reglab/housing_qa huggingface dataset:
WA Rev Code § 11.08.170 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.08 - Escheats.|11.08.170 - Probate of escheat property—Notice to department of revenue.

RCW 11.08.170 Probate of escheat property—Notice to department of revenue.Escheat property may be probated under the provisions of the probate laws of this state. Whenever such probate proceedings are instituted, whether by special administration or otherwise, the petitioner shall promptly notify the department of revenue in writing thereof on forms furnished by the department of revenue to the county clerks. Thereafter, the department of revenue shall be served with written notice at least twenty days prior to any hearing on proceedings involving the valuation or sale of property, on any petition for the allowance of fees, and on all interim reports, final accounts or petitions for the determination of heirship. Like notice shall be given of the presentation of any claims to the court for allowance. Failure to furnish such notice shall be deemed jurisdictional and any order of the court entered without such notice shall be void. The department of revenue may waive the provisions of this section in its discretion. The department shall be deemed to have waived its right to administer in such probate proceedings under RCW 11.28.120(5) unless application for appointment of the director or the director's designee is made within forty days immediately following receipt of notice of institution of proceedings.[ 1994 c 221 § 3; 1990 c 225 § 1; 1975 1st ex.s. c 278 § 2; 1965 c 145 § 11.08.170. Prior: 1955 c 254 § 5.]NOTES:Effective dates—1994 c 221: See note following RCW 11.100.035.Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
WA Rev Code § 11.08.180 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.08 - Escheats.|11.08.180 - Department of revenue to be furnished copies of documents and pleadings.

RCW 11.08.180 Department of revenue to be furnished copies of documents and pleadings.The department of revenue may demand copies of any papers, documents, or pleadings involving the escheat property or the probate thereof deemed by it to be necessary for the enforcement of RCW 11.08.140 through 11.08.280 and it shall be the duty of the administrator or his or her attorney to furnish such copies to the department.[ 2010 c 8 § 2007; 1975 1st ex.s. c 278 § 3; 1965 c 145 § 11.08.180. Prior: 1955 c 254 § 6.]NOTES:Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
WA Rev Code § 11.08.185 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.08 - Escheats.|11.08.185 - Escheat property—Records of department of revenue—Public record information.

RCW 11.08.185 Escheat property—Records of department of revenue—Public record information.All records of the department of revenue relating to escheated property or property about to escheat shall be a public record and shall be made available by the department of revenue for public inspection. Without limitation, the records to be made public shall include all available information regarding possible heirs, descriptions and amounts of property escheated or about to escheat, and any information which might serve to identify the proper heirs.[ 1973 c 25 § 1.]
WA Rev Code § 11.08.200 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.08 - Escheats.|11.08.200 - Liability for use of escheated property.

RCW 11.08.200 Liability for use of escheated property.If any person shall take possession of escheat property without proper authorization to do so, and shall have the use thereof for a period exceeding sixty days, he or she shall be liable to the state for the reasonable value of such use, payment of which may be enforced by the department of revenue or by the administrator of the estate.[ 2010 c 8 § 2008; 1975 1st ex.s. c 278 § 4; 1965 c 145 § 11.08.200. Prior: 1955 c 254 § 8.]NOTES:Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
WA Rev Code § 11.08.205 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.08 - Escheats.|11.08.205 - Lease, sublease, or rental of escheated real property—Authorized—Expenses—Distribution of proceeds.

RCW 11.08.205 Lease, sublease, or rental of escheated real property—Authorized—Expenses—Distribution of proceeds.(1) The department of natural resources shall have the authority to lease real property from the administrator of an estate being probated under the escheat provisions, RCW 11.08.140 to 11.08.280.(2) The department of natural resources shall have the authority to sublease or rent the real property, it has leased under subsection (1) of this section, during the period that the real property is under the authority of the court appointed administrator.(3) Any moneys gained by the department of natural resources from leases or rentals shall be credited to an escheat reserve account bearing the name of the estate.(4) The department of natural resources shall have the authority to expend moneys to preserve and maintain the real property during the probate period.(5) Any expenses by the department of natural resources in preserving or maintaining the real property may be paid as follows:(a) First, the expenses shall be charged to the escheat reserve account bearing the name of the estate; and(b) Second, if the expenses exceed the escheat reserve account, then the expenses shall be paid as follows:(i) If the land is distributed to the state by the administrator, the expenses shall be paid out of the sale price of the land as later sold by the department of natural resources, or shall be paid out of the general fund if the land is held for use by the state; or(ii) If the land is distributed to the heirs by the administrator, the expenses shall be borne by the estate.(6) Upon the final distribution of the real property, the escheat reserve account shall be closed out as follows:(a) If the real property is distributed to the state, the balance of the account shall be paid into the permanent common school fund of the state; or(b) If the real property is distributed to the heirs, the balance of the account shall be paid to the estate.[ 1969 ex.s. c 249 § 1.]
WA Rev Code § 11.08.210 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.08 - Escheats.|11.08.210 - Allowance of claims, expenses, partial fees—Sale of property—Decree of distribution.

