reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.080 - Representation of incapacitated person by guardian ad litem—Exception.

RCW 11.76.080
Representation of incapacitated person by guardian ad litem—Exception.
If there be any alleged incapacitated person interested in the estate who has no legally appointed conservator or limited conservator under RCW 11.130.360, the court:
(1) At any stage of the proceeding in its discretion and for such purpose or purposes as it shall indicate, may appoint; and
(2) For hearings held under RCW 11.54.010, 11.68.041, 11.68.100, and 11.76.050 or for entry of an order adjudicating testacy or intestacy and heirship when no personal representative is appointed to administer the estate of the decedent, shall appoint some disinterested person as guardian ad litem to represent the allegedly incapacitated person with reference to any petition, proceeding report, or adjudication of testacy or intestacy without the appointment of a personal representative to administer the estate of decedent in which the alleged incapacitated person may have an interest, who, on behalf of the alleged incapacitated person, may contest the same as any other person interested might contest it, and who shall be allowed by the court reasonable compensation for his or her services: PROVIDED, HOWEVER, That where a surviving spouse or surviving domestic partner is the sole beneficiary under the terms of a will, the court may grant a motion by the personal representative to waive the appointment of a guardian ad litem for a person who is the minor child of the surviving spouse or surviving domestic partner and the decedent and who is incapacitated solely for the reason of his or her being under eighteen years of age.
[ 2020 c 312 § 710; 2008 c 6 § 806; 1997 c 252 § 71; 1977 ex.s. c 80 § 15; 1974 ex.s. c 117 § 45; 1971 c 28 § 1; 1969 c 70 § 4; 1965 c 145 § 11.76.080. Prior: 1917 c 156 § 164; RRS § 1534; prior: Code 1881 § 1558; 1854 p 297 § 180.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Application—1997 c 252 §§ 1-73: See note following RCW 11.02.005.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.095 - Distribution of estates to minors.

RCW 11.76.095
Distribution of estates to minors.
When a decree of distribution is made by the court in administration upon a decedent's estate or when distribution is made by a personal representative under a nonintervention will and distribution is ordered under such decree or authorized under such nonintervention will to a person under the age of eighteen years, it shall be required that:
(1) The money be deposited in a bank or trust company or be invested in an account in an insured financial institution for the benefit of the minor subject to withdrawal only upon the order of the court in the original probate proceeding, or upon said minor's attaining the age of eighteen years and furnishing proof thereof satisfactory to the depositary;
(2) A general guardian shall be appointed and qualify and the money or property be paid or delivered to such guardian prior to the discharge of the personal representative in the original probate proceeding; or
(3) A custodian be selected and the money or property be transferred to the custodian subject to chapter 11.114 RCW.
[ 1997 c 252 § 72; 1991 c 193 § 28; 1988 c 29 § 5; 1974 ex.s. c 117 § 12; 1971 c 28 § 3; 1965 c 145 § 11.76.095.]
NOTES:
Application—1997 c 252 §§ 1-73: See note following RCW 11.02.005.
Effective date—1991 c 193: See RCW 11.114.903.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.100 - Receipts for expenses from personal representative.

RCW 11.76.100
Receipts for expenses from personal representative.
In rendering his or her accounts or reports the personal representative shall produce receipts or canceled checks for the expenses and charges which he or she shall have paid, which receipts shall be filed and remain in court until the probate has been completed and the personal representative has been discharged; however, he or she may be allowed any item of expenditure, not exceeding twenty dollars, for which no receipt is produced, if such item be supported by his or her own oath, but such allowances without receipts shall not exceed the sum of three hundred dollars in any one estate.
[ 2010 c 8 § 2067; 1987 c 363 § 2; 1965 c 145 § 11.76.100. Prior: 1917 c 156 § 170; RRS § 1540; prior: Code 1881 § 1553; 1854 p 297 § 176.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.110 - Order of payment of debts.

RCW 11.76.110
Order of payment of debts.
After payment of costs of administration the debts of the estate shall be paid in the following order:
(1) Funeral expenses in such amount as the court shall order.
(2) Expenses of the last sickness, in such amount as the court shall order.
(3) Wages due for labor performed within sixty days immediately preceding the death of decedent.
(4) Debts having preference by the laws of the United States.
(5) Taxes, or any debts or dues owing to the state.
(6) Judgments rendered against the deceased in his or her lifetime which are liens upon real estate on which executions might have been issued at the time of his or her death, and debts secured by mortgages in the order of their priority.
(7) All other demands against the estate.
[ 2010 c 8 § 2068; 1965 c 145 § 11.76.110. Prior: 1917 c 156 § 171; RRS § 1541; prior: Code 1881 § 1562; 1860 p 213 § 264; 1854 p 298 § 184.]
NOTES:
Borrowing on general credit of estate: RCW 11.56.280.
Claims against estate: Chapter 11.40 RCW.
Sale, etc., of property—Priority as to realty or personalty: Chapter 11.10 RCW.
Tax constitutes debt—Priority of lien: RCW 82.32.240.
Wages, preference on death of employer: RCW 49.56.020.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.120 - Limitation on preference to mortgage or judgment.

