reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.20 - Custody, Proof, and Probate of Wills. › 11.20.040 - Proof where one or more witnesses are unable or incompetent to testify, or absent from state.

RCW 11.20.040
Proof where one or more witnesses are unable or incompetent to testify, or absent from state.
The subsequent incompetency from whatever cause of one or more of the subscribing witnesses, or their inability to testify in open court or pursuant to commission, or their absence from the state, shall not prevent the probate of the will. In such cases the court shall admit the will to probate upon satisfactory testimony that the handwriting of the testator and of an incompetent or absent subscribing witness is genuine or the court may consider such other facts and circumstances, if any, as would tend to prove such will.
[ 1967 c 168 § 5; 1965 c 145 § 11.20.040. Prior: 1945 c 39 § 1; 1943 c 219 § 1; 1917 c 156 § 12; Rem. Supp. 1945 § 1382; prior: Code 1881 § 1353; 1863 p 213 §§ 89, 90; 1860 p 175 §§ 56, 57.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.20 - Custody, Proof, and Probate of Wills. › 11.20.050 - Recording of wills.

RCW 11.20.050
Recording of wills.
All wills filed with the clerk of the superior court must be noted in the record required to be kept under RCW 36.23.030(7). They may be withdrawn from the record on the order of the court.
[ 2002 c 271 § 1; 1967 c 168 § 17; 1965 c 145 § 11.20.050. Prior: 1915 c 156 § 13; RRS § 1383; prior: Code 1881 § 1356; 1863 p 213 § 92; 1860 p 175 § 59.]
NOTES:
Clerk to keep record of wills: RCW 36.23.030(7).
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.20 - Custody, Proof, and Probate of Wills. › 11.20.060 - Record of will as evidence.

RCW 11.20.060
Record of will as evidence.
The record of any will made, probated and recorded as herein provided, and the exemplification of such record by the clerk in whose custody the same may be, shall be received as evidence, and shall be as effectual in all cases as the original would be if produced and proven.
[ 1965 c 145 § 11.20.060. Prior: 1917 c 156 § 14; RRS § 1384; prior: 1891 p 382 § 7; Code 1881 § 1358; 1863 p 213 § 94; 1860 p 175 § 61.]
NOTES:
Certified copies of recorded instruments as evidence: RCW 5.44.060.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.20 - Custody, Proof, and Probate of Wills. › 11.20.070 - Proof of lost or destroyed will.

RCW 11.20.070
Proof of lost or destroyed will.
(1) If a will has been lost or destroyed under circumstances such that the loss or destruction does not have the effect of revoking the will, or is an electronic will, custody of which has not been maintained by a qualified custodian, the court may take proof of the execution and validity of the will and establish it, notice to all persons interested having been first given. The proof must be reduced to writing and signed by any witnesses who have testified as to the execution and validity, and must be filed with the clerk of the court.
(2) The provisions of a lost or destroyed will, or an electronic will, custody of which has not been maintained by a qualified custodian, must be proved by clear, cogent, and convincing evidence, consisting at least in part of a witness to either its contents or the authenticity of a copy of the will.
(3) When a lost or destroyed will, or an electronic will, custody of which has not been maintained by a qualified custodian, is established under subsections (1) and (2) of this section, its provisions must be distinctly stated in the judgment establishing it, and the judgment must be recorded as wills are required to be recorded. A personal representative may be appointed by the court in the same manner as is herein provided with reference to original wills presented to the court for probate.
[ 2021 c 140 § 1016; 1994 c 221 § 20; 1965 c 145 § 11.20.070. Prior: 1955 c 205 § 1; 1917 c 156 § 20; RRS § 1390; prior: Code 1881 § 1367; 1860 p 177 § 70.]
NOTES:
Effective date—2021 c 140 §§ 1001-1016: See note following RCW 11.12.400.
Effective dates—1994 c 221: See note following RCW 11.100.035.
Replacement of lost or destroyed probate records: RCW 5.48.060.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.20 - Custody, Proof, and Probate of Wills. › 11.20.080 - Restraint of personal representative during pendency of application to prove lost or destroyed will.

RCW 11.20.080
Restraint of personal representative during pendency of application to prove lost or destroyed will.
If, before or during the pendency of an application to prove a lost or destroyed will, letters of administration shall have been granted on the estate of the testator, or letters testamentary of any previous will of the testator shall have been granted, the court shall have authority to restrain the personal representatives so appointed, from any acts or proceedings which would be injurious to the legatees or devisees claiming under the lost or destroyed will.
[ 1965 c 145 § 11.20.080. Prior: 1917 c 156 § 21; RRS § 1391; prior: Code 1881 § 1369; 1863 p 215 § 105; 1860 p 177 § 72.]
NOTES:
Replacement of lost or destroyed probate records: RCW 5.48.060.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.20 - Custody, Proof, and Probate of Wills. › 11.20.090 - Admission to probate of foreign will.

RCW 11.20.090
Admission to probate of foreign will.
Wills probated in any other state or territory of the United States, or in any foreign country or state, shall be admitted to probate in this state on the production of a copy of such will and of the original record of probate thereof, certified by the attestation of the clerk of the court in which such probation was made; or if there be no clerk, certification by the attestation of the judge thereof, and by the seal of such officers, if they have a seal.
[ 1977 ex.s. c 234 § 3; 1965 c 145 § 11.20.090. Prior: 1917 c 156 § 22; RRS § 1392; prior: Code 1881 § 1370; 1877 p 284 § 1.]
NOTES:
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.20 - Custody, Proof, and Probate of Wills. › 11.20.100 - Laws applicable to foreign wills.

