balance of the payment to principal. (2) If a fiduciary receives one or more payments in exchange for the fiduciary's entire interest in an asset-backed security in one accounting period, the fiduciary shall allocate the payments to principal. If a payment is one of a series of payments that will result in the liquidation of the trust's interest in the security over more than one accounting period, the fiduciary shall allocate 10 percent of the payment to income and the balance to principal.
RCW 11.40.130 — Washington Code / Title 11 / Chapter 40 / Section 130
RCW 11.40.130: Judgment against decedent—Execution barred upon decedent's death—Presentation—Sale of property.
Status: in_force

If a judgment was entered against the decedent during the decedent's lifetime, an execution may not issue on the judgment after the death of the decedent. The judgment must be presented in the manner provided in RCW 11.40.070 , but if the judgment is a lien on any property of the decedent, the property may be sold for the satisfaction of the judgment and the officer making the sale shall account to the personal representative for any surplus.
RCW 11.98.045 — Washington Code / Title 11 / Chapter 98 / Section 045
RCW 11.98.045: Criteria for transfer of trust assets or administration.
Status: in_force

(1) If a trust is a Washington trust under RCW 11.98.005 , a trustee may transfer the situs of the trust to a jurisdiction other than Washington if the trust instrument so provides or in accordance with RCW 11.98.051 or 11.98.055 . (2) Transfer under this section is permitted only if: (a) The transfer would facilitate the economic and convenient administration of the trust; (b) The transfer would not materially impair the interests of the qualified beneficiaries or others interested in the trust; (c) The transfer does not violate the terms of the trust; (d) The new trustee is qualified and able to administer the trust or such assets on the terms set forth in the trust; and (e) The trust meets at least one condition for situs listed in RCW 11.98.005 (1) with respect to the new jurisdiction. (3) Acceptance of such transfer by a foreign corporate trustee or trust company under this section or RCW 11.98.051 or 11.98.055 may not be construed to be doing a "trust business" as described in *RCW 30.08.150 (9).
RCW 11.48.210 — Washington Code / Title 11 / Chapter 48 / Section 210
RCW 11.48.210: Compensation—Attorney's fees.
Status: in_force

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

If testator by will makes provision for the compensation of his or her personal representative, that shall be taken as his or her full compensation unless he or she files in the court a written instrument renouncing all claim for the compensation provided by the will before qualifying as personal representative. The personal representative, when no compensation is provided in the will, or when he or she renounces all claim to the compensation provided in the will, shall be allowed such compensation for his or her services as the court shall deem just and reasonable. Additional compensation may be allowed for his or her services as attorney and for other services not required of a personal representative. An attorney performing services for the estate at the instance of the personal representative shall have such compensation therefor out of the estate as the court shall deem just and reasonable. Such compensation may be allowed at the final account; but at any time during administration a personal representative or his or her attorney may apply to the court for an allowance upon the compensation of the personal representative and upon attorney's fees. If the court finds that the personal representative has failed to discharge his or her duties as such in any respect, it may deny him or her any compensation whatsoever or may reduce the compensation which would otherwise be allowed.
RCW 11.140.100 — Washington Code / Title 11 / Chapter 140 / Section 100
RCW 11.140.100: Determination of incapacity—Effect.
Status: in_force

(1) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if: (a) The custodial trust was created under RCW 11.140.050 ; (b) the transferor has so directed in the instrument creating the custodial trust; or (c) the custodial trustee has determined that the beneficiary is incapacitated. (2) A custodial trustee may determine that the beneficiary is incapacitated in reliance upon: (a) Previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney; (b) the certificate of the beneficiary's physician; or (c) other persuasive evidence. (3) If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated. (4) On petition of the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated. (5) Absent determination of incapacity of the beneficiary under subsection (2) or (4) of this section, a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of this chapter applicable to an incapacitated beneficiary. (6) Incapacity of a beneficiary does not terminate: (a) The custodial trust; (b) any designation of a successor custodial trustee; (c) rights or powers of the custodial trustee; or (d) any immunities of third persons acting on instructions of the custodial trustee.
RCW 11.40.160 — Washington Code / Title 11 / Chapter 40 / Section 160
RCW 11.40.160: Personal representative as successor to notice agent—Notice not affected—Presumptions—Duties.
Status: in_force

If a notice agent had commenced nonprobate notice to creditors under chapter 11.42 RCW, the appointment of the personal representative does not affect the filing and publication of notice to creditors and does not affect actual notice to creditors given by the notice agent. The personal representative is presumed to have adopted or ratified all acts of the notice agent unless, within thirty days of appointment, the personal representative provides notice of rejection or nullification to the affected claimant or claimants by personal service or certified mail addressed to the claimant or claimant's agent, if applicable, at the address stated on the claim. The personal representative shall also provide notice under RCW 11.42.150 .
RCW 11.76.243 — Washington Code / Title 11 / Chapter 76 / Section 243
RCW 11.76.243: Heirs may institute probate proceedings if no claimant appears.
Status: in_force

If no person appears to claim the estate within four years after it is delivered to the county treasury, as provided by RCW 11.76.240 , any heirs of the absentee person may institute probate proceedings on the estate of such absentee within ninety days thereafter. The fact that no claim has been made to the estate by the absentee person during the specified time shall be deemed prima facie proof of the death of such person for the purpose of issuing letters of administration in his or her estate. In the event letters of administration are issued within the period provided above, the county treasurer shall make payment of the funds held by him or her to the administrator upon being furnished a certified copy of the letters of administration.
RCW 11.130.105 — Washington Code / Title 11 / Chapter 130 / Section 105
RCW 11.130.105: Compensation of guardian or conservator.
Status: in_force

(1) Subject to court approval, a guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, clothing, and other appropriate expenses advanced for the benefit of the individual subject to guardianship. The court shall determine if the fees charged by a guardian and conservator are just and reasonable. (2) Subject to court approval, a conservator is entitled to reasonable compensation for services and reimbursement for appropriate expenses from the property of the individual subject to conservatorship. (3) In determining reasonable compensation for a guardian or conservator, the court, or a conservator in determining reasonable compensation for a guardian as provided in subsection (1) of this section, shall approve compensation that shall not exceed the typical amounts paid for comparable services in the community, at a rate for which the service can be performed in the most efficient and cost-effective manner, considering: (a) The necessity and quality of the services provided; (b) The experience, training, professional standing, and skills of the guardian or conservator; (c) The difficulty of the services performed, including the degree of skill and care required; (d) The conditions and circumstances under which a service was performed, including whether the service was provided outside regular business hours or under dangerous or extraordinary conditions; (e) The effect of the services on the individual subject to guardianship or conservatorship; (f) The extent to which the services provided were or were not consistent with the guardian's plan under RCW 11.130.340 or conservator's plan under RCW 11.130.510 ; and (g) The fees customarily paid to a person that performs a like service in the community. (4) A guardian or conservator need not use personal funds of the guardian or conservator for the expenses of the individual subject to guardianship or conservatorship. (5) Where the person subject to guardianship or conservatorship is a department of social and health services client, or health care authority client, and is required to contribute a portion of their income towards the cost of long-term care services or room and board, the amount of compensation or reimbursement shall not exceed the amount allowed by the department of social and health services or health care authority by rule. (6) Where the person subject to guardianship or conservatorship receives guardianship, conservatorship, or other protective services from the *office of public guardianship, the amount of compensation or reimbursement shall not exceed the amount allowed by the *office of public guardianship. (7) If an individual subject to guardianship or conservatorship seeks to modify or terminate the guardianship or conservatorship or remove the guardian or conservator, the court may order compensation to the guardian or conservator for time spent opposing modification, termination, or removal only to the extent the court determines the opposition was reasonably necessary to protect the interests of the individual subject to guardianship or conservatorship.
RCW 11.76.060 — Washington Code / Title 11 / Chapter 76 / Section 060
RCW 11.76.060: Continuance to cite in sureties on bond when account incorrect.
Status: in_force

If, at any hearing upon any report of any personal representative, it shall appear to the court before which said proceeding is pending that said personal representative has not fully accounted to the beneficiaries of his or her trust and that said report should not be approved as rendered, the court may continue said hearing to a day certain and may cite the surety upon the bond of said personal representative to appear upon the date fixed in said citation and show cause why the account should not be disapproved and judgment entered for any deficiency against said personal representative and the surety upon his or her bond. Said citation shall be personally served upon said surety in the manner provided by law for the service of summons in civil actions and shall be served not less than twenty days previous to said hearing. At said hearing any interested party, including the surety so cited, shall have the right to introduce any evidence which shall be material to the matter before the court. If, at said hearing, the report of said personal representative shall not be approved and the court shall find that said personal representative is indebted to the beneficiary of his or her trust in any amount, the court may thereupon enter final judgment against said personal representative and the surety upon his or her bond, which judgment shall be enforceable in the same manner and to the same extent as judgments in ordinary civil actions.
RCW 11.130.645 — Washington Code / Title 11 / Chapter 130 / Section 645
RCW 11.130.645: Petition for guardianship for minor.
Status: in_force

This form may be used to petition for guardianship for a minor. Petition for Guardianship for Minor State of:. . . . County of:. . . . Name and address of attorney representing petitioner, if applicable:. . . . . . . . . . . . Note to petitioner: This form can be used to petition for a guardian for a minor. A court may appoint a guardian for a minor who does not have a guardian if the court finds the appointment is in the minor's best interest, and: The parents, after being fully informed of the nature and consequences of guardianship, consent; all parental rights have been terminated; or the court finds by clear and convincing evidence that the parents are unwilling or unable to exercise their parental rights. (1) Information about the person filing this petition (the petitioner.) (a) Name:. . . . (b) Principal residence:. . . . (c) Current street address (if different):. . . . (d) Relationship to minor:. . . . (e) Interest in this petition:. . . . (f) Telephone number (optional):. . . . (g) Email address (optional):. . . . (2) Information about the minor alleged to need a guardian. Provide the following information to the extent known. (a) Name:. . . . (b) Age:. . . . (c) Principal residence:. . . . (d) Current street address (if different):. . . . (e) If petitioner anticipates the minor moving, or seeks to move the minor, proposed new address:. . . . (f) Does the minor need an interpreter, translator, or other form of support to communicate with the court or understand court proceedings? If so, please explain:. . . . (g) Telephone number (optional):. . . . (h) Email address (optional):. . . . (3) Information about the minor's parent(s). (a) Name(s) of living parent(s):. . . . (b) Current street address(es) of living parent(s):. . . . (c) Does any parent need an interpreter, translator, or other form of support to communicate with the court or understand court proceedings? If so, please explain:. . . . . . . . . . . . (4) People who are required to be notified of this petition. State the name and current address of the people listed in Appendix A. . . . . . . . . (5) Appointment requested. State the name and address of any proposed guardian and the reason the proposed guardian should be selected. . . . . . . . . (6) State why petitioner seeks the appointment. Include a description of the nature and extent of the minor's alleged need. . . . . . . . . (7) Property. If the minor has property other than personal effects, state the minor's property with an estimate of its value. . . . . . . . . (8) Other proceedings. If there are any other proceedings concerning the care or custody of the minor currently pending in any court in this state or another jurisdiction, please describe them. . . . . . . . . (9) Attorney(s). If the minor or the minor's parent is represented by an attorney in this matter, state the name, telephone number, email address, and address of the attorney(s). . . . . . . . . SIGNATURE . . . . . . . . . . Signature of Petitioner Date . . . . . . . . . . Signature of Petitioner's Attorney if Date Petitioner is Represented by Counsel APPENDIX A: People whose name and address must be listed in subsection (4) of this petition if they are not the petitioner: The minor, if the minor is twelve years of age or older; Each parent of the minor or, if there are none, the adult nearest in kinship that can be found; An adult with whom the minor resides; Each person that had primary care or custody of the minor for at least sixty days during the two years immediately before the filing of the petition or for at least seven hundred thirty days during the five years immediately before the filing of the petition; If the minor is twelve years of age or older, any person nominated as guardian by the minor; Any person nominated as guardian by a parent of the minor; The grandparents of the minor; Adult siblings of the minor; and Any current guardian or conservator for the minor appointed in this state or another jurisdiction.
RCW 11.104B.310 — Washington Code / Title 11 / Chapter 104B / Section 310
RCW 11.104B.310: Receipts normally apportioned—Timber.
Status: in_force

