reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.140 - Waiver of notice.

RCW 11.96A.140
Waiver of notice.
Notwithstanding any other provision of this title, notice of a hearing does not need to be given to a legally competent person who has waived in writing notice of the hearing in person or by attorney, or who has appeared at the hearing without objecting to the lack of proper notice or personal jurisdiction. The waiver of notice may apply either to a specific hearing or to any and all hearings and proceedings to be held, in which event the waiver of notice is of continuing effect unless subsequently revoked by the filing of a written notice of revocation of the waiver and the mailing of a copy of the notice of revocation of the waiver to the other parties. Unless notice of a hearing is required to be given by publication, if all persons entitled to notice of the hearing waive the notice or appear at the hearing without objecting to the lack of proper notice or personal jurisdiction, the court may hear the matter immediately. A guardian of the estate or a guardian ad litem may make the waivers on behalf of the incapacitated person, and a trustee may make the waivers on behalf of any competent or incapacitated beneficiary of the trust. A consul or other representative of a foreign government, whose appearance has been entered as provided by law on behalf of any person residing in a foreign country, may make the waiver of notice on behalf of the person.
[ 1999 c 42 § 307.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.150 - Costs—Attorneys' fees.

RCW 11.96A.150
Costs—Attorneys' fees.
(1) Either the superior court or any court on an appeal may, in its discretion, order costs, including reasonable attorneys' fees, to be awarded to any party: (a) From any party to the proceedings; (b) from the assets of the estate or trust involved in the proceedings; or (c) from any nonprobate asset that is the subject of the proceedings. The court may order the costs, including reasonable attorneys' fees, to be paid in such amount and in such manner as the court determines to be equitable. In exercising its discretion under this section, the court may consider any and all factors that it deems to be relevant and appropriate, which factors may but need not include whether the litigation benefits the estate or trust involved.
(2) This section applies to all proceedings governed by this title, including but not limited to proceedings involving trusts, decedent's estates and properties, and guardianship matters. This section shall not be construed as being limited by any other specific statutory provision providing for the payment of costs, including RCW 11.68.070 and 11.24.050, unless such statute specifically provides otherwise. This section shall apply to matters involving guardians and guardians ad litem.
[ 2020 c 312 § 717; 2007 c 475 § 5; 1999 c 42 § 308.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.160 - Appointment of guardian ad litem.

RCW 11.96A.160
Appointment of guardian ad litem.
(1) The court, upon its own motion or upon request of one or more of the parties, at any stage of a judicial proceeding or at any time in a nonjudicial resolution procedure, may appoint a guardian ad litem to represent the interests of a minor, incapacitated, unborn, or unascertained person, person whose identity or address is unknown, or a designated class of persons who are not ascertained or are not in being. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(2) The court-appointed guardian ad litem supersedes the special representative if so provided in the court order.
(3) The court may appoint the guardian ad litem at an ex parte hearing, or the court may order a hearing as provided in RCW 11.96A.090 with notice as provided in this section and RCW 11.96A.110.
(4) The guardian ad litem is entitled to reasonable compensation for services. Such compensation is to be paid from the principal of the estate or trust whose beneficiaries are represented.
[ 1999 c 42 § 309.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.170 - Trial by jury.

RCW 11.96A.170
Trial by jury.
If a party is entitled to a trial by jury and a jury is demanded, and the issues are not sufficiently made up by the written pleadings on file, the court, on due notice, shall settle and frame the issues to be tried. If a jury is not demanded, the court shall try the issues, and sign and file its findings and decision in writing, as provided for in civil actions.
[ 1999 c 42 § 310.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.180 - Execution on judgments.

RCW 11.96A.180
Execution on judgments.
Judgment on the issues, as well as for costs, may be entered and enforced by execution or otherwise by the court as in civil actions.
[ 1999 c 42 § 311.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.190 - Execution upon trust income or vested remainder—Permitted, when.

RCW 11.96A.190
Execution upon trust income or vested remainder—Permitted, when.
Nothing in RCW 6.32.250 shall forbid execution upon the income of any trust created by a person other than the judgment debtor for debt arising through the furnishing of the necessities of life to the beneficiary of such trust; or as to such income forbid the enforcement of any order of the superior court requiring the payment of support for the children under the age of eighteen of any beneficiary; or forbid the enforcement of any order of the superior court subjecting the vested remainder of any such trust upon its expiration to execution for the debts of the remainderman.
[ 1999 c 42 § 312.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.200 - Appellate review.