RCW 11.08.210 Allowance of claims, expenses, partial fees—Sale of property—Decree of distribution.If at the expiration of four months from the date of the first publication of notice to creditors no heirs have appeared and established their claim to the estate, the court may enter an interim order allowing claims, expenses, and partial fees. If at the expiration of ten months from the date of issuance of letters testamentary or of administration no heirs have appeared and established their claim to the estate, all personal property not in the form of cash shall be sold under order of the court. Personal property found by the court to be worthless shall be ordered abandoned. Real property shall not be sold for the satisfaction of liens thereon, or for the payment of the debts of decedent or expenses of administration until the proceeds of the personal property are first exhausted. The court shall then enter a decree allowing any additional fees and charges deemed proper and distributing the balance of the cash on hand, together with any real property, to the state. Remittance of cash on hand shall be made to the department of revenue which shall make proper records thereof and forthwith forward such funds to the state treasurer for deposit in the permanent common school fund of the state.[ 1979 ex.s. c 209 § 19; 1975 1st ex.s. c 278 § 5; 1965 c 145 § 11.08.210. Prior: 1955 c 254 § 9.]NOTES:Effective date—Applicability—1979 ex.s. c 209: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions; shall take effect immediately; and shall be effective with respect to persons dying after the effective date of this act." [ 1979 ex.s. c 209 § 52.] The effective date of 1979 ex.s. c 209 was May 29, 1979.Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
WA Rev Code § 11.08.220 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.08 - Escheats.|11.08.220 - Certified copies of decree—Department of natural resources duties.

RCW 11.08.220 Certified copies of decree—Department of natural resources duties.The department of revenue shall be furnished two certified copies of the decree of the court distributing any real property to the state, one of which shall be forwarded to the department of natural resources which shall thereupon assume supervision of and jurisdiction over such real property and thereafter handle it the same as state common school lands. The administrator shall also file a certified copy of the decree with the auditor of any county in which the escheated real property is situated.[ 1988 c 128 § 2; 1975 1st ex.s. c 278 § 6; 1965 c 145 § 11.08.220. Prior: 1957 c 125 § 1; 1955 c 254 § 10.]NOTES:Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.Management of acquired lands by department of natural resources: RCW 79.10.030.
WA Rev Code § 11.08.230 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.08 - Escheats.|11.08.230 - Appearance and claim of heirs—Notices to department of revenue.

RCW 11.08.230 Appearance and claim of heirs—Notices to department of revenue.Upon the appearance of heirs and the establishment of their claim to the satisfaction of the court prior to entry of the decree of distribution to the estate, the provisions of RCW 11.08.140 through 11.08.280 shall not further apply, except for purposes of appeal: PROVIDED, That the department of revenue shall be promptly given written notice of such appearance by the claimants and furnished copies of all papers or documents on which such claim of heirship is based. Any documents in a foreign language shall be accompanied by translations made by a properly qualified translator, certified by him or her to be true and correct translations of the original documents. The administrator or his or her attorney shall also furnish the department of revenue with any other available information bearing on the validity of the claim.[ 2010 c 8 § 2009; 1975 1st ex.s. c 278 § 7; 1965 c 145 § 11.08.230. Prior: 1955 c 254 § 11.]NOTES:Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
WA Rev Code § 11.08.240 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.08 - Escheats.|11.08.240 - Limitation on filing claim.