RCW 11.76.120
Limitation on preference to mortgage or judgment.
The preference given in RCW 11.76.110 to a mortgage or judgment shall only extend to the proceeds of the property subject to the lien of such mortgage or judgment.
[ 1965 c 145 § 11.76.120. Prior: 1917 c 156 § 172; RRS § 1542; prior: 1897 c 22 § 1; Code 1881 § 1653; 1854 p 298 § 185.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.130 - Expense of monument.

RCW 11.76.130
Expense of monument.
Personal representatives of the estate of any deceased person are hereby authorized to expend a reasonable amount out of the estate of the decedent to erect a monument or tombstone suitable to mark the grave or crypt of the said decedent, and the expense thereof shall be paid as the funeral expenses are paid.
[ 1965 c 145 § 11.76.130. Prior: 1917 c 156 § 175; RRS § 1545; prior: Code 1881 § 1555; 1875 p 127 § 1.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.150 - Payment of claims where estate insufficient.

RCW 11.76.150
Payment of claims where estate insufficient.
If the estate shall be insufficient to pay the debts of any class, each creditor shall be paid in proportion to his or her claim, and no other creditor of any lower class shall receive any payment until all those of the preceding class shall have been fully paid.
[ 2010 c 8 § 2069; 1965 c 145 § 11.76.150. Prior: 1917 c 156 § 174; RRS § 1544; prior: Code 1881 § 1564; 1854 p 298 § 186.]
NOTES:
Appropriation to pay debts and expenses: Chapter 11.10 RCW.
Community property: Chapter 26.16 RCW.
Descent and distribution of real and personal estate: RCW 11.04.015.
Priority of sale, etc. as between realty and personalty: Chapter 11.10 RCW.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.160 - Liability of personal representative.

RCW 11.76.160
Liability of personal representative.
Whenever a decree shall have been made by the court for the payment of creditors, the personal representative shall be personally liable to each creditor for his or her claim or the dividend thereon, except when his or her inability to make the payment thereof from the property of the estate shall result without fault upon his or her part. The personal representative shall likewise be liable on his or her bond to each creditor.
[ 2010 c 8 § 2070; 1965 c 145 § 11.76.160. Prior: 1917 c 156 § 176; RRS § 1546; prior: 1891 c 155 § 35; Code 1881 § 1568; 1854 p 299 § 190.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.170 - Action on claim not acted on—Contribution.

RCW 11.76.170
Action on claim not acted on—Contribution.
If, after the accounts of the personal representative have been settled and the property distributed, it shall appear that there is a creditor or creditors whose claim or claims have been duly filed and not paid or disallowed, the said claim or claims shall not be a lien upon any of the property distributed, but the said creditor or creditors shall have a cause of action against the personal representative and his or her bond, for such an amount as such creditor or creditors would have been entitled to receive had the said claim been duly allowed and paid, and shall also have a cause of action against the distributees and creditors for a contribution from them in proportion to the amount which they have received. If the personal representative or his or her sureties be required to make any payment in this section provided for, he or she or they shall have a right of action against said distributees and creditors to compel them to contribute their just share.
[ 2010 c 8 § 2071; 1965 c 145 § 11.76.170. Prior: 1917 c 156 § 177; RRS § 1547; prior: Code 1881 § 1569; 1860 p 214 § 271; 1854 p 299 § 191.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.180 - Order maturing claim not due.

RCW 11.76.180
Order maturing claim not due.
If there be any claim not due the court may in its discretion, after hearing upon such notice as may be determined by it, mature such claim and direct that the same be paid in the due course of the administration.
[ 1965 c 145 § 11.76.180. Prior: 1917 c 156 § 178; RRS § 1548; prior: Code 1881 § 1567; 1854 p 298 § 189.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.190 - Procedure on contingent and disputed claim.