RCW 11.96A.200
Appellate review.
An interested party may seek appellate review of a final order, judgment, or decree of the court respecting a judicial proceeding under this title. The review must be done in the manner and way provided by law for appeals in civil actions.
[ 1999 c 42 § 313.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.210 - Purpose.

RCW 11.96A.210
Purpose.
The purpose of RCW 11.96A.220 through 11.96A.250 is to provide a binding nonjudicial procedure to resolve matters through written agreements among the parties interested in the estate or trust. The procedure is supplemental to, and may not derogate from, any other proceeding or provision authorized by statute or the common law.
[ 1999 c 42 § 401.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.220 - Binding agreement.

RCW 11.96A.220
Binding agreement.
RCW 11.96A.210 through 11.96A.250 shall be applicable to the resolution of any matter, as defined by RCW 11.96A.030, other than matters subject to chapter 11.130 RCW, or a trust for a minor or other incapacitated person created at its inception by the judgment or decree of a court unless the judgment or decree provides that RCW 11.96A.210 through 11.96A.250 shall be applicable. If all parties agree to a resolution of any such matter, then the agreement shall be evidenced by a written agreement signed by all parties. Subject to the provisions of RCW 11.96A.240, the written agreement shall be binding and conclusive on all persons interested in the estate, trust, nonprobate asset, other property passing at death, or custodial property. The agreement shall identify the subject matter of the dispute and the parties. If the agreement or a memorandum of the agreement is to be filed with the court under RCW 11.96A.230, the agreement may, but need not, include provisions specifically addressing jurisdiction, governing law, the waiver of notice of the filing as provided in RCW 11.96A.230, and the discharge of any special representative who has acted with respect to the agreement.
If a party who virtually represents another under RCW 11.96A.120 signs the agreement, then the party's signature constitutes the signature of all persons whom the party virtually represents, and all the virtually represented persons shall be bound by the agreement.
[ 2021 c 140 § 4021; (2021 c 140 § 4020 expired January 1, 2022); 2020 c 312 § 718; 1999 c 42 § 402.]
NOTES:
Effective date—2021 c 140 § 4021: "Section 4021 of this act takes effect January 1, 2022." [ 2021 c 140 § 4029.]
Expiration date—2021 c 140 § 4020: "Section 4020 of this act expires January 1, 2022." [ 2021 c 140 § 4028.]
Effective dates—2020 c 312: See note following RCW 11.130.915.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.230 - Entry of agreement with court—Effect.

RCW 11.96A.230
Entry of agreement with court—Effect.
(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.
[ 2021 c 140 § 4022; 2001 c 14 § 2; 1999 c 42 § 403.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.240 - Judicial approval of agreement.

RCW 11.96A.240
Judicial approval of agreement.
Within thirty days of execution of the agreement by all parties, the special representative may note a hearing for presentation of the written agreement to a court of competent jurisdiction. The special representative shall provide notice of the time and date of the hearing to each party to the agreement whose address is known, unless such notice has been waived. Proof of mailing or delivery of the notice must be filed with the court. At such hearing the court shall review the agreement on behalf of the parties represented by the special representative. The court shall determine whether or not the interests of the represented parties have been adequately represented and protected, and an order declaring the court's determination shall be entered. If the court determines that such interests have not been adequately represented and protected, the agreement shall be declared of no effect.
[ 1999 c 42 § 404.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.260 - Findings—Intent.