(1) To the extent a fiduciary does not account for receipts from the sale of timber and related products as a business under RCW 11.104B.220 , the fiduciary shall allocate the net receipts: (a) To income, to the extent the amount of timber cut from the land does not exceed the rate of growth of the timber; (b) To principal, to the extent the amount of timber cut from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber; (c) Between income and principal if the net receipts are from the lease of land used for growing and cutting timber or from a contract to cut timber from land, by determining the amount of timber cut from the land under the lease or contract and applying the rules in (a) or (b) of this subsection; or (d) To principal, to the extent advance payments, bonuses, and other payments are not allocated under (a), (b), or (c) of this subsection. (2) In determining net receipts to be allocated under subsection (1) of this section, a fiduciary shall deduct and transfer to principal a reasonable amount for depletion. (3) This section applies to land owned or held by a fiduciary whether or not a settlor was cutting timber from the land before the fiduciary owned or held the property. (4) If a fiduciary owns or holds an interest in land used for growing and cutting timber before January 1, 2022, the fiduciary may allocate net receipts from the sale of timber and related products as provided in this section or in the manner used by the fiduciary before January 1, 2022. If the fiduciary acquires an interest in land used for growing and cutting timber on or after January 1, 2022, the fiduciary shall allocate net receipts from the sale of timber and related products as provided in this section.
RCW 11.40.135 — Washington Code / Title 11 / Chapter 40 / Section 135
RCW 11.40.135: Secured claim—Creditor's right.
Status: in_force

If a creditor's claim is secured by any property of the decedent, this chapter does not affect the right of a creditor to realize on the creditor's security, whether or not the creditor presented the claim in the manner provided in RCW 11.40.070 .
RCW 11.130.525 — Washington Code / Title 11 / Chapter 130 / Section 525
RCW 11.130.525: Distribution from conservatorship estate.
Status: in_force

Except as otherwise provided in RCW 11.130.435 or qualified or limited in the court's order of appointment and stated in the letters of office, and unless contrary to a conservator's plan under RCW 11.130.510 , the conservator may expend or distribute income or principal of the conservatorship estate without specific court authorization or confirmation for the support, care, education, health, or welfare of the individual subject to conservatorship or an individual who is in fact dependent on the individual subject to conservatorship, including the payment of child or spousal support, in accordance with the following rules: (1) The conservator shall consider a recommendation relating to the appropriate standard of support, care, education, health, or welfare for the individual subject to conservatorship or individual who is dependent on the individual subject to conservatorship, made by a guardian for the individual subject to conservatorship, if any, and, if the individual subject to conservatorship is a minor, a recommendation made by a parent of the minor. (2) The conservator acting in compliance with the conservator's duties under RCW 11.130.505 is not liable for an expenditure or distribution made based on a recommendation under subsection (1) of this section unless the conservator knows the expenditure or distribution is not in the best interest of the individual subject to conservatorship. (3) In making an expenditure or distribution under this section, the conservator shall consider: (a) The size of the conservatorship estate, the estimated duration of the conservatorship, and the likelihood the individual subject to conservatorship, at some future time, may be fully self-sufficient and able to manage the individual's financial affairs and the conservatorship estate; (b) The accustomed standard of living of the individual subject to conservatorship and individual who is dependent on the individual subject to conservatorship; (c) Other funds or source used for the support of the individual subject to conservatorship; and (d) The preferences, values, and prior directions of the individual subject to conservatorship. (4) Funds expended or distributed under this section may be paid by the conservator to any person, including the individual subject to conservatorship, as reimbursement for expenditures the conservator might have made, or in advance for services to be provided to the individual subject to conservatorship or individual who is dependent on the individual subject to conservatorship if it is reasonable to expect the services will be performed and advance payment is customary or reasonably necessary under the circumstances.
RCW 11.104B.410 — Washington Code / Title 11 / Chapter 104B / Section 410
RCW 11.104B.410: Disbursements—Disbursement from principal.
Status: in_force

(1) Subject to RCW 11.104B.440 , and except as otherwise provided in RCW 11.104B.500 (3)(b), a fiduciary shall disburse from principal: (a) The balance of the disbursements described in RCW 11.104B.400 (1) and (3) after application of RCW 11.104B.400 (2); (b) The fiduciary's compensation calculated on principal as a fee for acceptance, distribution, or termination; (c) A payment of an expense to prepare for or execute a sale or other disposition of property; (d) A payment on the principal of a trust debt; (e) A payment of an expense of an accounting, judicial or nonjudicial proceeding, or other matter that involves primarily principal, including a proceeding to construe the terms of the trust or protect property; (f) A payment of a premium for insurance, including title insurance, not described in RCW 11.104B.400 (4), of which the fiduciary is the owner and beneficiary; (g) A payment of an estate or inheritance tax or other tax imposed because of the death of a decedent, including penalties, apportioned to the trust; and (h) A payment: (i) Related to environmental matters, including: (A) Reclamation; (B) Assessing environmental conditions; (C) Remedying and removing environmental contamination; (D) Monitoring remedial activities and the release of substances; (E) Preventing future releases of substances; (F) Collecting amounts from persons liable or potentially liable for the costs of activities described in (h)(i)(A) through (E) of this subsection (1); (G) Penalties imposed under environmental laws or regulations; (H) Other actions to comply with environmental laws or regulations; (I) Statutory or common law claims by third parties; and (J) Defending claims based on environmental matters; and (ii) For a premium for insurance for matters described in (h)(i) of this subsection (1). (2) If a principal asset is encumbered with an obligation that requires income from the asset to be paid directly to a creditor, the fiduciary shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.
RCW 11.104B.150 — Washington Code / Title 11 / Chapter 104B / Section 150
RCW 11.104B.150: Unitrusts—Unitrust rates.
Status: in_force

(1) Except as otherwise provided in RCW 11.104B.180 (2)(a), a unitrust rate may be: (a) A fixed unitrust rate; or (b) A unitrust rate that is determined for each period using: (i) A market index or other published data; or (ii) A mathematical blend of market indices or other published data over a stated number of preceding periods. (2) Except as otherwise provided in RCW 11.104B.180 (2)(a), a unitrust policy may provide: (a) A limit on how high the unitrust rate determined under subsection (1)(b) of this section may rise; (b) A limit on how low the unitrust rate determined under subsection (1)(b) of this section may fall; (c) A limit on how much the unitrust rate determined under subsection (1)(b) of this section may increase over the unitrust rate for the preceding period or a mathematical blend of unitrust rates over a stated number of preceding periods; (d) A limit on how much the unitrust rate determined under subsection (1)(b) of this section may decrease below the unitrust rate for the preceding period or a mathematical blend of unitrust rates over a stated number of preceding periods; or (e) A mathematical blend of any of the unitrust rates determined under subsection (1)(b) of this section and (a) through (d) of this subsection.
RCW 11.104B.070 — Washington Code / Title 11 / Chapter 104B / Section 070
RCW 11.104B.070: Fiduciary duties—Power to adjust.
Status: in_force

(1) Except as otherwise provided in the terms of a trust or this section, a fiduciary, in a record, without court approval, may adjust between income and principal if the fiduciary determines the exercise of the power to adjust is necessary to administer the trust or estate in accordance with the requirements of RCW 11.104B.050 (1). (2) This section does not create a duty to exercise or consider the power to adjust under subsection (1) of this section or to inform a beneficiary about the applicability of this section. (3) A fiduciary that in good faith exercises or fails to exercise the power to adjust under subsection (1) of this section is not liable to a person affected by the exercise or failure to exercise. (4) In deciding whether and to what extent to exercise the power to adjust under subsection (1) of this section, a fiduciary shall consider all factors the fiduciary considers relevant, including relevant factors in RCW 11.104B.050 (5) and the application of RCW 11.104B.200 (9), 11.104B.270 , or 11.104B.320 . (5) A fiduciary may not exercise the power under subsection (1) of this section to make an adjustment or under RCW 11.104B.270 to make a determination that an allocation is insubstantial if: (a) The adjustment or determination would reduce the amount payable to a current income beneficiary from a trust that qualifies for a special tax benefit, except to the extent the adjustment is made to provide for a reasonable apportionment of the total return of the trust between the current income beneficiary and successor beneficiaries; (b) The adjustment or determination would change the amount payable to a beneficiary, as a fixed annuity or a fixed fraction of the value of the trust assets, under the terms of the trust; (c) The adjustment or determination would reduce an amount that is permanently set aside for a charitable purpose under the terms of the trust, unless both income and principal are set aside for the charitable purpose; (d) Possessing or exercising the power would cause a person to be treated as the owner of all or part of the trust for federal income tax purposes; (e) Possessing or exercising the power would cause all or part of the value of the trust assets to be included in the gross estate of an individual for federal estate tax purposes; (f) Possessing or exercising the power would cause an individual to be treated as making a gift for federal gift tax purposes; (g) The fiduciary is not an independent person; (h) The trust is irrevocable and provides for income to be paid to the settlor and possessing or exercising the power would cause the adjusted principal or income to be considered an available resource or available income under a public benefit program; or (i) The trust is a unitrust under Article 3 of this chapter. (6) If subsection (5)(d), (e), (f), or (g) of this section applies to a fiduciary: (a) A cofiduciary to which subsection (5)(d) through (g) of this section does not apply may exercise the power to adjust, unless the exercise of the power by the remaining cofiduciary or cofiduciaries is not permitted by the terms of the trust or law other than this chapter; or (b) If there is no cofiduciary to which subsection (5)(d) through (g) of this section does not apply, the fiduciary may appoint a cofiduciary to which subsection (5)(d) through (g) of this section does not apply, which may be a special fiduciary with limited powers, and the appointed cofiduciary may exercise the power to adjust under subsection (1) of this section, unless the appointment of a cofiduciary or the exercise of the power by a cofiduciary is not permitted by the terms of the trust or law other than this chapter. (7) A fiduciary may release or delegate to a cofiduciary the power to adjust under subsection (1) of this section if the fiduciary determines that the fiduciary's possession or exercise of the power will or may: (a) Cause a result described in subsection (5)(a) through (f) or (h) of this section; or (b) Deprive the trust of a tax benefit or impose a tax burden not described in subsection (5)(a) through (f) of this section. (8) A fiduciary's release or delegation to a cofiduciary under subsection (7) of this section of the power to adjust under subsection (1) of this section: (a) Must be in a record; (b) Applies to the entire power, unless the release or delegation provides a limitation, which may be a limitation to the power to adjust: (i) From income to principal; (ii) From principal to income; (iii) For specified property; or (iv) In specified circumstances; (c) For a delegation, may be modified by a redelegation under this subsection by the cofiduciary to which the delegation is made; and (d) Subject to (c) of this subsection (8), is permanent, unless the release or delegation provides a specified period, including a period measured by the life of an individual or the lives of more than one individual. (9) Terms of a trust which deny or limit the power to adjust between income and principal do not affect the application of this section, unless the terms of the trust expressly deny or limit the power to adjust under subsection (1) of this section. (10) The exercise of the power to adjust under subsection (1) of this section in any accounting period may apply to the current period, the immediately preceding period, and one or more subsequent periods. (11) A description of the exercise of the power to adjust under subsection (1) of this section must be: (a) Included in a report, if any, sent to all beneficiaries; or (b) Communicated at least annually to all beneficiaries that receive or are entitled to receive income from the trust or would be entitled to receive a distribution of principal if the trust were terminated at the time the notice is sent, assuming no power of appointment is exercised.
RCW 11.02.070 — Washington Code / Title 11 / Chapter 02 / Section 070
RCW 11.02.070: Community property—Disposition—Probate administration of.
Status: in_force

Except as provided in RCW 41.04.273 and 11.84.025 , upon the death of a decedent, a one-half share of the community property shall be confirmed to the surviving spouse or surviving domestic partner, and the other one-half share shall be subject to testamentary disposition by the decedent, or shall descend as provided in chapter 11.04 RCW. The whole of the community property shall be subject to probate administration for all purposes of this title, including the payment of obligations and debts of the community, the award in lieu of homestead, the allowance for family support, and any other matter for which the community property would be responsible or liable if the decedent were living.
RCW 68.64.040 — Washington Code / Title 11 / Chapter 64 / Section 040
RCW 68.64.040: Manner in which an anatomical gift may be made.
Status: in_force

(1) A donor may make an anatomical gift: (a) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card; (b) In a will; (c) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or (d) As provided in subsection (2) of this section. (2) A donor or other person authorized to make an anatomical gift under RCW 68.64.030 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must: (a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (b) State that it has been signed and witnessed as provided in (a) of this subsection. (3) Revocation, suspension, expiration, or cancellation of a driver's license or identification card through which an anatomical gift has been made does not invalidate the gift. (4) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.The court may, in instances where it is deemed advisable, authorize and direct the personal representative of the estate of a deceased partner to enter into an agreement with the surviving partner or partners under which the surviving partner or partners may continue to operate any going business of the former partnership until the further order of the court. The court may, in its discretion, revoke such authority and direction and thereby terminate such agreement at any time by further order, entered upon the application of the personal representative or the surviving partner or partners or any interested person or on its own motion.
RCW 11.08.300 — Washington Code / Title 11 / Chapter 08 / Section 300
RCW 11.08.300: Transfer of property to department of revenue.
Status: in_force