RCW 11.76.190
Procedure on contingent and disputed claim.
If there be any contingent or disputed claim against the estate, the amount thereof, or such part thereof as the holder would be entitled to, if the claim were established or absolute, shall be paid into the court, where it shall remain to be paid over to the party when he or she shall become entitled thereto; or if he or she fails to establish his or her claim, to be paid over or distributed as the circumstances of the case may require.
[ 2010 c 8 § 2072; 1965 c 145 § 11.76.190. Prior: 1917 c 156 § 179; RRS § 1549; prior: Code 1881 § 1567; 1854 p 298 § 189.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.200 - Agent for absentee distributee.

RCW 11.76.200
Agent for absentee distributee.
When any estate has been or is about to be distributed by decree of the court as provided in this chapter, to any person who has not been located, the court shall appoint an agent for the purpose of representing the interests of such person and of taking possession and charge of said estate for the benefit of such absentee person: PROVIDED, That no public official may be appointed as agent under this section.
[ 1965 c 145 § 11.76.200. Prior: 1955 ex.s. c 7 § 1; 1917 c 156 § 165; RRS § 1535.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.210 - Agent's bond.

RCW 11.76.210
Agent's bond.
Such agent shall make, subscribe and file an oath for the faithful performance of his or her duties, and shall give a bond to the state, to be approved by the court, conditioned faithfully to manage and account for such estate, before he or she shall be authorized to receive any property of said estate.
[ 2010 c 8 § 2073; 1965 c 145 § 11.76.210. Prior: 1955 ex.s. c 7 § 2; 1917 c 156 § 166; RRS § 1536.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.220 - Sale of unclaimed estate—Remittance of proceeds to department of revenue.

RCW 11.76.220
Sale of unclaimed estate—Remittance of proceeds to department of revenue.
If the estate remains in the hands of the agent unclaimed for three years, any property not in the form of cash shall be sold under order of the court, and all funds, after deducting a reasonable sum for expenses and services of the agent, to be fixed by the court, shall be paid into the county treasury. The county treasurer shall issue triplicate receipts therefor, one of which shall be filed with the county auditor, one with the court, and one with the department of revenue. If the funds remain in the county treasury unclaimed for a period of four years and ninety days, the county treasurer shall forthwith remit them to the department of revenue for deposit in the state treasury in the fund in which escheats and forfeitures are by law required to be deposited.
[ 1975 1st ex.s. c 278 § 10; 1965 c 145 § 11.76.220. Prior: 1955 ex.s. c 7 § 4; 1917 c 156 § 167; RRS § 1537.]
NOTES:
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Escheats: Chapter 11.08 RCW.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.230 - Liability of agent.

RCW 11.76.230
Liability of agent.
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.
[ 2010 c 8 § 2074; 1965 c 145 § 11.76.230. Prior: 1955 ex.s. c 7 § 5; 1917 c 156 § 168; RRS § 1538.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.240 - Claimant to proceeds of sale.

RCW 11.76.240
Claimant to proceeds of sale.
During the time the estate is held by the agent, or within four years after it is delivered to the county treasury, claim may be made thereto only by the absentee person or his or her legal representative, excepting that if it clearly appears that such person died prior to the decedent in whose estate distribution was made to him or her, but leaving lineal descendants surviving, such lineal descendants may claim. If any claim to the estate is made during the period specified above, the claimant shall forthwith notify the department of revenue in writing of such claim. The court, being first satisfied as to the right of such person to the estate, and after the filing of a clearance from the department of revenue, shall order the agent, or the county treasurer, as the case may be, to forthwith deliver the estate, or the proceeds thereof, if sold, to such person.
[ 2010 c 8 § 2075; 1975 1st ex.s. c 278 § 11; 1965 c 145 § 11.76.240. Prior: 1955 ex.s. c 7 § 6; 1917 c 156 § 169; RRS § 1539.]
NOTES:
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.243 - Heirs may institute probate proceedings if no claimant appears.

RCW 11.76.243
Heirs may institute probate proceedings if no claimant appears.
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.
[ 2010 c 8 § 2076; 1965 c 145 § 11.76.243. Prior: 1955 ex.s. c 7 § 7.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.245 - Procedure when claim made after time limitation.