RCW 11.96A.260
Findings—Intent.
The legislature finds that it is in the interest of the citizens of the state of Washington to encourage the prompt and early resolution of disputes in trust, estate, and nonprobate matters. The legislature endorses the use of dispute resolution procedures by means other than litigation. The legislature also finds that the former chapter providing for the nonjudicial resolution of trust, estate, and nonprobate disputes, *chapter 11.96 RCW, has resulted in the successful resolution of thousands of disputes since 1984. The nonjudicial procedure has resulted in substantial savings of public funds by removing those disputes from the court system. Enhancement of the statutory framework supporting the nonjudicial process in *chapter 11.96 RCW would be beneficial and would foster even greater use of nonjudicial dispute methods to resolve trust, estate, and nonprobate disputes. The legislature further finds that it would be beneficial to allow parties to disputes involving trusts, estates, and nonprobate assets to have access to a process for required mediation followed by arbitration using mediators and arbitrators experienced in trust, estate, and nonprobate matters. Finally, the legislature also believes it would be beneficial to parties with disputes in trusts, estates, and nonprobate matters to clarify and streamline the statutory framework governing the procedures governing these cases in the court system.
Therefore, the legislature adopts RCW 11.96A.270 through 11.96A.320, that enhance *chapter 11.96 RCW and allow required mediation and arbitration in disputes involving trusts, estates, and nonprobate matters that are brought to the courts. RCW 11.96A.270 through 11.96A.320 also set forth specific civil procedures for handling trust and estate disputes in the court system. It is intended that the adoption of RCW 11.96A.270 through 11.96A.320 will encourage and direct all parties in trust, estate, and nonprobate matter disputes, and the court system, to provide for expeditious, complete, and final decisions to be made in disputed trust, estate, and nonprobate matters.
[ 1999 c 42 § 501.]
NOTES:
*Reviser's note: Chapter 11.96 RCW was repealed by 1999 c 42 § 637, effective January 1, 2000.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.270 - Intent—Parties can agree otherwise.

RCW 11.96A.270
Intent—Parties can agree otherwise.
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.
[ 1999 c 42 § 502.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.280 - Scope.

RCW 11.96A.280
Scope.
A party may cause the matter to be presented for mediation and then arbitration, as provided under RCW 11.96A.260 through 11.96A.320. If a party causes the matter to be presented for resolution under RCW 11.96A.260 through 11.96A.320, then judicial resolution of the matter, as provided in RCW 11.96A.060 or by any other civil action, is available only by complying with the mediation and arbitration provisions of RCW 11.96A.260 through 11.96A.320.
[ 1999 c 42 § 503.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.290 - Superior court—Venue.

RCW 11.96A.290
Superior court—Venue.
As used in RCW 11.96A.260 through 11.96A.320, "superior court" means: (1) Before the commencement of any legal proceedings, the appropriate superior court with respect to the matter as provided in RCW 11.96A.040; and (2) if legal proceedings have been commenced with respect to the matter, the superior court in which the proceedings are pending.
[ 1999 c 42 § 504.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.320 - Petition for order compelling compliance.

RCW 11.96A.320
Petition for order compelling compliance.
If a party does not comply with any procedure of RCW 11.96A.260 through 11.96A.310, the other party or parties may petition the superior court for an order compelling compliance. A party obtaining an order compelling compliance is entitled to reimbursement of costs and attorneys' fees incurred in connection with: The petition and any other actions taken after the issuance of the order to compel compliance with the order, unless the court at the hearing on the petition determines otherwise for good cause shown. Reimbursement must be from the party or parties whose failure to comply was the basis for the petition.
[ 1999 c 42 § 507.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.902 - Effective date—1999 c 42.

RCW 11.96A.902
Effective date—1999 c 42.
This act takes effect January 1, 2000.
[ 1999 c 42 § 703.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.97 - Effect of Trust Instrument. › 11.97.010 - Power of trustor—Trust provisions control.

RCW 11.97.010
Power of trustor—Trust provisions control.
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.
[ 2021 c 140 § 3611; 2013 c 272 § 7; 2011 c 327 § 12; 2003 c 254 § 4; 1993 c 339 § 1; 1985 c 30 § 38. Prior: 1984 c 149 § 64; 1959 c 124 § 2. Formerly RCW 30.99.020.]
NOTES:
Effective date—2021 c 140 §§ 3101-3614: See RCW 11.95A.903.
Application—2013 c 272: See note following RCW 11.98.002.
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Severability—1993 c 339: See note following RCW 11.98.200.
Short title—Application—Purpose—Severability—1985 c 30:See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.97 - Effect of Trust Instrument. › 11.97.020 - Trust term interpretation and property disposition—Rules of construction.

RCW 11.97.020
Trust term interpretation and property disposition—Rules of construction.
The rules of construction that apply in this state to the interpretation of a will and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.
[ 2011 c 327 § 13.]
NOTES:
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.97 - Effect of Trust Instrument. › 11.97.900 - Application of chapter.

RCW 11.97.900
Application of chapter.
This chapter applies to the provisions of chapters 11.95A, 11.98, 11.100, and 11.104B RCW and to RCW 11.106.020.
[ 2021 c 140 § 3612; 2003 c 254 § 5; 1985 c 30 § 39. Prior: 1984 c 149 § 65.]
NOTES:
Effective date—2021 c 140 §§ 3101-3614: See RCW 11.95A.903.
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.002 - Definitions.