Escheat property may be transferred to the department of revenue under the provisions of RCW 11.62.005 through 11.62.020 . The department of revenue shall furnish proof of death and an affidavit made by the department which meets the requirements of RCW 11.62.010 to any person who is indebted to or has possession of any personal property belonging to the decedent or to the decedent and his or her surviving spouse or surviving domestic partner as a community, which debt or personal property is an asset which is subject to probate. Upon receipt of such proof of death and affidavit, the person shall pay the indebtedness or deliver the personal property, or as much of either as is claimed, to the department of revenue pursuant to RCW 11.62.010 . The department of revenue shall file a copy of its affidavit made pursuant to chapter 11.62 RCW with the clerk of the court where any probate administration of the decedent has been commenced, or, if no probate administration has been commenced, then with the clerk of the court of any county provided by law as a place for probate administration of the estate of such person. The affidavit shall be indexed under the name of the decedent in the probate index upon payment of a fee of two dollars. Any claimant to escheated funds shall have seven years from the filing of the affidavit by the department of revenue within which to file the claim. The claim shall be filed with the clerk of the court where the affidavit of the department of revenue was filed, and a copy served upon the department of revenue, together with twenty days notice of a hearing to be held thereon, and the provisions of RCW 11.08.250 through 11.08.280 shall apply.
RCW 11.44.015 — Washington Code / Title 11 / Chapter 44 / Section 015
RCW 11.44.015: Inventory and appraisement—Filing—Copy distribution.
Status: in_force

(1) Within three months after appointment, unless a longer time shall be granted by the court, every personal representative shall make and verify by affidavit a true inventory and appraisement of all of the property of the estate passing under the will or by laws of intestacy and which shall have come to the personal representative's possession or knowledge, including a statement of all encumbrances, liens, or other secured charges against any item. The personal representative shall determine the fair net value, as of the date of the decedent's death, of each item contained in the inventory after deducting the encumbrances, liens, and other secured charges on the item. Such property shall be classified as follows: (a) Real property, by legal description; (b) Stocks and bonds; (c) Mortgages, notes, and other written evidences of debt; (d) Bank accounts and money; (e) Furniture and household goods; (f) All other personal property accurately identified, including the decedent's proportionate share in any partnership, but no inventory of the partnership property shall be required of the personal representative. (2) The inventory and appraisement may, but need not be, filed in the probate cause, but upon receipt of a written request for a copy of the inventory and appraisement from any heir, legatee, devisee, unpaid creditor who has filed a claim, or beneficiary of a nonprobate asset from whom contribution is sought under RCW 11.18.200 , or from the department of revenue, the personal representative shall furnish to the person, within ten days of receipt of a request, a true and correct copy of the inventory and appraisement.
RCW 11.104B.050 — Washington Code / Title 11 / Chapter 104B / Section 050
RCW 11.104B.050: Fiduciary duties—General principles.
Status: in_force

(1) In making an allocation or determination or exercising discretion under this chapter, a fiduciary shall: (a) Act in good faith, based on what is fair and reasonable to all beneficiaries; (b) Administer a trust or estate impartially, except to the extent the terms of the trust manifest an intent that the fiduciary shall or may favor one or more beneficiaries; (c) Administer the trust or estate in accordance with the terms of the trust, even if there is a different provision in this chapter; and (d) Administer the trust or estate in accordance with this chapter, except to the extent the terms of the trust provide otherwise or authorize the fiduciary to determine otherwise. (2) A fiduciary's allocation, determination, or exercise of discretion under this chapter is presumed to be fair and reasonable to all beneficiaries. A fiduciary may exercise a discretionary power of administration given to the fiduciary by the terms of the trust, and an exercise of the power which produces a result different from a result required or permitted by this chapter does not create an inference that the fiduciary abused the fiduciary's discretion. (3) A fiduciary shall: (a) Add a receipt to principal, to the extent neither the terms of the trust nor this chapter allocates the receipt between income and principal; and (b) Charge a disbursement to principal, to the extent neither the terms of the trust nor this chapter allocates the disbursement between income and principal. (4) A fiduciary may exercise the power to adjust under RCW 11.104B.070 , convert an income trust to a unitrust under RCW 11.104B.120 (1)(a), change the percentage or method used to calculate a unitrust amount under RCW 11.104B.120 (1)(b), or convert a unitrust to an income trust under RCW 11.104B.120 (1)(c), if the fiduciary determines the exercise of the power is necessary to administer the trust or estate in accordance with the requirements of subsection (1) of this section. (5) Factors the fiduciary must consider in making the determination under subsection (4) of this section include: (a) The terms of the trust; (b) The nature, distribution standards, and expected duration of the trust; (c) The effect of the allocation rules, including specific adjustments between income and principal, under Articles 4 through 7 of this chapter; (d) The desirability of liquidity and regularity of income; (e) The desirability of the preservation and appreciation of principal; (f) The extent to which an asset is used or may be used by a beneficiary; (g) The increase or decrease in the value of principal assets, reasonably determined by the fiduciary; (h) Whether and to what extent the terms of the trust give the fiduciary power to accumulate income or invade principal or prohibit the fiduciary from accumulating income or invading principal; (i) The extent to which the fiduciary has accumulated income or invaded principal in preceding accounting periods; (j) The effect of current and reasonably expected economic conditions; and (k) The reasonably expected tax consequences of the exercise of the power.
RCW 11.62.005 — Washington Code / Title 11 / Chapter 62 / Section 005
RCW 11.62.005: Definitions.
Status: in_force

As used in this chapter, the following terms shall have the meanings indicated. (1) "Personal property" shall include any tangible personal property, any instrument evidencing a debt, obligation, stock, chose in action, license or ownership, any debt or any other intangible property. (2)(a) "Successor" and "successors" shall mean (subject to subsection (2)(b) of this section): (i) That person or those persons who are entitled to the claimed property pursuant to the terms and provisions of the last will and testament of the decedent or by virtue of the laws of intestate succession contained in this title; and/or (ii) The surviving spouse or surviving domestic partner of the decedent to the extent that the surviving spouse or surviving domestic partner is entitled to the property claimed as his or her undivided one-half interest in the community property of said spouse or said domestic partner and the decedent; and/or (iii) The department of social and health services, to the extent of funds expended or paid, in the case of claims provided under RCW 43.20B.080 ; and/or (iv) This state, in the case of escheat property. (b) Any person claiming to be a successor solely by reason of being a creditor of the decedent or of the decedent's estate, except for the state as set forth in (a)(iii) and (iv) of this subsection, shall be excluded from the definition of "successor". (3) "Person" shall mean any individual or organization, specifically including but not limited to a bank, credit union, brokerage firm or stock transfer agent, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.
RCW 11.95A.365 — Washington Code / Title 11 / Chapter 95A / Section 365
RCW 11.95A.365: Exercise of power in favor of holder—Inference of law.
Status: in_force

RCW 11.95A.350 through 11.95A.375 do not raise an inference that the law of this state prior to July 25, 1993, was different than contained in RCW 11.95A.350 through 11.95A.375 .
RCW 11.114.100 — Washington Code / Title 11 / Chapter 114 / Section 100
RCW 11.114.100: Single custodianship.
Status: in_force

A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
RCW 11.76.230 — Washington Code / Title 11 / Chapter 76 / Section 230
RCW 11.76.230: Liability of agent.
Status: in_force

The agent shall be liable on his or her bond for the care and preservation of the estate while in his or her hands, and for the payment of the funds to the county treasury, and may be sued thereon by any person interested including the state.
RCW 11.103.040 — Washington Code / Title 11 / Chapter 103 / Section 040
RCW 11.103.040: Trustor's powers—Powers of withdrawal.
Status: in_force

While the trustor of a revocable trust is living, the rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the trustor. If a revocable trust has more than one trustor, the duties of the trustee are owed to all of the living trustors having the right to revoke the trust.
RCW 11.102.040 — Washington Code / Title 11 / Chapter 102 / Section 040
RCW 11.102.040: Interpretation of chapter.
Status: in_force

This chapter shall be so interpreted and construed to effectuate its general purpose to make uniform the laws of those states which enact it.
RCW 11.48.160 — Washington Code / Title 11 / Chapter 48 / Section 160
RCW 11.48.160: Default judgment not evidence of assets—Exception.
Status: in_force

When a judgment is given against a personal representative for want of answer, such judgment is not to be deemed evidence of assets in his or her hands, unless it appear that the complaint alleged assets and that the notice was served upon him or her.
RCW 11.125.090 — Washington Code / Title 11 / Chapter 125 / Section 090
RCW 11.125.090: Power of attorney—When effective—Principal's personal representative for health care.
Status: in_force

(1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (2) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing that the event or contingency has occurred. (3) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing by: (a) A physician or licensed psychologist, unrelated to the principal or agent by blood or marriage, who has personally examined the principal, that the principal is incapacitated within the meaning of RCW 11.125.020 (5)(a); or (b) A judge or an appropriate governmental official that the principal is incapacitated within the meaning of RCW 11.125.020 (5)(b). (4) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the health insurance portability and accountability act, sections 1171 through 1179 of the social security act, 42 U.S.C. Sec. 1320d, as amended, and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider.
RCW 11.114.140 — Washington Code / Title 11 / Chapter 114 / Section 140
RCW 11.114.140: Use of custodial property.
Status: in_force

(1) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (a) the duty or ability of the custodian personally or of any other person to support the minor, or (b) any other income or property of the minor which may be applicable or available for that purpose. (2) On petition of an interested person or the minor if the minor has attained the age of eighteen years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor. (3) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
RCW 11.08.290 — Washington Code / Title 11 / Chapter 08 / Section 290
RCW 11.08.290: Deposit of cash received by personal representative of escheat estate.
Status: in_force

All cash received by the personal representative of an escheat estate shall be immediately deposited at interest for the benefit of the estate in a federally insured time or savings deposit or share account, except that the personal representative may maintain an amount not to exceed two hundred fifty dollars in a checking account. This arrangement may be changed by appropriate court order.
RCW 11.99.013 — Washington Code / Title 11 / Chapter 99 / Section 013
RCW 11.99.013: Headings not part of law.
Status: in_force

Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of the law.
RCW 11.135.090 — Washington Code / Title 11 / Chapter 135 / Section 090
RCW 11.135.090: Witnessing.
Status: in_force

(1) If other law of this state bases the validity of a nontestamentary estate planning document on whether it is signed, witnessed, or attested by another individual, the signature, witnessing, or attestation of that individual may be electronic. (2) If other law of this state bases the validity of a nontestamentary estate planning document on whether it is signed, witnessed, or attested by another individual in the presence of the individual signing the document, the presence requirement is satisfied if the individuals are in each other's electronic presence, as defined in RCW 11.02.005 .
RCW 11.44.035 — Washington Code / Title 11 / Chapter 44 / Section 035
RCW 11.44.035: Inventory and appraisement may be contradicted or avoided.
Status: in_force

In an action against the personal representative where the administration of the estate, or any part thereof, is put in issue and the inventory and appraisement of the estate by the personal representative is given in evidence, the same may be contradicted or avoided by evidence. Any party in interest in the estate may challenge the inventory and appraisement at any stage of the probate proceedings.
RCW 11.96A.040 — Washington Code / Title 11 / Chapter 96A / Section 040
RCW 11.96A.040: Original jurisdiction in probate and trust matters—Powers of court.
Status: in_force

(1) The superior court of every county has original subject matter jurisdiction over the probate of wills and the administration of estates of incapacitated, missing, and deceased individuals in all instances, including without limitation: (a) When a resident of the state dies; (b) When a nonresident of the state dies in the state; or (c) When a nonresident of the state dies outside the state. (2) The superior court of every county has original subject matter jurisdiction over trusts and all matters relating to trusts. (3) The superior courts may: Probate or refuse to probate wills, appoint personal representatives, administer and settle the affairs and the estates of incapacitated, missing, or deceased individuals including but not limited to decedents' nonprobate assets; administer and settle matters that relate to nonprobate assets and arise under chapter 11.18 or 11.42 RCW; administer and settle all matters relating to trusts; administer and settle matters that relate to powers of attorney; award processes and cause to come before them all persons whom the courts deem it necessary to examine; order and cause to be issued all such writs and any other orders as are proper or necessary; and do all other things proper or incident to the exercise of jurisdiction under this section. (4) The subject matter jurisdiction of the superior court applies without regard to venue. A proceeding or action by or before a superior court is not defective or invalid because of the selected venue if the court has jurisdiction of the subject matter of the action.
RCW 11.118.100 — Washington Code / Title 11 / Chapter 118 / Section 100
RCW 11.118.100: Trustee powers.
Status: in_force

Except as otherwise provided in the trust instrument or in this chapter, all powers and duties conferred on a trustee under Washington law also apply to the trustee of a trust for animals.
RCW 11.130.130 — Washington Code / Title 11 / Chapter 130 / Section 130
RCW 11.130.130: Temporary substitute guardian or conservator.
Status: in_force