RCW 11.76.245
Procedure when claim made after time limitation.
After any time limitation prescribed in RCW 11.76.220, 11.76.240 or 11.76.243, the absentee claimant may, at any time, if the assets of the estate have not been claimed under the provisions of RCW 11.76.240 and 11.76.243, notify the department of revenue of his or her claim to the estate, and file in the court which had jurisdiction of the original probate a petition claiming the assets of the estate. The department of revenue may appear in answer to such petition. Upon proof being made to the probate court that the claimant is entitled to the estate assets, the court shall render its judgment to that effect and the assets shall be paid to the claimant without interest, upon appropriation made by the legislature.
[ 2010 c 8 § 2077; 1975 1st ex.s. c 278 § 12; 1965 c 145 § 11.76.245. Prior: 1955 ex.s. c 7 § 8.]
NOTES:
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.247 - When court retains jurisdiction after entry of decree of distribution.

RCW 11.76.247
When court retains jurisdiction after entry of decree of distribution.
After the entry of the decree of distribution in the probate proceedings the court shall retain jurisdiction for the purpose of carrying out the provisions of RCW 11.76.200, 11.76.210, 11.76.220, 11.76.230, 11.76.240, 11.76.243 and 11.76.245.
[ 1965 c 145 § 11.76.247. Prior: 1955 ex.s. c 7 § 3.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.76 - Settlement of Estates. › 11.76.250 - Letters after final settlement.

RCW 11.76.250
Letters after final settlement.
A final settlement of the estate shall not prevent a subsequent issuance of letters of administration, should other property of the estate be discovered, or if it should become necessary and proper from any cause that letters should be again issued.
[ 1965 c 145 § 11.76.250. Prior: 1917 c 156 § 180; RRS § 1550; prior: Code 1881 § 1603; 1854 p 304 § 224.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.80 - Estates of Absentees. › 11.80.020 - Inventory and appraisement—Bond of trustee.

RCW 11.80.020
Inventory and appraisement—Bond of trustee.
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.
[ 2010 c 8 § 2078; 1967 c 168 § 15; 1965 c 145 § 11.80.020. Prior: 1915 c 39 § 2; RRS § 1715-2.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.80 - Estates of Absentees. › 11.80.030 - Reports of trustee.

RCW 11.80.030
Reports of trustee.
The trustee shall, at the expiration of one year from the date of his or her appointment and annually thereafter and at such times as the court may direct, make and file a report and account of his or her trusteeship, setting forth specifically the amounts received and expended and the conditions of the property.
[ 2010 c 8 § 2079; 1965 c 145 § 11.80.030. Prior: 1915 c 39 § 3; RRS § 1715-3.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.80 - Estates of Absentees. › 11.80.040 - Sale of property—Application of proceeds and income.

RCW 11.80.040
Sale of property—Application of proceeds and income.
If necessary to pay debts against the absentee which have been duly approved and allowed in the same form and manner as provided for the approving and allowing of claims against the estate of a deceased person or for such other purpose as the court may deem proper for the preservation of the estate, the trustee may sell, lease, or mortgage real or personal property of the estate under order of the court so to do, which order shall specify the particular property affected and the method, whether by public sale, private sale, or by negotiation, and the terms thereof, and the trustee shall hold the proceeds of such sale, after deducting the necessary expenses thereof, subject to the order of the court. The trustee is authorized and empowered to, by order of the court, expend the proceeds received from the sale of such property, and also the rents, issues, and profits accruing therefrom in the care, maintenance, and upkeep of the property, so long as the trusteeship shall continue, and the trustee shall receive out of such property such compensation for his or her services and those of his or her attorney as may be fixed by the court. The notices and procedures in conducting sales, leases, and mortgages hereunder shall be as provided in chapter 11.56 RCW.
[ 2010 c 8 § 2080; 1965 c 145 § 11.80.040. Prior: 1915 c 39 § 4; RRS § 1715-4.]
NOTES:
Rules of court: SPR 98.12W.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.80 - Estates of Absentees. › 11.80.050 - Allowance for support of dependents—Sale of property.

RCW 11.80.050
Allowance for support of dependents—Sale of property.
Whenever a petition is filed in said estate from which it appears to the satisfaction of the court that the owner of such property left a spouse or domestic partner, child or children, dependent upon such absentee for support or upon the property in the estate of such absentee, either in whole or in part, the court shall hold a hearing on said petition, after such notice as the court may direct, and upon such hearing shall enter such order as it deems advisable and may order an allowance to be paid out of any of the property of such estate, either community or separate, as the court shall deem reasonable and necessary for the support and maintenance of such dependent or dependents, pending the return of the absentee, or until such time as the property of said estate may be provisionally distributed to the presumptive heirs or to the devisees and legatees. Such allowance shall be paid by the trustee to such persons and in such manner and at such periods of time as the court may direct. For the purpose of carrying out the provisions of this section the court may direct the sale of any of the property of the estate, either real or personal, in accordance with the provisions of RCW 11.80.040.
[ 2008 c 6 § 933; 1965 c 145 § 11.80.050. Prior: 1925 ex.s. c 80 § 1; RRS § 1715-4a.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.80 - Estates of Absentees. › 11.80.055 - Continuation of absentee's business—Performance of absentee's contracts.