RCW 11.98.002
Definitions.
The definitions in this section apply throughout this chapter, and throughout this title where specifically referenced, unless the context clearly requires otherwise.
(1) "Permissible distributee" means a trust beneficiary who is currently eligible to receive distributions of trust income or principal, whether the distribution is mandatory or discretionary.
(2) "Qualified beneficiary" means a trust beneficiary who, on the date that such beneficiary's qualification is determined:
(a) Is a permissible distributee;
(b) Would be a permissible distributee if the interests of the distributees described in (a) of this subsection terminated on that date; or
(c) Would be a permissible distributee if the trust terminated on that date.
[ 2013 c 272 § 8.]
NOTES:
Application—2013 c 272: "Except as otherwise provided in this act:
(1) This act applies to all trusts created before, on, or after January 1, 2013;
(2) This act applies to all judicial proceedings concerning trusts commenced on or after January 1, 2013;
(3) An action taken before January 1, 2013, is not affected by this act; and
(4) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before January 1, 2013, that statute continues to apply to the right even if it has been repealed or superseded." [ 2013 c 272 § 28.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.008 - Trust creation—Methods.

RCW 11.98.008
Trust creation—Methods.
A trust may be created by:
(1) Transfer of property to another person as trustee during the trustor's lifetime or by will or other disposition taking effect upon the trustor's death;
(2) Declaration by the owner of property that the owner holds identifiable property as trustee; or
(3) Exercise of a power of appointment in favor of a trustee.
[ 2011 c 327 § 15.]
NOTES:
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.009 - Application of chapter.

RCW 11.98.009
Application of chapter.
Except as provided in this section, this chapter applies to express trusts executed by the trustor after June 10, 1959, and does not apply to resulting trusts, constructive trusts, business trusts where certificates of beneficial interest are issued to the beneficiary, investment trusts, voting trusts, trusts in the nature of mortgages or pledges, liquidation trusts, or trusts for the sole purpose of paying dividends, interest, interest coupons, salaries, wages, pensions or profits, trusts created in deposits in any financial institution pursuant to *chapter 30.22 RCW, unless any such trust which is created in writing incorporates this chapter in whole or in part.
[ 2011 c 327 § 14; 1985 c 30 § 40. Prior: 1984 c 149 § 67; 1983 c 3 § 49; 1959 c 124 § 1. Formerly RCW 30.99.010.]
NOTES:
*Reviser's note: Chapter 30.22 RCW was recodified as chapter 30A.22 RCW pursuant to 2014 c 37 § 4, effective January 5, 2015.
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.011 - Trust creation—Requirements.

RCW 11.98.011
Trust creation—Requirements.
(1) A trust is created only if:
(a) The trustor has capacity to create a trust;
(b) The trustor indicates an intention to create the trust;
(c) The trust has a definite beneficiary or is:
(i) A charitable trust;
(ii) A trust for the care of an animal, as provided in chapter 11.118 RCW; or
(iii) A trust for a noncharitable purpose, as provided in RCW 11.98.015;
(d) The trustee has duties to perform; and
(e) The same person is not the sole trustee and sole beneficiary.
(2) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.
(3) A power in a trustee to select a beneficiary from an indefinite class is valid, except to the extent that the trustee may distribute trust property to himself or herself. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.
[ 2011 c 327 § 16.]
NOTES:
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.012 - Trust creation—Other jurisdictions.

RCW 11.98.012
Trust creation—Other jurisdictions.
A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation or in the case of a revocable trust, at the time the trust became irrevocable:
(1) The trustor was domiciled, had a residence, or was a national;
(2) The trustee was domiciled or had a place of business; or
(3) Any trust property was located.
[ 2011 c 327 § 17.]
NOTES:
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.013 - Trust creation—Allowable purposes.

RCW 11.98.013
Trust creation—Allowable purposes.
A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve.
[ 2011 c 327 § 18.]
NOTES:
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.014 - Trust creation—Oral trusts.

RCW 11.98.014
Trust creation—Oral trusts.
Except as required by a statute other than this title, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear, cogent, and convincing evidence.
[ 2011 c 327 § 19.]
NOTES:
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.015 - Noncharitable trusts without ascertainable beneficiaries.