(1) The court may appoint a temporary substitute guardian for an individual subject to guardianship for a period not exceeding six months if: (a) A proceeding to remove a guardian for the individual is pending; or (b) The court finds a guardian is not effectively performing the guardian's duties and the welfare of the individual requires immediate action. (2) The court may appoint a temporary substitute conservator for an individual subject to conservatorship for a period not exceeding six months if: (a) A proceeding to remove a conservator for the individual is pending; or (b) The court finds that a conservator for the individual is not effectively performing the conservator's duties and the welfare of the individual or the conservatorship estate requires immediate action. (3) The court shall hold a hearing to appoint a temporary substitute guardian pursuant to subsection (1)(a) or (b) of this section, or to appoint a temporary substitute conservator pursuant to subsection (2)(a) or (b) of this section. The court shall give notice under RCW 11.130.065 to the adult subject to guardianship or conservatorship and to any other person the court determines should receive notice. The adult subject to guardianship or conservatorship shall have the right to attend the hearing and to be represented by counsel of the adult subject to guardianship or conservatorship's choosing. (4) Except as otherwise ordered by the court, a temporary substitute guardian or temporary substitute conservator appointed under this section has the powers stated in the order of appointment of the guardian or conservator. The authority of the existing guardian or conservator is suspended for as long as the temporary substitute guardian or conservator has authority. (5) The court shall give notice of appointment of a temporary substitute guardian or temporary substitute conservator, not later than five days after the appointment, to: (a) The individual subject to guardianship or conservatorship; (b) The affected guardian or conservator; and (c) In the case of a minor, each parent of the minor and any person currently having care or custody of the minor. (6) The court may remove a temporary substitute guardian or temporary substitute conservator at any time. The temporary substitute guardian or temporary substitute conservator shall make any report the court requires.
RCW 11.40.010 — Washington Code / Title 11 / Chapter 40 / Section 010
RCW 11.40.010: Claims—Presentation—Other notice not affected.
Status: in_force

A person having a claim against the decedent may not maintain an action on the claim unless a personal representative has been appointed and the claimant has presented the claim as set forth in this chapter. However, this chapter does not affect the notice under RCW 82.32.240 or the ability to maintain an action against a notice agent under chapter 11.42 RCW.
RCW 11.125.430 — Washington Code / Title 11 / Chapter 125 / Section 430
RCW 11.125.430: Agent's certification form—Power of attorney and agent authority validity.
Status: in_force

The following optional form may be used by an agent to certify facts concerning a power of attorney. AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY State of _____ [County] of _____] I, (Name of Agent), [certify] under penalty of perjury that (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated . I further [certify] that to my knowledge: (1) I am acting in good faith pursuant to the authority given under the power of attorney; (2) The principal is alive and has not terminated, revoked, limited, or modified the power of attorney or my authority to act under the power of attorney; nor has the power of attorney or my authority to act under the power of attorney been terminated, revoked, limited, or modified by any other circumstances; (3) When the power of attorney was signed, the principal was competent to execute it and was not under undue influence to sign; (4) All events necessary to making the power of attorney effective have occurred; (5) If I was married or a registered domestic partner of the principal when the power of attorney was executed, there has been no subsequent dissolution, annulment, or legal separation, and no action is pending for the dissolution of the marriage or domestic partnership or for legal separation; (6) If the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred; (7) If I was named as a successor agent, the prior agent is no longer able or willing to serve, or the conditions stated in the power of attorney that cause me to become the acting agent have occurred; and (8) _____ _____ _____ _____ (Insert other relevant statements) SIGNATURE AND ACKNOWLEDGMENT _____ Agent's Signature _____ Date _____ Agent's Name Printed _____ _____ Agent's Address _____ Agent's Telephone Number This document was acknowledged before me on _____, (Date) by _____ (Name of Agent) _____ Signature of Notary (Seal, if any) My commission expires: _____ [This document prepared by: _____]
RCW 11.84.010 — Washington Code / Title 11 / Chapter 84 / Section 010
RCW 11.84.010: Definitions.
Status: in_force

As used in this chapter: (1) "Abuser" means any person who participates, either as a principal or an accessory before the fact, in the willful and unlawful financial exploitation of a vulnerable adult. (2) "Decedent" means: (a) Any person whose life is taken by a slayer; or (b) Any deceased person who, at any time during life in which he or she was a vulnerable adult, was the victim of financial exploitation by an abuser. (3) "Financial exploitation" has the same meaning as provided in RCW 74.34.020 , as enacted or hereafter amended. (4) "Property" includes any real and personal property and any right or interest therein. (5) "Slayer" means any person who participates, either as a principal or an accessory before the fact, in the willful and unlawful killing of any other person as determined under RCW 11.84.140 . (6) "Vulnerable adult" has the same meaning as provided in RCW 74.34.020 .
RCW 11.130.195 — Washington Code / Title 11 / Chapter 130 / Section 195
RCW 11.130.195: Notice of hearing for appointment of guardian for minor.
Status: in_force

(1) If a petition is filed under RCW 11.130.190 , the court shall schedule a hearing and the petitioner shall: (a) Serve notice of the date, time, and place of the hearing, together with a copy of the petition and supplemental declaration, personally on each of the following that is not the petitioner: (i) The minor, if the minor is twelve years of age or older. The court may, upon a showing of good cause, order that information concerning the reasons for the guardianship contained in the petition, the supplemental declaration, 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; (ii) Each parent of the minor or, if there is none, the adult nearest in kinship who can be found with reasonable diligence; (iii) Any guardian or person with nonparental custody of the minor issued under *chapter 26.10 RCW; and (iv) Any other person the court determines should receive personal service of notice; and (b)(i) Give notice by mail or other action reasonably calculated to give notice under RCW 11.130.065 of the date, time, and place of the hearing, together with a copy of the petition, to: (A) Any adult with primary care and custody of the minor who is not a parent, guardian, or person with nonparental custody issued under *chapter 26.10 RCW; (B) Each person that had primary care or custody of the minor for at least sixty days during the two years immediately before the filing of the petition or for at least seven hundred thirty days during the five years immediately before the filing of the petition, if known; (C) Any person nominated as guardian by the minor, if the minor is twelve years of age or older; (D) Any nominee of a parent; (E) Each grandparent and adult sibling of the minor, if known; (F) Any conservator acting for the minor in any jurisdiction; and (G) Any other person the court determines. (ii) The court may waive notice to persons listed under (b)(i) of this subsection for good cause. Good cause includes an allegation that giving notice may risk harm to the minor. (2) Notice required by subsection (1) of this section must include a statement of the right to request appointment of an attorney for the minor or object to appointment of a guardian and a description of the nature, purpose, and consequences of appointment of a guardian. Notice for the minor must specifically state all rights retained by the minor including the right to request counsel, the right to attend, and the right to participate and communicate with the court. Notice for the minor must also state whether the court has entered any prior order limiting information served upon the minor, and that the minor may ask the court to reconsider the court's order at any time. Notice for the minor must include information on how the minor can respond to the petition. (3) The court may not grant a petition for guardianship of a minor if notice substantially complying with subsection (1)(a) 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 cannot with due diligence be located and served or the parent waived, in a record, the right to notice. (4) If a petitioner is unable to serve notice under subsection (1)(a) of this section on a parent of a minor or alleges that the parent waived, in a record, the right to notice under this section, and in all cases involving a minor twelve years of age and older when the minor is unrepresented, the court shall appoint a court visitor who shall: (a) Interview the petitioner and the minor; (b) Meet with the minor and explain the rights retained by the minor as outlined in the notice requirements under this section. The court visitor shall ascertain the minor's views or positions regarding the guardianship and shall file a report with the court regarding the minor's views or positions. If the minor wishes the court to reconsider any prior order limiting information served upon the minor, the court visitor shall inform the court of the minor's request; (c) If the petitioner alleges the parent cannot be located, ascertain whether the parent cannot be located with due diligence; (d) Investigate any other matter relating to the petition the court directs; and (e) Ascertain whether the parent consents to the guardian for the minor.
RCW 11.120.020 — Washington Code / Title 11 / Chapter 120 / Section 020
RCW 11.120.020: Definitions.
Status: in_force

In this chapter: (1) "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (2) "Agent" means an attorney-in-fact granted authority under a durable or nondurable power of attorney. (3) "Carries" means engages in the transmission of an electronic communication. (4) "Catalogue of electronic communications" means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. (5) "Content of an electronic communication" means information concerning the substance or meaning of the communication which: (a) Has been sent or received by a user; (b) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and (c) Is not readily accessible to the public. (6) "Court" means the superior court of each county. (7) "Custodian" means a person that carries, maintains, processes, receives, or stores a digital asset of a user. (8) "Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user. (9) "Digital asset" means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record. (10) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (11) "Electronic communication" has the meaning set forth in 18 U.S.C. Sec. 2510(12), as it existed on June 9, 2016. (12) "Electronic communication service" means a custodian that provides to a user the ability to send or receive an electronic communication. (13) "Fiduciary" means an original, additional, or successor personal representative, guardian, agent, or trustee. (14) "Guardian" means a person appointed by a court to manage the estate or person, or both, of a living individual. The term includes a limited guardian or certified professional guardian. (15) "Incapacitated person" means an individual for whom a guardian has been appointed. (16) "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. (17) "Online tool" means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. (18) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (19) "Personal representative" means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this chapter. (20) "Power of attorney" means a record that grants an agent authority to act in the place of a principal. (21) "Principal" means an individual who grants authority to an agent in a power of attorney. (22) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (23) "Remote computing service" means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. Sec. 2510(14), as it existed on June 9, 2016. (24) "Terms-of-service agreement" means an agreement that controls the relationship between a user and a custodian. (25) "Trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee. (26) "User" means a person that has an account with a custodian. (27) "Will" includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.
RCW 11.80.020 — Washington Code / Title 11 / Chapter 80 / Section 020
RCW 11.80.020: Inventory and appraisement—Bond of trustee.
Status: in_force

The trustee so appointed shall make, subscribe and file in the office of the clerk of the court an oath for the faithful performance of his or her duties, and shall, within such time as may be fixed by the judge, prepare and file an inventory of such property, and the judge shall thereupon appoint a disinterested and qualified person to appraise such property, and report his or her appraisement to the court within such time as the court may fix. Upon the coming in of the inventory and appraisement, the judge shall fix the amount of the bond to be given by the trustee, which bond shall in no case be less than the appraised value of the personal property and the annual rents and profits of the real property, and the trustee shall thereupon file with the clerk of the court a good and sufficient bond in the amount fixed and with surety to be approved by the court, conditioned for the faithful performance of his or her duties as trustee, and for accounting for such property, its rents, issues, profits, and increase.
RCW 11.28.140 — Washington Code / Title 11 / Chapter 28 / Section 140
RCW 11.28.140: Form of letters of administration.
Status: in_force

Letters of administration shall be signed by the clerk, and be under the seal of the court, and may be substantially in the following form: State of Washington, County of . . . . . . Whereas, A.B., late of . . . . . . on or about the . . . . day of . . . . . . A.D. (year) . . . . died intestate, leaving at the time of his or her death, property in this state subject to administration: Now, therefore, know all persons by these presents, that we do hereby appoint . . . . . . . . . administrator upon said estate, and whereas said administrator has duly qualified, hereby authorize him or her to administer the same according to law. Witness my hand and the seal of said court this . . . . day of . . . . . . A.D. (year) . . . .
RCW 11.130.290 — Washington Code / Title 11 / Chapter 130 / Section 290
RCW 11.130.290: Professional evaluation.
Status: in_force

(1) On receipt of a petition under RCW 11.130.270 and at the time the court appoints a court visitor under RCW 11.130.280 , the court shall order a professional evaluation of the respondent. (2) The respondent must be examined by a physician licensed to practice under chapter 18.71 or 18.57 RCW, psychologist licensed under chapter 18.83 RCW, *advanced registered nurse practitioner licensed under chapter 18.79 RCW, or physician assistant licensed under chapter 18.71A RCW selected by the court visitor who is qualified to evaluate the respondent's alleged cognitive and functional abilities and limitations and will not be advantaged or disadvantaged by a decision to grant the petition or otherwise have a conflict of interest. If the respondent opposes the professional selected by the court visitor, the court visitor shall obtain a professional evaluation from the professional selected by the respondent. The court visitor, after receiving a professional evaluation from the individual selected by the respondent, may obtain a supplemental evaluation from a different professional. (3) The individual conducting the evaluation shall provide the completed evaluation report to the court visitor within thirty days of the examination of the respondent. The court visitor shall file the report in a sealed record with the court. Unless otherwise directed by the court, the report must contain: (a) The professional's name, address, education, and experience; (b) A description of the nature, type, and extent of the respondent's cognitive and functional abilities and limitations; (c) An evaluation of the respondent's mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills; (d) A prognosis for improvement and recommendation for the appropriate treatment, support, or habilitation plan; (e) A description of the respondent's current medications, and the effect of the medications on the respondent's cognitive and functional abilities; (f) Identification or persons with whom the professional has met or spoken with regarding the respondent; and (g) The date of the examination on which the report is based. (4) If the respondent declines to participate in an evaluation ordered under subsection (1) of this section, the court may proceed with the hearing under RCW 11.130.275 if the court finds that it has sufficient information to determine the respondent's needs and abilities without the professional evaluation.
RCW 11.98B.902 — Washington Code / Title 11 / Chapter 98B / Section 902
RCW 11.98B.902: Effective date—2020 c 303.
Status: in_force