RCW 11.80.055
Continuation of absentee's business—Performance of absentee's contracts.
Upon a showing of advantage to the estate of the absentee, the court may authorize the trustee to continue any business of the absentee in accordance with the provisions of RCW 11.48.025. The trustee may also obtain an order allowing the performance of the absentee's contracts in accordance with the provisions of chapter 11.60 RCW.
[ 1965 c 145 § 11.80.055.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.80 - Estates of Absentees. › 11.80.060 - Removal or resignation of trustee—Final account.

RCW 11.80.060
Removal or resignation of trustee—Final account.
The court shall have the power to remove or to accept the resignation of such trustee and appoint another in his or her stead. At the termination of his or her trust, as hereinafter provided or in case of his or her resignation or removal, the trustee shall file a final account, which account shall be settled in the manner provided by law for settling the final accounts of personal representatives.
[ 2010 c 8 § 2081; 1965 c 145 § 11.80.060. Prior: 1915 c 39 § 5; RRS § 1715-5.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.80 - Estates of Absentees. › 11.80.070 - Period of trusteeship.

RCW 11.80.070
Period of trusteeship.
Such trusteeship shall continue until such time as the owner of such property shall return or shall appoint a duly authorized agent or attorney-in-fact to care for such property, or until such time as the property shall be provisionally distributed to the presumptive heirs, or to the devisees and legatees of the absentee as hereinafter provided, or until such time as the property shall escheat to the state as hereinafter provided.
[ 1965 c 145 § 11.80.070. Prior: 1915 c 39 § 6; RRS § 1715-6.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.80 - Estates of Absentees. › 11.80.080 - Provisional distribution—Notice of hearing—Will.

RCW 11.80.080
Provisional distribution—Notice of hearing—Will.
Whenever the owner of such property shall have been absent from the county for the space of five years and his or her whereabouts are unknown and cannot with reasonable diligence be ascertained, his or her presumptive heirs at law may apply to the court for an order of provisional distribution of such property, and to be let into provisional possession thereof: PROVIDED, That such provisional distribution may be made at any time prior to the expiration of five years, when it shall be made to appear to the satisfaction of the court that there are strong presumptions that the absentee is dead; and in determining the question of presumptive death, the court shall take into consideration the habits of the absentee, the motives of and the circumstances surrounding the absence, and the reasons which may have prevented the absentee from being heard of.
Notice of hearing upon application for provisional distribution shall be published in like manner as notices for the appointment of trustees are published.
If the absentee left a will in the possession of any person such person shall present such will at the time of hearing of the application for provisional distribution and if it shall be made to appear to the court that the absentee has left a will and the person in possession thereof shall fail to present it, a citation shall issue requiring him or her so to do, and such will shall be opened, read, proven, filed, and recorded in the case, as are the wills of decedents.
[ 2010 c 8 § 2082; 1965 c 145 § 11.80.080. Prior: 1915 c 39 § 7; RRS § 1715-7.]
NOTES:
Notice for appointment of trustees: RCW 11.80.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.80 - Estates of Absentees. › 11.80.090 - Hearing—Distribution—Bond of distributees.

RCW 11.80.090
Hearing—Distribution—Bond of distributees.
If it shall appear to the satisfaction of the court upon the hearing of the application for provisional distribution that the absentee has been absent and his or her whereabouts unknown for the space of five years, or there are strong presumptions that he or she is dead, the court shall enter an order directing that the property in the hands of the trustee shall be provisionally distributed to the presumptive heirs, or to the devisees and legatees under the will, as the case may be, upon condition that such heirs, devisees, and legatees respectively give and file in the court bonds with good and sufficient surety to be approved by the court, conditioned for the return of or accounting for the property provisionally distributed in case the absentee shall return and demand the same, which bonds shall be respectively in twice the amount of the value of the personal property distributed, and in ten times the amount of estimated annual rents, issues, and profits of any real property so provisionally distributed.
[ 2010 c 8 § 2083; 1965 c 145 § 11.80.090. Prior: 1915 c 39 § 8; RRS § 1715-8.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.80 - Estates of Absentees. › 11.80.100 - Final distribution—Notice of hearing—Decree.