RCW 11.08.240 Limitation on filing claim.Any claimant to escheated funds or real property shall have seven years from the date of issuance of letters testamentary or of administration within which to file his or her claim. Such claim shall be filed with the court having original jurisdiction of the estate, and a copy thereof served upon the department of revenue, together with twenty days notice of the hearing thereon.[ 2010 c 8 § 2010; 1975 1st ex.s. c 278 § 8; 1965 c 145 § 11.08.240. Prior: 1955 c 254 § 12.]NOTES:Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
WA Rev Code § 11.08.250 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.08 - Escheats.|11.08.250 - Order of court on establishment of claim—Parklands—Appraisal.

RCW 11.08.250 Order of court on establishment of claim—Parklands—Appraisal.Upon establishment of the claim to the satisfaction of the court, it shall order payment to the claimant of any escheated funds and delivery of any escheated land, or the proceeds thereof, if sold. If, however, the escheated property shall have been transferred to the state parks and recreation commission or local jurisdiction for park purposes, the court shall order payment to the claimant for the fair market value of the property at the time of transfer, excluding the value of physical improvements to the property while managed by a state agency or local jurisdiction. The value shall be established by independent appraisal obtained by the department of revenue.[ 1993 c 49 § 2; 1965 c 145 § 11.08.250. Prior: 1955 c 254 § 13.]NOTES:Parkland: RCW 79.10.030.
WA Rev Code § 11.08.260 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.08 - Escheats.|11.08.260 - Payment of escheated funds to claimant.

RCW 11.08.260 Payment of escheated funds to claimant.In the event the order of the court requires the payment of escheated funds or the proceeds of the sale of escheated real property or the appraised value of escheated property transferred for park purposes, a certified copy of such order shall be served upon the department of revenue which shall thereupon take any steps necessary to effect payment to the claimant out of the general fund of the state.[ 1993 c 49 § 3; 1975 1st ex.s. c 278 § 9; 1965 c 145 § 11.08.260. Prior: 1955 c 254 § 14.]NOTES:Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
WA Rev Code § 11.08.270 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.08 - Escheats.|11.08.270 - Conveyance of escheated property to claimant.

RCW 11.08.270 Conveyance of escheated property to claimant.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.[ 1988 c 128 § 3; 1965 c 145 § 11.08.270. Prior: 1955 c 254 § 15.]
WA Rev Code § 11.08.280 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.08 - Escheats.|11.08.280 - Limitation when claimant is minor or incompetent not under guardianship.

RCW 11.08.280 Limitation when claimant is minor or incompetent not under guardianship.The claims of any persons to escheated funds or real property which are not filed within seven years as specified above are forever barred, excepting as to those persons who are minors or who are legally incompetent and not under guardianship, in which event the claim may be filed within seven years after their disability is removed.[ 1965 c 145 § 11.08.280. Prior: 1955 c 254 § 16.]
WA Rev Code § 11.08.290 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.08 - Escheats.|11.08.290 - Deposit of cash received by personal representative of escheat estate.

RCW 11.08.290 Deposit of cash received by personal representative of escheat estate.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.[ 1979 ex.s. c 209 § 18.]NOTES:Effective date—Applicability—1979 ex.s. c 209: See note following RCW 11.08.210.
WA Rev Code § 11.08.300 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.08 - Escheats.|11.08.300 - Transfer of property to department of revenue.

RCW 11.08.300 Transfer of property to department of revenue.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.[ 2008 c 6 § 907; 1990 c 225 § 3.]NOTES:Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
WA Rev Code § 11.10.010 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.10 - Abatement of Assets.|11.10.010 - Abatement—Generally.

RCW 11.10.010 Abatement—Generally.(1) Except as provided in subsection (2) of this section, property of a decedent abates, without preference as between real and personal property, in the following order:(a) Intestate property;(b) Residuary gifts;(c) General gifts;(d) Specific gifts.For purposes of abatement a demonstrative gift, defined as a general gift charged on any specific property or fund, is deemed a specific gift to the extent of the value of the property or fund on which it is charged, and a general gift to the extent of a failure or insufficiency of that property or fund. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.(2) If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (1) of this section, a gift abates as may be found necessary to give effect to the intention of the testator.(3) If the subject of a preferred gift is sold, diminished, or exhausted incident to administration, not including satisfaction of debts or liabilities according to their community or separate status under RCW 11.10.030, abatement must be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.(4) To the extent that the whole of the community property is subject to abatement, the shares of the decedent and of the surviving spouse or surviving domestic partner in the community property abate equally.(5) If required under RCW 11.10.040, nonprobate assets must abate with those disposed of under the will and passing by intestacy.[ 2008 c 6 § 908; 1994 c 221 § 5.]NOTES:Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.Effective dates—1994 c 221: See note following RCW 11.100.035.
WA Rev Code § 11.10.020 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.10 - Abatement of Assets.|11.10.020 - Gift from mixed separate and community property.