This act takes effect January 1, 2021.
RCW 11.130.755 — Washington Code / Title 11 / Chapter 130 / Section 755
RCW 11.130.755: Reporting of suspected abuse, abandonment, neglect, exploitation.
Status: in_force

If a person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement has cause to believe that a vulnerable adult as defined in RCW 74.34.020 is being abused, abandoned, neglected (including self-neglect), or personally or financially exploited by the supporter, the person shall make a report to the department of social and health services, except where the person is exempted from the requirements to report abuse due to a confidential relationship recognized in statute, regulation, or professional standards.
RCW 11.130.240 — Washington Code / Title 11 / Chapter 130 / Section 240
RCW 11.130.240: Removal of guardian for minor—Termination of guardianship—Appointment of successor.
Status: in_force

(1) Guardianship under this chapter for a minor terminates: (a) On the minor's death, adoption, emancipation, or attainment of majority; or (b) When the court finds that the basis in RCW 11.130.185 for appointment of a guardian no longer exists, unless the court finds that: (i) Termination of the guardianship would be harmful to the minor; and (ii) The minor's interest in the continuation of the guardianship outweighs the interest of any parent of the minor in restoration of the parent's right to make decisions for the minor. (2) A minor subject to guardianship or a person interested in the welfare of the minor, including a parent, may petition the court to terminate the guardianship, modify the guardianship, remove the guardian and appoint a successor guardian, or remove a standby guardian and appoint a different standby guardian. (3) A petitioner under subsection (2) of this section shall give notice of the hearing on the petition to the minor, if the minor is twelve years of age or older and is not the petitioner, the guardian, each parent of the minor, and any other person the court determines. (4) The court shall follow the priorities in RCW 11.130.215 (2) when selecting a successor guardian for a minor. (5) Not later than thirty days after appointment of a successor guardian for a minor, the court shall give notice of the appointment to the minor subject to guardianship, if the minor is twelve years of age or older, each parent of the minor, and any other person the court determines. (6) When terminating a guardianship for a minor under this section, the court may issue an order providing for transitional arrangements that will assist the minor with a transition of custody and is in the best interest of the minor. (7) A guardian for a minor that is removed shall cooperate with a successor guardian to facilitate transition of the guardian's responsibilities and protect the best interest of the minor.
RCW 11.107.020 — Washington Code / Title 11 / Chapter 107 / Section 020
RCW 11.107.020: Decanting power under expanded discretion.
Status: in_force

(1) Subject to (a) of this subsection and RCW 11.107.070 , a trustee that has expanded discretion to distribute the principal of a first trust to one or more current beneficiaries may exercise the decanting power over the principal of the first trust, subject to the following: (a) Except as provided in RCW 11.107.060 , a second trust may not in an exercise of the decanting power under this section: (i) Include as a current beneficiary a person that is not a current beneficiary of the first trust, except as otherwise provided in (b) of this subsection; (ii) Include as a presumptive remainder beneficiary or successor beneficiary a person that is not a current beneficiary, presumptive remainder beneficiary, or successor beneficiary of the first trust, except as otherwise provided in (b) of this subsection; or (iii) Reduce or eliminate a vested interest; (b) Subject to (a)(iii) of this subsection and RCW 11.107.070 , a second trust may in an exercise of the decanting power under this section: (i) Retain a power of appointment granted in the first trust; (ii) Omit a power of appointment granted in the first trust, other than a presently exercisable general power of appointment; (iii) Create or modify a power of appointment if the powerholder is a current beneficiary of the first trust and the trustee has expanded discretion to distribute principal to the current beneficiary; and (iv) Create or modify a power of appointment if the powerholder is a presumptive remainder beneficiary or successor beneficiary of the first trust, but the exercise of the power may take effect only after the powerholder becomes, or would have become if then living, a current beneficiary; (c) A power of appointment described in (b) of this subsection may be general or nongeneral. The class of permissible appointees in favor of which the power may be exercised may be broader than or different from the beneficiaries of the first trust; (d) In an exercise of the decanting power under this section, a second trust may be a trust created or administered under the law of any jurisdiction; and (e) If a trustee has expanded discretion to distribute part but not all of the principal of a first trust, the trustee may exercise the decanting power under this section only over that part of the principal. (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Presumptive remainder beneficiary" means a qualified beneficiary other than a current beneficiary. (b) "Successor beneficiary" means a beneficiary that on the date of the beneficiary's qualification is determined not to be a qualified beneficiary. The term does not include a person that is a beneficiary only because the person holds a nongeneral power of appointment. (c) "Vested interest" means: (i) A right to a mandatory distribution that is noncontingent as of the date of the exercise of the decanting power; (ii) A current and noncontingent right, annually or more frequently, to either a mandatory distribution of income or to withdraw income, a specified dollar amount, or a percentage of value of some or all of the trust income or principal; (iii) A presently exercisable general power of appointment; or (iv) A right to receive an ascertainable part of the trust principal on trust termination that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur.
RCW 11.125.330 — Washington Code / Title 11 / Chapter 125 / Section 330
RCW 11.125.330: Agent authority—Estates, trusts, and other beneficial interests.
Status: in_force

(1) In this section, "estates, trusts, and other beneficial interests" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment. (2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to: (a) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from the fund; (b) Demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of the fund, by litigation or otherwise; (c) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal; (d) Exercise for the benefit of the principal a presently exercisable limited power of appointment held by the principal; (e) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal; (f) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary, and any other matter as defined under RCW 11.96A.030 ; (g) Conserve, invest, disburse, or use anything received for an authorized purpose; (h) Transfer an interest of the principal in real property, stocks, bonds, and financial instruments, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor, subject to the limitations in RCW 11.125.240 (1); and (i) Reject, renounce, disclaim, release, or consent to a reduction in or modification of a share in or payment from the fund.
RCW 11.02.080 — Washington Code / Title 11 / Chapter 02 / Section 080
RCW 11.02.080: Application and construction of act as to wills, proceedings, guardians, accrued rights, and pre-executed instruments—Severability—Effective date—1974 ex.s. c 117.
Status: in_force

On and after October 1, 1974: (1) The provisions of chapter 117, Laws of 1974 ex. sess. shall apply to any wills of decedents dying thereafter; (2) The provisions of chapter 117, Laws of 1974 ex. sess. shall apply to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of chapter 117, Laws of 1974 ex. sess.; (3) Every personal representative including a person administering an estate of a minor or incompetent holding an appointment on October 1, 1974, continues to hold the appointment, has the powers conferred by chapter 117, Laws of 1974 ex. sess. and is subject to the duties imposed with respect to any act occurring or done thereafter; (4) An act done before October 1, 1974 in any proceeding and any accrued right is not impaired by chapter 117, Laws of 1974 ex. sess. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before October 1, 1974, the provisions shall remain in force with respect to that right; (5) Any rule of construction or presumption provided in chapter 117, Laws of 1974 ex. sess. applies to instruments executed before October 1, 1974 unless there is a clear indication of a contrary intent.
RCW 11.130.585 — Washington Code / Title 11 / Chapter 130 / Section 585
RCW 11.130.585: Basis for protective arrangement instead of guardianship for adult.
Status: in_force

(1) After the hearing on a petition under RCW 11.130.270 for a guardianship or under RCW 11.130.580 (2) for a protective arrangement instead of guardianship, the court may issue an order under subsection (2) of this section for a protective arrangement instead of guardianship if the court finds by clear and convincing evidence that: (a) The respondent lacks the ability to meet essential requirements for physical health, safety, or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision making; and (b) The respondent's identified needs cannot be met by a less restrictive alternative. (2) If the court makes the findings under subsection (1) of this section, the court, instead of appointing a guardian, may: (a) Authorize or direct a transaction necessary to meet the respondent's need for health, safety, or care, including: (i) A particular medical treatment or refusal of a particular medical treatment; or (ii) Visitation or supervised visitation between the respondent and another person; (b) Restrict access to the respondent by a specified person whose access places the respondent at serious risk of physical, psychological, or financial harm; and (c) Reorder other arrangements on a limited basis that are appropriate. (3) In deciding whether to issue an order under this section, the court shall consider the factors under RCW 11.130.330 and 11.130.335 that a guardian must consider when making a decision on behalf of an adult subject to guardianship.
RCW 11.56.280 — Washington Code / Title 11 / Chapter 56 / Section 280
RCW 11.56.280: Borrowing on general credit of estate—Petition—Notice—Hearing.
Status: in_force

Whenever it shall appear to the satisfaction of the court that money is needed to pay debts of the estate, expenses of administration, or estate taxes, the court may by order authorize the personal representative to borrow such money, on the general credit of the estate, as appears to the court necessary for the purposes aforesaid. The time for repayment, rate of interest and form of note authorized shall be as specified by the court in its order. The money borrowed pursuant thereto shall be an obligation of the estate repayable with the same priority as unsecured claims filed against the estate. It shall be the duty of the personal representative to present a petition to the court giving a description of all the property of the estate and its character, the amount of the debts, expenses and tax obligations and such other things as will tend to assist the court in determining the necessity for the borrowing and the amount thereof. Unless the court shall by order expressly so provide, no notice of the hearing of such petition need be given, except to persons who have requested notice under the provisions of RCW 11.28.240 ; if, however, the court should order notice of such hearing, it shall determine upon the kind, character and time thereof. At the hearing of such petition the court may have brought before it such testimony or information as it may see fit to receive, for the foregoing purpose. The absence of any allegation in the petition shall not deprive the court of jurisdiction to authorize such borrowing.
RCW 11.98B.060 — Washington Code / Title 11 / Chapter 98B / Section 060
RCW 11.98B.060: Trust director—Power of direction—Limitations.
Status: in_force

A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under RCW 11.98B.050 (2)(a) regarding: (1) A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of medicaid law in section 1917 of the social security act, 42 U.S.C. Sec. 1396p(d)(4)(A), as amended, as of January 1, 2021; and (2) A charitable interest in the trust.
RCW 11.130.259 — Washington Code / Title 11 / Chapter 130 / Section 259
RCW 11.130.259: Order for relocation.
Status: in_force

Any order for the relocation of a minor under a guardianship must comply with the notice requirements of RCW 26.09.430 through 26.09.490 .
RCW 11.48.130 — Washington Code / Title 11 / Chapter 48 / Section 130
RCW 11.48.130: Compromise of claims.
Status: in_force

The court may authorize the personal representative, without the necessary nonintervention powers, to compromise and compound any claim owing the estate. Unless the court has restricted the power to compromise or compound claims owing to the estate and except as provided in RCW 11.68.090 , a personal representative with nonintervention powers may compromise and compound a claim owing the estate without the intervention of the court.
RCW 11.130.515 — Washington Code / Title 11 / Chapter 130 / Section 515
RCW 11.130.515: Inventory—Records.
Status: in_force

(1) Not later than ninety days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the conservatorship estate, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. (2) A conservator shall give notice of the filing of an inventory to the individual subject to conservatorship, a person entitled to notice under RCW 11.130.420 (6) or a subsequent order, and any other person the court determines. The notice must be given not later than fourteen days after the filing. (3) A conservator shall keep records of the administration of the conservatorship estate and make them available for examination on reasonable request of the individual subject to conservatorship, a guardian for the individual, or any other person the conservator or the court determines.
RCW 11.86.071 — Washington Code / Title 11 / Chapter 86 / Section 071
RCW 11.86.071: Liability for distribution—Effect of disclaimer.
Status: in_force

No legal representative of a creator of the interest, holder of legal title to property an interest in which is disclaimed, or person having possession of the property shall be liable for any otherwise proper distribution or other disposition made without actual knowledge of the disclaimer, or in reliance upon the disclaimer and without actual knowledge that the disclaimer is barred as provided in RCW 11.86.051 .
RCW 11.130.710 — Washington Code / Title 11 / Chapter 130 / Section 710
RCW 11.130.710: Presumption of capacity.
Status: in_force

(1) All adults are presumed to be capable of managing their affairs. (2) The manner in which an adult communicates with others is not grounds for deciding that the adult is incapable of managing the adult's affairs. (3) Execution of a supported decision-making agreement may not be used as evidence for the petition or appointment of a guardianship or conservatorship under this chapter, and does not preclude the ability of the adult who has entered into such an agreement to act independently of the agreement.
RCW 11.118.020 — Washington Code / Title 11 / Chapter 118 / Section 020
RCW 11.118.020: Validity of animal trust.
Status: in_force

A trust for the care of one or more animals is valid. The animals that are to be benefited by the trust may be individually identified, or may be identified in such other manner that they can be readily identified. Unless otherwise provided in the trust instrument or in this chapter, the trust will terminate when no animal that is designated as a beneficiary of the trust remains living.
RCW 11.48.050 — Washington Code / Title 11 / Chapter 48 / Section 050
RCW 11.48.050: Allowance of necessary expenses.
Status: in_force