RCW 11.80.100
Final distribution—Notice of hearing—Decree.
Whenever the owner of such property shall have been absent from the county for a space of seven years and his or her whereabouts are unknown and cannot with reasonable diligence be ascertained, his or her presumptive heirs at law or the legatees and devisees under the will, as the case may be, to whom the property has been provisionally distributed, may apply to the court for a decree of final distribution of such property and satisfaction, discharge and exoneration of the bonds given upon provisional distribution. Notice of hearing of such application shall be given in the same manner as notice of hearing of application for the appointment of trustee and for provisional distribution and if at the final hearing it shall appear to the satisfaction of the court that the owner of the property has been absent and unheard of for the space of seven years and his or her whereabouts are unknown, the court shall exonerate the bonds given on provisional distribution and enter a decree of final distribution, distributing the property to the presumptive heirs at law of the absentee or to his or her devisees and legatees, as the case may be.
[ 2010 c 8 § 2084; 1965 c 145 § 11.80.100. Prior: 1915 c 39 § 9; RRS § 1715-9.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.80 - Estates of Absentees. › 11.80.110 - Escheat for want of presumptive heirs.

RCW 11.80.110
Escheat for want of presumptive heirs.
Whenever the owner of such property for which a trustee has been appointed under the provisions of this chapter shall have been absent and unheard of for a period of seven years and no presumptive heirs at law have appeared and applied for the provisional distribution of such property and no will of the absentee has been presented and proven, the trustee appointed under the provisions of the chapter shall apply to the court for a final settlement of his or her account and upon the settlement of such final account the property of the absentee shall be escheated in the manner provided by law for escheating property of persons who die intestate leaving no heirs.
[ 2010 c 8 § 2085; 1965 c 145 § 11.80.110. Prior: 1915 c 39 § 10; RRS § 1715-10.]
NOTES:
Escheats: Chapter 11.08 RCW.
Revised uniform unclaimed property act: Chapter 63.30 RCW.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.80 - Estates of Absentees. › 11.80.120 - Personnel missing in action, interned, or captured construed as "absentee."

RCW 11.80.120
Personnel missing in action, interned, or captured construed as "absentee."
Any person serving in or with the armed forces of the United States, in or with the Red Cross, or in or with the merchant marine or otherwise, during any period of time when a state of hostilities exists between the United States and any other power and for one year thereafter, who has been reported or listed as missing in action, or interned in a neutral country, or captured by the enemy, shall be an "absentee" within the meaning of this chapter.
[ 1972 ex.s. c 83 § 2.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.80 - Estates of Absentees. › 11.80.130 - Summary procedure without full trustee proceeding—When permitted—Application for order—Form.

RCW 11.80.130
Summary procedure without full trustee proceeding—When permitted—Application for order—Form.
(1) If the spouse or domestic partner of any absentee owner, or his or her next of kin, if said absentee has no spouse or domestic partner, shall wish to sell or transfer any property of the absentee which has a gross value of less than five thousand dollars, or shall require the consent of the absentee in any matter regarding the absentee's children, or any other matter in which the gross value of the subject matter is less than five thousand dollars, such spouse or such domestic partner or next of kin may apply to the superior court for an order authorizing said sale, transfer, or consent without opening a full trustee proceeding as provided in this chapter. The applicant may make the application without the assistance of an attorney. Said application shall be made by petition on the following form, which form shall be made readily available to the applicant by the clerk of the superior court.
IN THE SUPERIOR COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF  . . . . . .
. . . .,









Plaintiff,
vs.
No.  . . . .
. . . .,
PETITION FOR
Defendant.
SUMMARY
. . . .
RELIEF
Petitioner,  . . . . . ., whose residence is  . . . . . . . . ., and  . . . . . . . . ., Washington, and who is the  . . . . . . of the absentee,  . . . . . ., states that the absentee has been  . . . . . . . . . since  . . . . . ., when  . . . . . . . . . Petitioner desires to sell/transfer  . . . . . . of the value of  . . . . . ., because  . . . . . . . . . The terms of the sale/transfer are  . . . . . . . . . Petitioner requires the consent of the absentee for the purpose of  . . . . . . . . .
. . . .
Petitioner
(Affidavit of Acknowledgment)
(2) The court may, without notice, enter an order on said petition if it deems the relief requested in said petition necessary to protect the best interests of the absentee or his or her dependents.
(3) Such order shall be prima facie evidence of the validity of the proceedings and the authority of the petitioner to make a conveyance or transfer of the property or to give the absentee's consent in any manner described by subsection (1) of this section.
[ 2008 c 6 § 926; 1972 ex.s. c 83 § 3.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.010 - Definitions.