RCW 11.98.015
Noncharitable trusts without ascertainable beneficiaries.
Except as otherwise provided in chapter 11.118 RCW or by another statute, the following rules apply:
(1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for longer than the time period specified in RCW 11.98.130 as the period during which a trust cannot be deemed to violate the rule against perpetuities;
(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. Such person is considered to be a permissible distributee of the trust; and
(3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the trustor, if then living, otherwise to the trustor's successors in interest. Successors in interest include the beneficiaries under the trustor's will, if the trustor has a will, or, in the absence of an effective will provision, the trustor's heirs.
[ 2013 c 272 § 22; 2011 c 327 § 20.]
NOTES:
Application—2013 c 272: See note following RCW 11.98.002.
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.016 - Exercise of powers by co-trustees.

RCW 11.98.016
Exercise of powers by co-trustees.
(1) Any power vested in three or more trustees jointly may be exercised by a majority of such trustees; but no trustee who has not joined in exercising a power is liable to the beneficiaries or to others for the consequences of such exercise; nor is a dissenting trustee liable for the consequences of an act in which that trustee joins at the direction of the majority of the trustees, if that trustee expressed his or her dissent in writing to each of the co-trustees at or before the time of such joinder.
(2) Where two or more trustees are appointed to execute a trust and one or more of them for any reason does not accept the appointment or having accepted ceases to be a trustee, the survivor or survivors shall execute the trust and shall succeed to all the powers, duties and discretionary authority given to the trustees jointly.
(3) An individual trustee, with a co-trustee's consent, may, by a signed, written instrument, delegate any power, duty, or authority as trustee to that co-trustee. This delegation is effective upon delivery of the instrument to that co-trustee and may be revoked at any time by delivery of a similar signed, written instrument to that co-trustee. However, if a power, duty, or authority is expressly conferred upon only one trustee, it shall not be delegated to a co-trustee. If that power, duty, or authority is expressly excluded from exercise by a trustee, it shall not be delegated to the excluded trustee.
(4) If one trustee gives written notice to all other co-trustees of an action that the trustee proposes be taken, then the failure of any co-trustee to deliver a written objection to the proposal to the trustee, at the trustee's then address of record and within fifteen days from the date the co-trustee actually receives the notice, constitutes formal approval by the co-trustee, unless the co-trustee had previously given written notice that was unrevoked at the time of the trustee's notice, to that trustee that this fifteen-day notice provision is inoperative.
(5) As to any effective delegation made under subsection (3) of this section, a co-trustee has no liability for failure to participate in the administration of the trust.
Nothing in this section, however, otherwise excuses a co-trustee from liability for failure to participate in the administration of the trust and nothing in this section, including subsection (3) of this section, excuses a co-trustee from liability for the failure to attempt to prevent a breach of trust.
[ 1985 c 30 § 41. Prior: 1984 c 149 § 68; 1959 c 124 § 3. Formerly RCW 30.99.030.]
NOTES:
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.017 - Trusteeship—Accepting and declining—Powers without acceptance.

RCW 11.98.017
Trusteeship—Accepting and declining—Powers without acceptance.
(1) Except as otherwise provided in subsection (3) of this section, a person designated as trustee accepts the trusteeship:
(a) By substantially complying with a method of acceptance provided in the terms of the trust; or
(b) If the terms of the trust do not provide a method of acceptance or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.
(2) A person designated as trustee who has not yet accepted the trusteeship may decline the trusteeship by delivering a written declination of the trusteeship to the trustor or, if the trustor is deceased or is incapacitated, to a successor trustee, if any, and if none, to a qualified beneficiary.
(3) A person designated as trustee, without accepting the trusteeship, may:
(a) Act to preserve the trust property if, within a reasonable time after acting, the person sends a written declination of the trusteeship to the trustor or, if the trustor is dead or is incapacitated, to a successor trustee, if any, and if none, to a qualified beneficiary; and
(b) Inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.
[ 2013 c 272 § 10.]
NOTES:
Application—2013 c 272: See note following RCW 11.98.002.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.019 - Relinquishment of powers by trustee.

RCW 11.98.019
Relinquishment of powers by trustee.
Any trustee may, by written instrument delivered to any then acting co-trustee and to the permissible distributees of the trust, relinquish to any extent and upon any terms any or all of the trustee's powers, rights, authorities, or discretions that are or may be tax sensitive in that they cause or may cause adverse tax consequences to the trustee or the trust. Any trustee not relinquishing such a power, right, authority, or discretion and upon whom it is conferred continues to have full power to exercise it.
[ 2013 c 272 § 11; 1985 c 30 § 42. Prior: 1984 c 149 § 69.]
NOTES:
Application—2013 c 272: See note following RCW 11.98.002.
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.029 - Resignation of trustee.