He or she shall be allowed all necessary expenses in the care, management, and settlement of the estate.
RCW 11.118.060 — Washington Code / Title 11 / Chapter 118 / Section 060
RCW 11.118.060: Accounting requirements.
Status: in_force

Except as ordered by the court or required by the trust instrument, no filing, report, registration, or periodic accounting shall be required of the trust or the trustee.
RCW 11.42.060 — Washington Code / Title 11 / Chapter 42 / Section 060
RCW 11.42.060: Claims involving liability or casualty insurance—Limitations—Exceptions to time limits.
Status: in_force

The time limitations for presenting claims under this chapter do not accrue to the benefit of any liability or casualty insurer. Claims against the decedent or the decedent's marital community that can be fully satisfied by applicable insurance coverage or proceeds need not be presented within the time limitation of RCW 11.42.050 , but the amount of recovery cannot exceed the amount of the insurance. If a notice agent provides notice under RCW 11.42.020 , the claims may at any time be presented as provided in RCW 11.42.070 , subject to the otherwise relevant statutes of limitations, and does not constitute a cloud, lien, or encumbrance upon the title to the decedent's probate or nonprobate assets nor delay or prevent the transfer or distribution of the decedent's assets. This section does not serve to extend any otherwise relevant statutes of limitations.
RCW 11.60.030 — Washington Code / Title 11 / Chapter 60 / Section 030
RCW 11.60.030: Hearing.
Status: in_force

At the time appointed for such hearing, or at such other time as the same may be adjourned to, upon proof of service of the notice as provided in *RCW 11.16.081 , the court shall proceed to a hearing and determine the matter.(1) A person is guilty of obtaining a signature by deception or duress if by deception or duress and with intent to defraud or deprive he or she causes another person to sign or execute a written instrument. (2) Obtaining a signature by deception or duress is a class C felony.
RCW 11.90.230 — Washington Code / Title 11 / Chapter 90 / Section 230
RCW 11.90.230: Special jurisdiction.
Status: in_force

(1) A court of this state lacking jurisdiction under RCW 11.90.220 has special jurisdiction to do any of the following: (a) Appoint a guardian in an emergency for a term not exceeding sixty days for a respondent who is physically present in this state; (b) Issue a protective order with respect to real or tangible personal property located in this state if a petition for appointment of a guardian or a conservator for the respondent is pending or has been approved in another state; (c) Appoint a guardian or conservator for a person under a guardianship, person under a conservatorship, or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to RCW 11.90.400 . (2) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
RCW 11.130.330 — Washington Code / Title 11 / Chapter 130 / Section 330
RCW 11.130.330: Powers of guardian for adult.
Status: in_force

(1) Except as limited by court order, a guardian for an adult may: (a) Apply for and receive funds and benefits as a representative payee or an authorized representative or protective payee for the support of the adult, unless a conservator is appointed for the adult and the application or receipt is within the powers of the conservator; (b) Unless inconsistent with a court order, establish the adult's place of dwelling; (c) Consent to health or other care, treatment, or service for the adult; (d) If a conservator for the adult has not been appointed, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel another person to support the adult or pay funds for the adult's benefit; (e) To the extent reasonable, delegate to the adult responsibility for a decision affecting the adult's well-being; and (f) Receive personally identifiable health care information regarding the adult. (2) The court by specific order may authorize a guardian for an adult to consent to the adoption of the adult. (3) The court by specific order may authorize a guardian for an adult to: (a) Consent or withhold consent to the marriage of the adult if the adult's right to marry has been removed under RCW 11.130.310 ; (b) Petition for divorce, dissolution, or annulment of marriage of the adult or a declaration of invalidity of the adult's marriage; or (c) Support or oppose a petition for divorce, dissolution, or annulment of marriage of the adult or a declaration of invalidity of the adult's marriage. (4) In determining whether to authorize a power under subsection (2) or (3) of this section, the court shall consider whether the underlying act would be in accordance with the adult's preferences, values, and prior directions and whether the underlying act would be in the adult's best interest. (5) In exercising a guardian's power under subsection (1)(b) of this section to establish the adult's place of dwelling, the guardian shall: (a) Select a residential setting the guardian believes the adult would select if the adult were able, in accordance with the decision-making standard in RCW 11.130.325 (4) and (5). If the guardian does not know and cannot reasonably determine what setting the adult subject to guardianship probably would choose if able, or the guardian reasonably believes the decision the adult would make would unreasonably harm or endanger the welfare or personal or financial interests of the adult, the guardian shall choose in accordance with RCW 11.130.325 (5) a residential setting that is consistent with the adult's best interest; (b) In selecting among residential settings, give priority to a residential setting in a location that will allow the adult to interact with persons important to the adult and meet the adult's needs in the least restrictive manner reasonably feasible unless to do so would be inconsistent with the decision-making standard in RCW 11.130.325 (4) and (5); (c) Not later than thirty days after a change in the dwelling of the adult: (i) Give notice of the change to the court, the adult, and any other notice party; and (ii) Include in the notice the address and nature of the new dwelling and state whether the adult received advance notice of the change and whether the adult objected to the change; (d) Establish or move the permanent place of dwelling of the adult to a care setting that places restrictions on the adult's ability to leave or have visitors only if: (i) The establishment or move is in the guardian's plan under RCW 11.130.340 ; (ii) The court authorizes the establishment or move; or (iii) The guardian gives notice of the establishment or move at least fourteen days before the establishment or move to the adult and all persons entitled to notice under RCW 11.130.310 (5)(b) or a subsequent order, and no objection is filed; (e) Establish or move the place of dwelling of the adult outside this state only if consistent with the guardian's plan and authorized by the court by specific order; and (f) Take action that would result in the sale of or surrender of the lease to the primary dwelling of the adult only if: (i) The action is specifically included in the guardian's plan under RCW 11.130.340 ; (ii) The court authorizes the action by specific order; or (iii) Notice of the action was given at least fourteen days before the action to the adult and all persons entitled to the notice under RCW 11.130.310 (5)(b) or a subsequent order and no objection has been filed. (6) In exercising a guardian's power under subsection (1)(c) of this section to make health care decisions, the guardian shall: (a) Involve the adult in decision making to the extent reasonably feasible, including, when practicable, by encouraging and supporting the adult in understanding the risks and benefits of health care options; (b) Defer to a decision by an agent under a power of attorney for health care executed by the adult and cooperate to the extent feasible with the agent making the decision; and (c) Take into account: (i) The risks and benefits of treatment options; and (ii) The current and previous wishes and values of the adult, if known or reasonably ascertainable by the guardian. (7) Notwithstanding subsection (1)(b) of this section no care setting which provides nursing or other care may detain a person within such facility against their will. Any court order, other than an order issued in accordance with the involuntary treatment provisions of chapters 10.77 , 71.05, and 72.23 RCW, which purports to authorize such involuntary detention or purports to authorize a guardian or limited guardian to consent to such involuntary detention on behalf of an individual subject to a guardianship shall be void and of no force or effect. (8) Nothing in this section shall be construed to require a court order authorizing placement of an incapacitated person in a care setting if such order is not otherwise required by law: PROVIDED, That notice of any residential placement of an individual subject to a guardianship shall be served, either before or after placement, by the guardian or limited guardian on such individual, any court visitor of record, any guardian ad litem of record, and any attorney of record.
RCW 11.08.270 — Washington Code / Title 11 / Chapter 08 / Section 270
RCW 11.08.270: Conveyance of escheated property to claimant.
Status: in_force

In the event the order of the court requires the delivery of real property to the claimant, a certified copy of such order shall be served upon the department of natural resources which shall thereupon make proper certification to the office of the governor for issuance of a quitclaim deed for the property to the claimant.
RCW 11.130.135 — Washington Code / Title 11 / Chapter 130 / Section 135
RCW 11.130.135: Registration of order—Effect.
Status: in_force

(1) If a guardian has been appointed in another state for an individual, and a petition for guardianship for the individual is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court, may register the guardianship order in this state by filing as a foreign judgment, in a court of an appropriate county of this state, certified copies of the order and letters of office. (2) If a conservator has been appointed in another state for an individual, and a petition for conservatorship for the individual is not pending in this state, the conservator appointed for the individual in the other state, after giving notice to the appointing court, may register the conservatorship in this state by filing as a foreign judgment, in a court of a county in which property belonging to the individual subject to conservatorship is located, certified copies of the order of conservatorship, letters of office, and any bond or other verified receipt required by the court. (3) On registration under this section of a guardianship or conservatorship order from another state, the guardian or conservator may exercise in this state all powers authorized in the order except as prohibited by this chapter and law of this state other than this chapter. If the guardian or conservator is not a resident of this state, the guardian or conservator may maintain an action or proceeding in this state subject to any condition imposed by this state on an action or proceeding by a nonresident party. (4) The court may grant any relief available under this chapter and law of this state other than this chapter to enforce an order registered under this section.
RCW 11.104B.130 — Washington Code / Title 11 / Chapter 104B / Section 130
RCW 11.104B.130: Unitrusts—Notice.
Status: in_force

(1) A notice required by RCW 11.104B.120 (2)(b) must be sent to: (a) All beneficiaries that receive or are entitled to receive income from the trust or would be entitled to receive a distribution of principal if the trust were terminated at the time the notice is sent, assuming no power of appointment is exercised; and (b) Each person that is granted a power over the trust by the terms of the trust, to the extent the power is exercisable when the person is not then serving as a trustee: (i) Including a: (A) Power over the investment, management, or distribution of trust property or other matters of trust administration; and (B) Power to appoint or remove a trustee or person described in this subsection; and (ii) Excluding a: (A) Power of appointment; (B) Power of a beneficiary over the trust, to the extent the exercise or nonexercise of the power affects the beneficial interest of the beneficiary; and (C) Power over the trust if the terms of the trust provide that the power is held in a nonfiduciary capacity and the power must be held in a nonfiduciary capacity to achieve a tax objective under the federal internal revenue code of 1986, as amended, as of January 1, 2022. (2) A person may consent in a record at any time to action proposed under RCW 11.104B.120 (2)(b). A notice required by RCW 11.104B.120 (2)(b) need not be sent to a person that consents under this subsection. (3) A notice required by RCW 11.104B.120 (2)(b) must include: (a) The action proposed under RCW 11.104B.120 (2)(b); (b) For a conversion of an income trust to a unitrust, a copy of the unitrust policy adopted under RCW 11.104B.120 (1)(a); (c) For a change in the percentage or method used to calculate the unitrust amount, a copy of the unitrust policy or amendment or replacement of the unitrust policy adopted under RCW 11.104B.120 (1)(b); (d) A statement that the person to which the notice is sent may object to the proposed action by stating in a record the basis for the objection and sending or delivering the record to the fiduciary; (e) The date by which an objection under (d) of this subsection (3) must be received by the fiduciary, which must be at least 30 days after the date the notice is sent; (f) The date on which the action is proposed to be taken and the date on which the action is proposed to take effect; (g) The name and contact information of the fiduciary; and (h) The name and contact information of a person that may be contacted for additional information.
RCW 11.125.210 — Washington Code / Title 11 / Chapter 125 / Section 210
RCW 11.125.210: Principles of law and equity—Supplemental to chapter.
Status: in_force

Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
RCW 11.28.290 — Washington Code / Title 11 / Chapter 28 / Section 290
RCW 11.28.290: Accounting on death, resignation, or revocation of letters.
Status: in_force

If any personal representative resign, or his or her letters be revoked, or he or she die, he or she or his or her representatives shall account for, pay, and deliver to his or her successor or to the surviving or remaining personal representatives, all money and property of every kind, and all rights, credits, deeds, evidences of debt, and papers of every kind, of the deceased, at such time and in such manner as the court shall order on final settlement with such personal representative or his or her legal representatives.
RCW 11.05A.020 — Washington Code / Title 11 / Chapter 05A / Section 020
RCW 11.05A.020: Minimum survival requirement—Probate code.
Status: in_force

Except as provided in RCW 11.05A.060 and except for the purposes of the uniform TOD security registration act, if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead, or family allowance depends upon an individual's survivorship of the death of another individual, an individual who is not established by clear and convincing evidence to have survived the other individual by one hundred twenty hours is deemed to have predeceased the other individual. This section does not apply if its application would result in a taking of intestate estate by the state.
RCW 11.90.270 — Washington Code / Title 11 / Chapter 90 / Section 270
RCW 11.90.270: Notice of petition requirements when not respondent's home state on filing date.
Status: in_force

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
RCW 11.104B.180 — Washington Code / Title 11 / Chapter 104B / Section 180
RCW 11.104B.180: Unitrust—Special tax benefits—Other rules.
Status: in_force