RCW 11.84.010
Definitions.
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.
[ 2016 c 211 § 1; 2009 c 525 § 1; 1965 c 145 § 11.84.010. Prior: 1955 c 141 § 1.]
NOTES:
Short title—2016 c 211: "This act may be known and cited as Carol's law." [ 2016 c 211 § 3.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.020 - Slayer or abuser not to benefit from death.

RCW 11.84.020
Slayer or abuser not to benefit from death.
No slayer or abuser shall in any way acquire any property or receive any benefit as the result of the death of the decedent, but such property shall pass as provided in the sections following.
[ 2009 c 525 § 2; 1965 c 145 § 11.84.020. Prior: 1955 c 141 § 2.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.025 - Disposition of retirement system proceeds payable to slayer or abuser.

RCW 11.84.025
Disposition of retirement system proceeds payable to slayer or abuser.
Proceeds payable to a slayer or abuser as the beneficiary of any benefits flowing from one of the retirement systems listed in RCW 41.50.030, by virtue of the decedent's membership in the department of retirement systems or by virtue of the death of decedent, shall be paid instead as designated in RCW 41.04.273.
[ 2009 c 525 § 3; 1998 c 292 § 502.]
NOTES:
Application—Conflict with federal requirements—1998 c 292: See notes following RCW 41.04.273.
Effective dates—1998 c 292: See RCW 11.11.903.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.030 - Slayer or abuser deemed to predecease decedent.

RCW 11.84.030
Slayer or abuser deemed to predecease decedent.
The slayer or abuser shall be deemed to have predeceased the decedent as to property which would have passed from the decedent or his or her estate to the slayer or abuser under the statutes of descent and distribution or have been acquired by statutory right as surviving spouse or surviving domestic partner or under any agreement made with the decedent under the provisions of RCW 26.16.120 as it now exists or is hereafter amended.
[ 2009 c 525 § 4; 2008 c 6 § 624; 1965 c 145 § 11.84.030. Prior: 1955 c 141 § 3.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.040 - Distribution of decedent's property.

RCW 11.84.040
Distribution of decedent's property.
Property which would have passed to or for the benefit of the slayer or abuser by devise or legacy from the decedent shall be distributed as if he or she had predeceased the decedent.
[ 2009 c 525 § 5; 1965 c 145 § 11.84.040. Prior: 1955 c 141 § 4.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.050 - Distribution of property held jointly with slayer or abuser.

RCW 11.84.050
Distribution of property held jointly with slayer or abuser.
(1) One-half of any property held by the slayer or abuser and the decedent as joint tenants, joint owners or joint obligees shall pass upon the death of the decedent to his or her estate, and the other half shall pass to his or her estate upon the death of the slayer or abuser, unless the slayer or abuser obtains a separation or severance of the property or a decree granting partition.
(2) As to property held jointly by three or more persons, including the slayer or abuser and the decedent, any enrichment which would have accrued to the slayer or abuser as a result of the death of the decedent shall pass to the estate of the decedent. If the slayer or abuser becomes the final survivor, one-half of the property shall immediately pass to the estate of the decedent and the other half shall pass to his or her estate upon the death of the slayer or abuser, unless the slayer or abuser obtains a separation or severance of the property or a decree granting partition.
(3) The provisions of this section shall not affect any enforceable agreement between the parties or any trust arising because a greater proportion of the property has been contributed by one party than by the other.
[ 2009 c 525 § 6; 1965 c 145 § 11.84.050. Prior: 1955 c 141 § 5.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.060 - Reversion and vested remainder.

RCW 11.84.060
Reversion and vested remainder.
Property in which the slayer holds a reversion or vested remainder and would have obtained the right of present possession upon the death of the decedent shall pass to the estate of the decedent during the period of the life expectancy of decedent; if he or she held the particular estate or if the particular estate is held by a third person it shall remain in his or her hands for such period.
[ 2010 c 8 § 2086; 1965 c 145 § 11.84.060. Prior: 1955 c 141 § 6.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.070 - Property subject to divestment, etc.

RCW 11.84.070
Property subject to divestment, etc.
Any interest in property whether vested or not, held by the slayer or abuser, subject to be divested, diminished in any way or extinguished, if the decedent survives him or her or lives to a certain age, shall be held by the slayer or abuser during his or her lifetime or until the decedent would have reached such age, but shall then pass as if the decedent had died immediately thereafter.
[ 2009 c 525 § 7; 1965 c 145 § 11.84.070. Prior: 1955 c 141 § 7.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.080 - Contingent remainders and future interests.