RCW 11.98.029
Resignation of trustee.
Any trustee may resign, without judicial proceedings, by a writing signed by the trustee and filed with the trust records, to be effective upon the trustee's discharge as provided in RCW 11.98.041.
[ 1989 c 10 § 3. Prior: 1985 c 30 § 43; prior: 1959 c 124 § 4. Formerly RCW 30.99.040.]
NOTES:
Intent—1989 c 10 § 3: "It is the intent of the legislature that RCW 11.98.029 be restored to full force and effect." [ 1989 c 10 § 2.]
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.041 - Change of trustee—Discharge of outgoing trustee, when.

RCW 11.98.041
Change of trustee—Discharge of outgoing trustee, when.
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.
[ 2013 c 272 § 13; 1985 c 30 § 141.]
NOTES:
Application—2013 c 272: See note following RCW 11.98.002.
Short title—Application—Purpose—Severability—1985 c 30:See RCW 11.02.900 through 11.02.903.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.045 - Criteria for transfer of trust assets or administration.

RCW 11.98.045
Criteria for transfer of trust assets or administration.
(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).
[ 2013 c 272 § 14; 2011 c 327 § 23; 1985 c 30 § 45. Prior: 1984 c 149 § 74.]
NOTES:
*Reviser's note: RCW 30.08.150 was recodified as RCW 30A.08.150 pursuant to 2014 c 37 § 4 and amended by 2014 c 37 § 167, deleting subsection (9), effective January 5, 2015.
Application—2013 c 272: See note following RCW 11.98.002.
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Short title—Application—Purpose—Severability—1985 c 30:See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.051 - Nonjudicial transfer of trust assets or administration—Notice—Consent required.

RCW 11.98.051
Nonjudicial transfer of trust assets or administration—Notice—Consent required.
(1) The trustee may transfer trust situs (a) in accordance with RCW 11.96A.220; or (b) by giving written notice to the attorney general in the case of a charitable trust subject to chapter 11.110 RCW and to the qualified beneficiaries not less than sixty days before initiating the transfer. The notice must:
(a) State the name and mailing address of the trustee;
(b) Include a copy of the governing instrument of the trust;
(c) Include a statement of assets and liabilities of the trust dated within ninety days of the notice;
(d) State the name and mailing address of the trustee to whom the trust will be transferred together with evidence that the trustee has agreed to accept the trust in the manner provided by law of the new situs. The notice must also contain a statement of the trustee's qualifications and the name of the court, if any, having jurisdiction of that trustee or in which a proceeding with respect to the administration of the trust may be heard;
(e) State the facts supporting the requirements of RCW 11.98.045(2);
(f) Advise the recipients of the notice of the date, not less than sixty days after the giving of the notice, by which such recipients must notify the trustee of an objection to the proposed transfer; and
(g) Include a form on which the recipient may object to the proposed transfer.
(2) If the date upon which the right to object to the transfer expires without receipt by the trustee of any objection, the trustee may transfer the trust situs as provided in the notice. If the trust was registered under RCW 11.98.045(2), the trustee must file a notice of transfer of situs and termination of registration with the court of the county where the trust was registered.
(3) The authority of a trustee under this section to transfer a trust's situs terminates if a recipient of the notice notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.
(4) A change of trust situs does not authorize a change of trustee. Change of trustee of a trust requires compliance with RCW 11.98.039.
[ 2013 c 272 § 15; 2011 c 327 § 24; 1999 c 42 § 619; 1985 c 30 § 46. Prior: 1984 c 149 § 75.]
NOTES:
Application—2013 c 272: See note following RCW 11.98.002.
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Effective date—1999 c 42: See RCW 11.96A.902.
Short title—Application—Purpose—Severability—1985 c 30:See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.055 - Judicial transfer of situs of trusts.