(1) A unitrust policy may: (a) Provide methods and standards for: (i) Determining the timing of distributions; (ii) Making distributions in cash or in-kind or partly in cash and partly in-kind; or (iii) Correcting an underpayment or overpayment to a beneficiary based on the unitrust amount if there is an error in calculating the unitrust amount; (b) Specify sources and the order of sources, including categories of income for federal income tax purposes, from which distributions of a unitrust amount are paid; or (c) Provide other standards and rules the fiduciary determines serve the interests of the beneficiaries. (2) If a trust qualifies for a special tax benefit or a fiduciary is not an independent person: (a) The unitrust rate established under RCW 11.104B.150 may not be less than three percent or more than five percent; (b) The only provisions of RCW 11.104B.160 that apply are RCW 11.104B.160 (1) and (2)(a), (d), (e)(i), and (i); (c) The only period that may be used under RCW 11.104B.170 is a calendar year under RCW 11.104B.170 (1)(a); and (d) The only other provisions of RCW 11.104B.170 that apply are RCW 11.104B.170 (2) (b)(i) and (c).
RCW 11.98.107 — Washington Code / Title 11 / Chapter 98 / Section 107
RCW 11.98.107: Trustee exculpation.
Status: in_force

(1) An exculpatory term which was inserted as the result of an abuse of a fiduciary or confidential relationship between the trustor and the trustee is unenforceable. (2) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the trustor.
RCW 11.130.125 — Washington Code / Title 11 / Chapter 130 / Section 125
RCW 11.130.125: Use of agent by guardian or conservator.
Status: in_force

(1) Except as otherwise provided in subsection (3) of this section, a guardian or conservator may delegate a power to an agent which a prudent guardian or conservator of comparable skills could delegate prudently under the circumstances if the delegation is consistent with the guardian's or conservator's fiduciary duties and the guardian's plan under RCW 11.130.340 or the conservator's plan under RCW 11.130.510 . (2) In delegating a power under subsection (1) of this section, the guardian or conservator shall exercise reasonable care, skill, and caution in: (a) Selecting the agent; (b) Establishing the scope and terms of the agent's work in accordance with the guardian's plan under RCW 11.130.340 or the conservator's plan under RCW 11.130.510 ; (c) Monitoring the agent's performance and compliance with the delegation; (d) Redressing an act or omission of the agent which would constitute a breach of the guardian's or conservator's duties if done by the guardian or conservator; and (e) Ensuring a background check is conducted on the agent, or conducted on persons employed by the agent when those persons are providing services to the individual subject to a guardianship or conservatorship. (3) A guardian or conservator may not delegate all powers to an agent. (4) In performing a power delegated under this section, an agent shall: (a) Exercise reasonable care to comply with the terms of the delegation and use reasonable care in the performance of the power; and (b) If the guardian or conservator has delegated to the agent the power to make a decision on behalf of the individual subject to guardianship or conservatorship, use the same decision-making standard the guardian or conservator would be required to use. (5) By accepting a delegation of a power under subsection (1) of this section from a guardian or conservator, an agent submits to the personal jurisdiction of the courts of this state in an action involving the agent's performance as agent. (6) A guardian or conservator that delegates and monitors a power in compliance with this section is not liable for the decision, act, or omission of the agent.
RCW 11.114.902 — Washington Code / Title 11 / Chapter 114 / Section 902
RCW 11.114.902: Savings—1991 c 193.
Status: in_force

To the extent that this chapter, by virtue of RCW 11.114.220 (2), does not apply to transfers made in a manner prescribed in the uniform gifts to minors act of Washington or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of the uniform gifts to minors act of Washington does not affect those transfers or those powers, duties, and immunities.
RCW 11.104B.110 — Washington Code / Title 11 / Chapter 104B / Section 110
RCW 11.104B.110: Unitrusts—Application—Duties and remedies.
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section, this article applies to: (a) An income trust, unless the terms of the trust expressly prohibit use of this article by a specific reference to this article or an explicit expression of intent that net income not be calculated as a unitrust amount; and (b) An express unitrust, except to the extent the terms of the trust explicitly: (i) Prohibit use of this article by a specific reference to this article; (ii) Prohibit conversion to an income trust; or (iii) Limit changes to the method of calculating the unitrust amount. (2) This article does not apply to a trust described in 26 U.S.C. Sec. 170(f)(2)(B), 642(c)(5), 664(d), or 2702 (a)(3)(A)(ii) or (iii) or (b), as amended, as of January 1, 2022. (3) An income trust to which this article applies under subsection (1)(a) of this section may be converted to a unitrust under this article regardless of the terms of the trust concerning distributions. Conversion to a unitrust under this article does not affect other terms of the trust concerning distributions of income or principal. (4) This article applies to an estate only to the extent a trust is a beneficiary of the estate. To the extent of the trust's interest in the estate, the estate may be administered as a unitrust, the administration of the estate as a unitrust may be discontinued, or the percentage or method used to calculate the unitrust amount may be changed, in the same manner as for a trust under this article. (5) This article does not create a duty to take or consider action under this article or to inform a beneficiary about the applicability of this article. (6) A fiduciary that in good faith takes or fails to take an action under this article is not liable to a person affected by the action or inaction.
RCW 11.140.010 — Washington Code / Title 11 / Chapter 140 / Section 010
RCW 11.140.010: Definitions.
Status: in_force

As used in this chapter: (1) "Adult" means an individual who is at least 18 years of age. (2) "Beneficiary" means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual's use and benefit under this chapter. (3) "Conservator" means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions. (4) "Court" means a superior court of this state. (5) "Custodial trust property" means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this chapter and the income from and proceeds of that interest. (6) "Custodial trustee" means a person designated as trustee of a custodial trust under this chapter or a substitute or successor to the person designated. (7) "Guardian" means a person appointed or qualified by a court as a guardian of an individual, including a limited guardian, but not a person who is only a guardian ad litem. (8) "Incapacitated" means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other disabling cause. (9) "Legal representative" means a personal representative or conservator. (10) "Member of the beneficiary's family" means a beneficiary's spouse, state registered domestic partner, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption. (11) "Person" means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity. (12) "Personal representative" means an executor, administrator, or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions, or a successor to any of them. (13) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. (14) "Transferor" means a person who creates a custodial trust by transfer or declaration. (15) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
RCW 11.110.210 — Washington Code / Title 11 / Chapter 110 / Section 210
RCW 11.110.210: Tax Reform Act of 1969, state implementation—Trust instruments deemed to contain prohibiting provisions.
Status: in_force

The trust instrument of each trust to which RCW 11.110.200 through 11.110.260 applies shall be deemed to contain provisions prohibiting the trustee from: (1) Engaging in any act of "self-dealing," as defined in section 4941(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by section 4941(a) of the Internal Revenue Code; (2) Retaining any "excess business holdings," as defined in section 4943(c) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by section 4943(a) of the Internal Revenue Code; (3) Making any investments which would jeopardize the carrying out of any of the exempt purposes of the trust, within the meaning of section 4944 of the Internal Revenue Code, so as to give rise to any liability for the tax imposed by section 4944(a) of the Internal Revenue Code; and (4) Making any "taxable expenditures," as defined in section 4945(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by section 4945(a) of the Internal Revenue Code: PROVIDED, That this section shall not apply either to those split-interest trusts or to amounts thereof which are not subject to the prohibitions applicable to private foundations by reason of the provisions of section 4947 of the Internal Revenue Code.
RCW 11.08.160 — Washington Code / Title 11 / Chapter 08 / Section 160
RCW 11.08.160: Department of revenue—Jurisdiction—Duties.
Status: in_force

The department of revenue of this state shall have supervision of and jurisdiction over escheat property and may institute and prosecute any proceedings, including any proceeding under chapter 11.62 RCW, deemed necessary or proper in the handling of such property, and it shall be the duty of the department of revenue to protect and conserve escheat property for the benefit of the permanent common school fund of the state until such property or the proceeds thereof have been forwarded to the state treasurer or the department of natural resources as hereinafter provided.
RCW 11.95A.370 — Washington Code / Title 11 / Chapter 95A / Section 370
RCW 11.95A.370: Exercise of power in favor of holder—Applicability.
Status: in_force

(1)(a) RCW 11.95A.350 and 11.95A.355 respectively apply to a power of appointment created: (i) Under a will, codicil, trust agreement, or declaration of trust, deed, power of attorney, or other instrument executed after July 25, 1993, unless the terms of the instrument refer specifically to RCW 11.95A.350 or 11.95A.355 respectively and provide expressly to the contrary; or (ii) Under a testamentary trust, trust agreement, or declaration of trust executed before July 25, 1993, unless: (A) The trust is revoked, or amended to provide otherwise, and the terms of any amendment specifically refer to RCW 11.95A.350 or 11.95A.355 , respectively, and provide expressly to the contrary; (B) All parties in interest, as defined in RCW 11.98.240 (3), elect affirmatively, in the manner prescribed in RCW 11.98.240 (4), not to be subject to the application of this subsection. The election must be made by the later of September 1, 2000, or three years after the date on which the trust becomes irrevocable; or (C) A person entitled to judicial proceedings for a declaration of rights or legal relations under RCW 11.96A.080 obtains a judicial determination that the application of this subsection (1)(a)(ii) to the trust is inconsistent with the provisions or purposes of the will or trust. (b) Notwithstanding (a) of this subsection, for the purposes of this section a codicil to a will, an amendment to a trust, or an amendment to another instrument that created the power of appointment in question shall not be deemed to cause that instrument to be executed after July 25, 1993, unless the codicil or amendment clearly shows an intent to have RCW 11.95A.350 or 11.95A.355 apply. (2) Notwithstanding subsection (1) of this section, RCW 11.95A.350 through 11.95A.375 shall apply to a power of appointment created under a will, codicil, trust agreement, or declaration of trust, deed, power of attorney, or other instrument executed prior to July 25, 1993, if the person who created the power of appointment had on July 25, 1993, the power to revoke, amend, or modify the instrument creating the power of appointment, unless: (a) The terms of the instrument specifically refer to RCW 11.95A.350 or 11.95A.355 respectively and provide expressly to the contrary; or (b) The person creating the power of appointment was not competent, on July 25, 1993, to revoke, amend, or modify the instrument creating the power of appointment and did not regain his or her competence to revoke, amend, or modify the instrument creating the power of appointment on or before his or her death or before the time at which the instrument could no longer be revoked, amended, or modified by the person. (3) For purposes of this section, a reference in an instrument to: (a) RCW 11.95.100 is a reference to RCW 11.95A.350 ; and (b) RCW 11.95.110 is a reference to RCW 11.95A.355 .
RCW 11.130.660 — Washington Code / Title 11 / Chapter 130 / Section 660
RCW 11.130.660: Letters of office.
Status: in_force

All letters of guardianship/conservatorship must be in the following form or a substantially similar form: IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF . . . . . . . . . IN THE MATTER OF THE GUARDIANSHIP/ CONSERVATORSHIP OF . . . . . . . . . . . . . . . . . Cause No. . . . . . . . . LETTERS OF GUARDIANSHIP/CONSERVATORSHIP Date letters expire . . . . THESE LETTERS OF GUARDIANSHIP/CONSERVATORSHIP PROVIDE OFFICIAL VERIFICATION OF THE FOLLOWING: On the . . . . . . . . . day of . . . . . . . ., (year) . . . . the Court appointed . . . . . . . . . . .to serve as: □ Guardian of the Person □ Full □ Limited □ Conservator of the Estate □ Full □ Limited for . . . . . . . . . . . ., in the above referenced matter. The Guardian/Conservator has fulfilled all legal requirements to serve including, but not limited to: Taking and filing the oath; filing any bond consistent with the court's order; filing any blocked account agreement consistent with the court's order; and appointing a resident agent for a nonresident guardian. The Court, having found the Guardian/Conservator duly qualified, now makes it known . . . . . . . . . is authorized as the Guardian for . . . . . . . . . . . . . . designated in the Court's order as referenced above. The next filing and reporting deadline in this matter is on the . . . day of . . . . . . ., . . . . . .. THESE LETTERS ARE NO LONGER VALID ON . . . . . . . . . . These letters can only be renewed by a new court order. If the court grants an extension, new letters will be issued. This matter is before the Honorable . . . . . . . . of Superior Court, the seal of the Court being affixed this . . . . day of . . . . . . . .. State of Washington ) ) ss. County of . . . . . . . . .) I, . . . . . . . ., Clerk of the Superior Court of said County and State, certify that this document represents true and correct Letters of Guardianship/Conservatorship in the above entitled case, entered upon the record on this . . . . . . . day of . . . . . ., . . . .. These letters remain in full force and effect until the date of expiration set forth above. The seal of Superior Court has been affixed and witnessed by my hand this . . . . . . . day of . . . . . . . . ., . . . .. . . . . . . . . . ., Clerk of Superior Court By . . . . . . . ., Deputy . . . . . . . . . . . . . . . . . . . . (Signature of Deputy)
RCW 11.76.070 — Washington Code / Title 11 / Chapter 76 / Section 070
RCW 11.76.070: Attorney's fees to contestant of erroneous account or report.
Status: in_force