RCW 11.10.020 Gift from mixed separate and community property.To the extent that a gift is to be satisfied out of a source that consists of both separate and community property, unless otherwise indicated in the will it is presumed to be a gift from separate and community property in proportion to their relative value in the property or fund from which the gift is to be satisfied.[ 1994 c 221 § 6.]NOTES:Effective dates—1994 c 221: See note following RCW 11.100.035.
WA Rev Code § 11.10.030 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.10 - Abatement of Assets.|11.10.030 - Allocation of separate and community assets.

RCW 11.10.030 Allocation of separate and community assets.(1) A community debt or liability is charged against the entire community property, with the surviving spouse's or surviving domestic partner's half and the decedent spouse's or decedent domestic partner's half charged equally.(2) A separate debt or liability is charged first against separate property, and if that is insufficient against the balance of decedent's half of community property remaining after community debts and liabilities are satisfied.(3) A community debt or liability that is also the separate debt or liability of the decedent is charged first against the whole of the community property and then against the decedent's separate property.(4) An expense of administration is charged against the separate property and the decedent's half of the community property in proportion to the relative value of the property, unless a different charging of expenses is shown to be appropriate under the circumstances including against the surviving spouse's or surviving domestic partner's share of the community property.(5) Property of a similar type, community or separate, is appropriated in accordance with the abatement priorities of RCW 11.10.010.(6) Property that is primarily chargeable for a debt or liability is exhausted, in accordance with the abatement priorities of RCW 11.10.010, before resort is had, also in accordance with RCW 11.10.010, to property that is secondarily chargeable.[ 2008 c 6 § 931; 1994 c 221 § 7.]NOTES:Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.Effective dates—1994 c 221: See note following RCW 11.100.035.
WA Rev Code § 11.10.040 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.10 - Abatement of Assets.|11.10.040 - Nonprobate assets.

RCW 11.10.040 Nonprobate assets.(1) If abatement is necessary among takers of a nonprobate asset, the court shall adopt the abatement order and limitations set out in RCW 11.10.010, 11.10.020, and 11.10.030, assigning categories in accordance with subsection (2) of this section.(2) A nonprobate transfer must be categorized for purposes of abatement, within the list of priorities set out in RCW 11.10.010(1), as follows:(a) All nonprobate forms of transfer under which an identifiable nonprobate asset passes to a beneficiary or beneficiaries on the event of the decedent's death, such as, but not limited to, joint tenancies and payable-on-death accounts, are categorized as specific bequests.(b) With respect to all other interests passing under nonprobate forms of transfer, each must be categorized in the manner that is most closely comparable to the nature of the transfer of that interest.(3) If and to the extent that a nonprobate asset is subject to the same obligations as are assets disposed of under the decedent's will, the nonprobate assets abate ratably with the probate assets, within the categories set out in subsection (2) of this section.(4) If the nonprobate instrument of transfer or the decedent's will expresses a different order of abatement, or if the decedent's overall dispositive plan or the express or implied purpose of the transfer would be defeated by the order of abatement stated in subsections (1) through (3) of this section, the nonprobate assets abate as may be found necessary to give effect to the intention of the decedent.[ 1994 c 221 § 8.]NOTES:Effective dates—1994 c 221: See note following RCW 11.100.035.
WA Rev Code § 11.10.900 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.10 - Abatement of Assets.|11.10.900 - Application of chapter.

RCW 11.10.900 Application of chapter.This chapter applies in all instances in which no other abatement scheme is expressly provided.[ 1994 c 221 § 4.]NOTES:Effective dates—1994 c 221: See note following RCW 11.100.035.