RCW 11.98.055
Judicial transfer of situs of trusts.
(1) Any trustee, beneficiary, or beneficiary representative may petition the superior court of the county of the situs of the trust for a transfer of the situs of a trust in accordance with RCW 11.96A.080 through 11.96A.200.
(2) At the conclusion of the hearing, if the court finds the requirements of RCW 11.98.045(2) have been satisfied, it may direct the transfer of the situs of a trust on such terms and conditions as it deems appropriate. The court in its discretion may provide for payment from the trust of reasonable fees and expenses for any party to the proceeding. Delivery of trust assets in accordance with the court's order is a full discharge of the trustee's duties in relation to all transferred property.
(3) A change of trust situs does not authorize a change of trustee. Change of trustee of a trust requires compliance with RCW 11.98.039.
[ 2011 c 327 § 25; 1999 c 42 § 620; 1985 c 30 § 47. Prior: 1984 c 149 § 76.]
NOTES:
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Effective date—1999 c 42: See RCW 11.96A.902.
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.060 - Power of successor trustee.

RCW 11.98.060
Power of successor trustee.
A successor trustee of a trust shall succeed to all the powers, duties and discretionary authority of the original trustee.
[ 1985 c 30 § 48. Prior: 1959 c 124 § 6. Formerly RCW 30.99.060.]
NOTES:
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.065 - Change in form of corporate trustee.

RCW 11.98.065
Change in form of corporate trustee.
Any appointment of a specific bank, trust company, or corporation as trustee is conclusively presumed to authorize the appointment or continued service of that entity's successor in interest in the event of a merger, acquisition, or reorganization, and no court proceeding is necessary to affirm the appointment or continuance of service.
[ 1985 c 30 § 49. Prior: 1984 c 149 § 78.]
NOTES:
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.071 - Trustee's delegation of duties.

RCW 11.98.071
Trustee's delegation of duties.
(1) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:
(a) Selecting a delegate;
(b) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust;
(c) Periodically reviewing the delegate's actions in order to monitor the delegate's performance and compliance with the terms of the delegation; and
(d) Enforcing the delegate's duties under the terms of the delegation.
(2) In performing a delegated function, in addition to any other duty inherent in the delegation, a delegate owes a duty to the trustee to exercise reasonable care to comply with the terms of the delegation.
(3) A trustee who complies with subsection (1) of this section is not liable to the beneficiaries or to the trust for an action of the delegate to whom the function was delegated. Nothing in this section relieves the trustee from any existing duty to compel the delegate to account for the delegate's actions.
(4) By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this state, a delegate submits to the jurisdiction of the courts of this state.
(5) A delegation among co-trustees is governed by RCW 11.98.016.
[ 2015 c 115 § 3.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.072 - Trustee—Notification requirements.

RCW 11.98.072
Trustee—Notification requirements.
(1) A trustee must keep all qualified beneficiaries of a trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee must promptly respond to any beneficiary's request for information related to the administration of the trust. The trustee is deemed to have satisfied the request of a qualified beneficiary who requests information concerning the terms of the trust reasonably necessary to enable such beneficiary to enforce his or her rights under the trust if the trustee provides a copy of the entire trust instrument. If a qualified beneficiary must compel production of information from the trustee by order of the court, then the court may order costs, including reasonable attorneys' fees, to be awarded to such beneficiary pursuant to RCW 11.96A.150.
(2)(a) Except to the extent waived or modified as provided in subsection (5) of this section, within sixty days after the date of acceptance of the position of trustee, the trustee must give notice to the qualified beneficiaries of the trust of:
(i) The existence of the trust;
(ii) The identity of the trustor or trustors;
(iii) The trustee's name, address, and telephone number; and
(iv) The right to request such information as is reasonably necessary to enable the notified person to enforce his or her rights under the trust.
(b) The notice required under this subsection (2) applies only to irrevocable trusts created after December 31, 2011, and revocable trusts that become irrevocable after December 31, 2011.
(3) Despite any other provision of this section, and except to the extent waived or modified as provided in subsection (5) of this section, the trustee may not be required to provide any information described in subsection (1) or (2) of this section to any beneficiary of a trust other than the trustor's spouse or domestic partner if:
(a) Such spouse or domestic partner has capacity;
(b) Such spouse or domestic partner is the only permissible distributee of the trust; and
(c) All of the other qualified beneficiaries of the trust are the descendants of the trustor and the trustor's spouse or domestic partner.
(4) While the trustor of a revocable trust is living, no beneficiary other than the trustor is entitled to receive any information under this section.
(5) The trustor may waive or modify the notification requirements of subsections (2) and (3) of this section in the trust document or in a separate writing, made at any time, that is delivered to the trustee.
[ 2013 c 272 § 16.]
NOTES:
Application—2013 c 272: See note following RCW 11.98.002.