RCW 11.84.080
Contingent remainders and future interests.
As to any contingent remainder or executory or other future interest held by the slayer or abuser, subject to become vested in him or her or increased in any way for him or her upon the condition of the death of the decedent:
(1) If the interest would not have become vested or increased if he or she had predeceased the decedent, he or she shall be deemed to have so predeceased the decedent;
(2) In any case the interest shall not be vested or increased during the period of the life expectancy of the decedent.
[ 2009 c 525 § 8; 1965 c 145 § 11.84.080. Prior: 1955 c 141 § 8.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.090 - Property appointed—Powers of revocation or appointment.

RCW 11.84.090
Property appointed—Powers of revocation or appointment.
(1) Property appointed by the will of the decedent to or for the benefit of the slayer or abuser shall be distributed as if the slayer or abuser had predeceased the decedent.
(2) Property held either presently or in remainder by the slayer or abuser, subject to be divested by the exercise by the decedent of a power of revocation or a general power of appointment shall pass to the estate of the decedent, and property so held by the slayer or abuser, subject to be divested by the exercise by the decedent of a power of appointment to a particular person or persons or to a class of persons, shall pass to such person or persons, or in equal shares to the members of such class of persons, exclusive of the slayer or abuser.
[ 2009 c 525 § 9; 1965 c 145 § 11.84.090. Prior: 1955 c 141 § 9.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.100 - Insurance proceeds.

RCW 11.84.100
Insurance proceeds.
(1) Insurance proceeds payable to the slayer or abuser as the beneficiary or assignee of any policy or certificate of insurance on the life of the decedent, or as the survivor of a joint life policy, shall be paid instead to the estate of the decedent, unless the policy or certificate designate some person other than the slayer or abuser or his or her estate as secondary beneficiary to him or her and in which case such proceeds shall be paid to such secondary beneficiary in accordance with the applicable terms of the policy.
(2) If the decedent is beneficiary or assignee of any policy or certificate of insurance on the life of the slayer or abuser, the proceeds shall be paid to the estate of the decedent upon the death of the slayer or abuser, unless the policy names some person other than the slayer or abuser or his or her estate as secondary beneficiary, or unless the slayer or abuser by naming a new beneficiary or assigning the policy performs an act which would have deprived the decedent of his or her interest in the policy if he or she had been living.
[ 2009 c 525 § 10; 1965 c 145 § 11.84.100. Prior: 1955 c 141 § 10.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.110 - Payment by insurance company, bank, etc.—No additional liability.

RCW 11.84.110
Payment by insurance company, bank, etc.—No additional liability.
Any insurance company making payment according to the terms of its policy or any bank or other person performing an obligation for the slayer or abuser as one of several joint obligees shall not be subjected to additional liability by the terms of this chapter if such payment or performance is made without written notice, at its home office or at an individual's home or business address, of the killing by a slayer or financial exploitation by an abuser.
[ 2009 c 525 § 11; 1965 c 145 § 11.84.110. Prior: 1955 c 141 § 11.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.120 - Rights of persons without notice dealing with slayer or abuser.

RCW 11.84.120
Rights of persons without notice dealing with slayer or abuser.
The provisions of this chapter shall not affect the rights of any person who, before the interests of the slayer or abuser have been adjudicated, purchases or has agreed to purchase, from the slayer or abuser for value and without notice property which the slayer or abuser would have acquired except for the terms of this chapter, but all proceeds received by the slayer or abuser from such sale shall be held by him or her in trust for the persons entitled to the property under the provisions of this chapter, and the slayer or abuser shall also be liable both for any portion of such proceeds which he or she may have dissipated and for any difference between the actual value of the property and the amount of such proceeds.
[ 2009 c 525 § 12; 1965 c 145 § 11.84.120. Prior: 1955 c 141 § 12.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.130 - Record of conviction as evidence against claimant of property.

RCW 11.84.130
Record of conviction as evidence against claimant of property.
Any record of conviction for having participated in the willful and unlawful killing of the decedent or for conduct constituting financial exploitation against the decedent, including but not limited to theft, forgery, fraud, identity theft, robbery, burglary, or extortion, shall be admissible in evidence against a claimant of property in any civil proceeding arising under this chapter.
[ 2009 c 525 § 13; 1965 c 145 § 11.84.130. Prior: 1955 c 141 § 13.]
NOTES:
Evidence, proof of public documents: Chapter 5.44 RCW; Rules of court: CR 44.