If, in any probate or guardianship proceeding, any personal representative shall fail or neglect to report to the court concerning his or her trust and any beneficiary or other interested party shall be reasonably required to employ legal counsel to institute legal proceedings to compel an accounting, or if an erroneous account or report shall be rendered by any personal representative and any beneficiary of said trust or other interested party shall be reasonably required to employ legal counsel to resist said account or report as rendered, and upon a hearing an accounting shall be ordered, or the account as rendered shall not be approved, and the said personal representative shall be charged with further liability, the court before which said proceeding is pending may, in its discretion, in addition to statutory costs, enter judgment for reasonable attorney's fees in favor of the person or persons instituting said proceedings and against said personal representative, and in the event that the surety or sureties upon the bond of said personal representative be made a party to said proceeding, then jointly against said surety and said personal representative, which judgment shall be enforced in the same manner and to the same extent as judgments in ordinary civil actions.
RCW 11.86.080 — Washington Code / Title 11 / Chapter 86 / Section 080
RCW 11.86.080: Rights under other statutes or rules not abridged.
Status: in_force

This chapter shall not abridge the right of any person, apart from this chapter, under any existing or future statute or rule of law, to disclaim any interest or to assign, convey, release, renounce or otherwise dispose of any interest.
RCW 11.125.903 — Washington Code / Title 11 / Chapter 125 / Section 903
RCW 11.125.903: Effective date—2016 c 209.
Status: in_force

This act takes effect January 1, 2017.
RCW 11.104B.300 — Washington Code / Title 11 / Chapter 104B / Section 300
RCW 11.104B.300: Receipts normally apportioned—Minerals, water, and other natural resources.
Status: in_force

(1) To the extent a fiduciary accounts for a receipt from an interest in minerals, water, or other natural resources pursuant to this section, the fiduciary shall allocate the receipt: (a) If received as nominal delay rental or nominal annual rent on a lease, a receipt must be allocated to income; (b) If received from a production payment, a receipt must be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent. The balance must be allocated to principal; (c) If an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus, or delay rental is more than nominal, 90 percent must be allocated to principal and the balance to income; or (d) If an amount is received from a working interest or any other interest not provided for in (a), (b), or (c) of this subsection, 90 percent of the net amount received must be allocated to principal and the balance to income. (2) An amount received on account of an interest in water that is renewable must be allocated to income. If the water is not renewable, 90 percent of the amount must be allocated to principal and the balance to income. (3) This chapter applies whether or not a decedent or donor was extracting minerals, water, or other natural resources before the interest became subject to the trust. (4) If a fiduciary owns or holds an interest in minerals, water, or other natural resources on January 1, 2022, the fiduciary may allocate receipts from the interest as provided in this chapter or in the manner used by the fiduciary before January 1, 2022. If the fiduciary acquires an interest in minerals, water, or other natural resources after January 1, 2022, the fiduciary shall allocate receipts from the interest as provided in this chapter.
RCW 11.130.200 — Washington Code / Title 11 / Chapter 130 / Section 200
RCW 11.130.200: Attorney for minor or parent.
Status: in_force

(1) The court is not required, but may appoint an attorney to represent a minor who is the subject of a proceeding under RCW 11.130.190 if: (a) Requested by the minor and the minor is twelve years of age or older; (b) Recommended by a guardian ad litem; or (c) The court determines the minor needs representation. (2) An attorney appointed under subsection (1) of this section shall: (a) Make a reasonable effort to ascertain the minor's wishes; (b) Advocate for the minor's wishes to the extent reasonably ascertainable; and (c) If the minor's wishes are not reasonably ascertainable, advocate for the minor's legal rights. (3) A minor who is the subject of a proceeding under RCW 11.130.190 may retain an attorney to represent the minor in the proceeding. (4) A parent of a minor who is the subject of a proceeding under RCW 11.130.190 may retain an attorney to represent the parent in the proceeding. (5) The court must appoint an attorney to represent a parent of a minor who is the subject of a proceeding under RCW 11.130.190 if: (a) The parent has appeared in the proceeding; (b) The parent is indigent; and (c) Any of the following is true: (i) The parent objects to appointment of a guardian for the minor; or (ii) The court determines that counsel is needed to ensure that consent to appointment of a guardian is informed; or (iii) The court otherwise determines the parent needs representation. (6) The court must inquire about whether a parent is indigent to ensure that counsel is appointed in a timely manner. For purposes of this section, "indigent" has the same meaning as under RCW 10.101.010 . (7) 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 11.130.190 , even if the parent is not indigent, if: (a) The parent objects to appointment of a guardian for the minor; (b) The court determines that counsel is needed to ensure that consent to appointment of a guardian is informed; or (c) The court otherwise determines that the parent needs representation. (8) A party represented by an attorney in proceedings under this article has the right to introduce evidence, to be heard in his or her own behalf, and to examine witnesses. If a party to an action under this article is represented by counsel, no order may be provided to that party for signature without prior notice and provision of the order to counsel.
RCW 11.98.140 — Washington Code / Title 11 / Chapter 98 / Section 140
RCW 11.98.140: Distribution and vesting of assets.
Status: in_force

If, during the one hundred fifty years following the effective date of an instrument creating a trust, any of the trust assets should by the terms of the instrument or pursuant to any further trust or other disposition resulting from exercise of the power of appointment granted in or created through authority under such instrument, become distributable or any beneficial interest in any of the trust assets should by the terms of the instrument, or such further trust or other disposition become vested, such assets shall be distributed and such beneficial interest shall validly vest in accordance with the instrument, or such further trust or other disposition.
RCW 11.120.030 — Washington Code / Title 11 / Chapter 120 / Section 030
RCW 11.120.030: Applicability.
Status: in_force

(1) This chapter applies to: (a) A fiduciary acting under a will or power of attorney executed before, on, or after June 9, 2016; (b) A personal representative acting for a decedent who died before, on, or after June 9, 2016; (c) A guardian acting for an incapacitated person appointed before, on, or after June 9, 2016; (d) A trustee acting under a trust created before, on, or after June 9, 2016; and (e) A custodian if the user resides in this state or resided in this state at the time of the user's death. (2) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
RCW 11.120.130 — Washington Code / Title 11 / Chapter 120 / Section 130
RCW 11.120.130: Disclosure of other digital assets held in trust when trustee not original user.
Status: in_force

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications in which the trust has a right or interest, if the trustee gives the custodian: (1) A written request for disclosure in physical or electronic form; (2) A certified copy of the trust instrument or a certification of the trust under RCW 11.98.075 ; (3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and (4) If requested by the custodian: (a) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or (b) Evidence linking the account to the trust.
RCW 11.104B.010 — Washington Code / Title 11 / Chapter 104B / Section 010
RCW 11.104B.010: Scope.
Status: in_force

Except as otherwise provided in the terms of a trust or this chapter, this chapter applies to a trust or estate.
RCW 11.125.130 — Washington Code / Title 11 / Chapter 125 / Section 130
RCW 11.125.130: Accepting appointment as an agent.
Status: in_force

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
RCW 11.40.030 — Washington Code / Title 11 / Chapter 40 / Section 030
RCW 11.40.030: Notice to creditors—Form.
Status: in_force

Notice under RCW 11.40.020 must contain the following elements in substantially the following form: CAPTION ) No. OF CASE ) PROBATE NOTICE TO ) CREDITORS . . . . ) RCW 11.40.030 The personal representative named below has been appointed as personal representative of this estate. 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 11.40.070 by serving on or mailing to the personal representative or the personal representative'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 probate proceedings were commenced. The claim must be presented within the later of: (1) Thirty days after the personal representative served or mailed the notice to the creditor as provided under RCW 11.40.020 (1)(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 11.40.051 and 11.40.060 . This bar is effective as to claims against both the decedent's probate and nonprobate assets. Date of First Publication: Personal Representative: Attorney for the Personal Representative: Address for Mailing or Service: Court of probate proceedings and cause number:
RCW 11.98.085 — Washington Code / Title 11 / Chapter 98 / Section 085
RCW 11.98.085: Trustee—Breach of trust—Damages.
Status: in_force

(1) A trustee who commits a breach of trust is liable for the greater of: (a) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or (b) The profit the trustee made by reason of the breach. (2) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.
RCW 11.40.070 — Washington Code / Title 11 / Chapter 40 / Section 070
RCW 11.40.070: Claims—Form—Manner of presentation—Waiver of defects.
Status: in_force

(1) The claimant, the claimant's attorney, or the claimant's agent shall sign the claim and include in the claim the following information: (a) The name and address of the claimant; (b) The name, address, if different from that of the claimant, and nature of authority of an agent signing the claim on behalf of the claimant; (c) A statement of the facts or circumstances constituting the basis of the claim; (d) The amount of the claim; and (e) If the claim is secured, unliquidated, contingent, or not yet due, the nature of the security, the nature of the uncertainty, or the date when it will become due. Failure to describe correctly the information in (c), (d), or (e) of this subsection, if the failure is not substantially misleading, does not invalidate the claim. (2) A claim does not need to be supported by affidavit. (3) A claim must be presented within the time limits set forth in RCW 11.40.051 by: (a) Serving on or mailing to, by regular first-class mail, the personal representative or the personal representative's attorney a copy of the signed claim; and (b) filing the original of the signed claim with the court in which probate proceedings were commenced. A claim is deemed presented upon the later of the date of postmark or service on the personal representative, or the personal representative's attorney, and filing with the court. (4) Notwithstanding any other provision of this chapter, if a claimant makes a written demand for payment within the time limits set forth in RCW 11.40.051 , the personal representative may waive formal defects and elect to treat the demand as a claim properly filed under this chapter if: (a) The claim was due; (b) the amount paid is the amount of indebtedness over and above all payments and offsets; (c) the estate is solvent; and (d) the payment is made in good faith. Nothing in this chapter limits application of the doctrines of waiver, estoppel, or detrimental claims or any other equitable principle.
RCW 11.100.140 — Washington Code / Title 11 / Chapter 100 / Section 140
RCW 11.100.140: Notice and procedure for nonroutine transactions.
Status: in_force

(1) A trustee shall not enter into a significant nonroutine transaction in the absence of a compelling circumstance without: (a) Providing the written notice called for by subsection (4) of this section; and (b) If the significant nonroutine transaction is of the type described in subsection (2)(a) of this section, obtaining an independent appraisal, or selling in an open-market transaction. (2) A "significant nonroutine transaction" for the purpose of this section is defined as any of the following: (a) Any sale, option, lease, or other agreement, binding for a period of ten years or more, dealing with any interest in real estate other than real estate purchased by the trustee or a vendor's interest in a real estate contract, the value of which constitutes twenty-five percent or more of the net fair market value of trust principal at the time of the transaction; or (b) The sale of any item or items of tangible personal property, including a sale of precious metals or investment gems other than precious metals or investment gems purchased by the trustee, the value of which constitutes twenty-five percent or more of the net fair market value of trust principal at the time of the transaction; or (c) The sale of shares of stock in a corporation whose stock is not traded on the open market, if the stock in question constitutes more than twenty-five percent of the corporation's outstanding shares; or (d) The sale of shares of stock in any corporation where the stock to be sold constitutes a controlling interest, or would cause the trust to no longer own a controlling interest, in the corporation. (3) A "compelling circumstance" for the purpose of this section is defined as a condition, fact, or event that the trustee believes necessitates action without compliance with this section in order to avoid immediate and significant detriment to the trust. If faced with a compelling circumstance, the trustee shall give the notice called for in subsection (4) of this section and may thereafter enter into the significant nonroutine transaction without waiting for the expiration of the twenty-day period. (4) The written notice required by this section shall set forth such material facts as necessary to advise properly the recipient of the notice of the nature and terms of the intended transaction. This notice shall be given to the trustor, if living, to each person who is eighteen years or older and to whom income is presently payable or for whom income is presently being accumulated for distribution as income and for whom an address is known to the trustee, and to the attorney general if the trust is a charitable trust under RCW 11.110.020 . The notice shall be mailed by United States certified mail, postage prepaid, return receipt requested, to the recipient's last-known address, or may be personally served, at least twenty days prior to the trustee entering into any binding agreements. (5) The trustor, if living, or persons entitled to notice under this section may, by written instrument, waive any requirement imposed by this section. (6) Except as required by this section for nonroutine transactions defined in subsection (2) of this section, a trustee shall not be required to notify beneficiaries of a trust of the trustee's intended action, to obtain an independent appraisal, or to sell in an open-market transaction. (7) Any person dealing with a trustee may rely upon the trustee's written statement that the requirements of this section have been met for a particular transaction. If a trustee gives such a statement, the transaction shall be final unless the party relying on the statement has actual knowledge that the requirements of this section have not been met. (8) The requirements of this section, and any similar requirements imposed by prior case law, shall not apply to personal representatives or to those trusts excluded from the definition of express trusts under RCW 11.98.009 .
RCW 11.54.100 — Washington Code / Title 11 / Chapter 54 / Section 100
RCW 11.54.100: Exhaustion of estate—Closure of estate—Discharge of personal representative.
Status: in_force

If an award provided by this chapter will exhaust the estate, and probate proceedings have been commenced in the state of Washington, the court in the order of award or allowance shall order the estate closed, discharge the personal representative, and exonerate the personal representative's bond, if any.