RCW 11.20.100
Laws applicable to foreign wills.
All provisions of law relating to the carrying into effect of domestic wills after probate thereof shall, so far as applicable, apply to foreign wills admitted to probate in this state.
[ 1965 c 145 § 11.20.100. Prior: 1917 c 156 § 23; RRS § 1393; prior: Code 1881 § 1371; 1877 p 284 § 2.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.24 - Will Contests. › 11.24.010 - Contest of probate or rejection—Limitation of action—Issues.

RCW 11.24.010
Contest of probate or rejection—Limitation of action—Issues.
If any person interested in any will shall appear within four months immediately following the probate or rejection thereof, and by petition to the court having jurisdiction contest the validity of said will, or appear to have the will proven which has been rejected, he or she shall file a petition containing his or her objections and exceptions to said will, or to the rejection thereof. Issues respecting the competency of the deceased to make a last will and testament, or respecting the execution by a deceased of the last will and testament under restraint or undue influence or fraudulent representations, or for any other cause affecting the validity of the will or a part of it, shall be tried and determined by the court.
For the purpose of tolling the four-month limitations period, a contest is deemed commenced when a petition is filed with the court and not when served upon the personal representative. The petitioner shall personally serve the personal representative within ninety days after the date of filing the petition. If, following filing, service is not so made, the action is deemed to not have been commenced for purposes of tolling the statute of limitations.
If no person files and serves a petition within the time under this section, the probate or rejection of such will shall be binding and final.
[ 2007 c 475 § 4; 1994 c 221 § 21; 1971 c 7 § 1; 1967 c 168 § 6; 1965 c 145 § 11.24.010. Prior: 1917 c 156 § 15; RRS § 1385; prior: 1891 p 382 § 8; Code 1881 § 1360; 1863 p 213 § 96; 1860 p 176 § 63.]
NOTES:
Effective dates—1994 c 221: See note following RCW 11.100.035.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.24 - Will Contests. › 11.24.020 - Filing of will contest petition—Notice.

RCW 11.24.020
Filing of will contest petition—Notice.
Upon the filing of the petition referred to in RCW 11.24.010, notice shall be given as provided in RCW 11.96A.100 to the executors who have taken upon themselves the execution of the will, or to the administrators with the will annexed, to all legatees named in the will or to their guardians if any of them are minors, or their personal representatives if any of them are dead, and to all persons interested in the matter, as defined in *RCW 11.96A.030(5).
[ 2006 c 360 § 9; 1965 c 145 § 11.24.020. Prior: 1917 c 156 § 16; RRS § 1386; prior: 1891 p 382 § 9; Code 1881 § 1361; 1863 p 214 § 97; 1860 p 176 § 64.]
NOTES:
*Reviser's note: RCW 11.96A.030 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (5) to subsection (6).
Clarification of laws—Enforceability of act—Severability—2006 c 360: See notes following RCW 11.108.070.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.24 - Will Contests. › 11.24.030 - Burden of proof.

RCW 11.24.030
Burden of proof.
In any such contest proceedings the previous order of the court probating, or refusing to probate, such will shall be prima facie evidence of the legality of such will, if probated, or its illegality, if rejected, and the burden of proving the illegality of such will, if probated, or the legality of such will, if rejected by the court, shall rest upon the person contesting such probation or rejection of the will.
[ 1965 c 145 § 11.24.030. Prior: 1917 c 156 § 17; RRS § 1387.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.24 - Will Contests. › 11.24.040 - Revocation of probate.

RCW 11.24.040
Revocation of probate.
If, upon the trial of said issue, it shall be decided that the will or a part of it is for any reason invalid, or that it is not sufficiently proved to have been the last will of the testator, the will or part and probate thereof shall be annulled and revoked and to that extent the powers of the personal representative shall cease, but the personal representative shall not be liable for any act done in good faith previous to such annulling or revoking.
[ 1994 c 221 § 22; 1965 c 145 § 11.24.040. Prior: 1917 c 156 § 18; RRS § 1388; prior: Code 1881 § 1364; 1863 p 214 § 100; 1860 p 177 § 67.]
NOTES:
Effective dates—1994 c 221: See note following RCW 11.100.035.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.24 - Will Contests. › 11.24.050 - Costs.

RCW 11.24.050
Costs.
If the probate be revoked or the will annulled, assessment of costs shall be in the discretion of the court. If the will be sustained, the court may assess the costs against the contestant, including, unless it appears that the contestant acted with probable cause and in good faith, such reasonable attorney's fees as the court may deem proper.
[ 1965 c 145 § 11.24.050. Prior: 1917 c 156 § 19; RRS § 1389; prior: Code 1881 § 1366; 1860 p 177 § 69.]
NOTES:
Rules of court: SPR 98.12W.
Personal representative
allowance of necessary expenses: RCW 11.48.050.
compensation—Attorney's fee: RCW 11.48.210.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.010 - Letters to executors—Refusal to serve—Disqualification.

RCW 11.28.010
Letters to executors—Refusal to serve—Disqualification.
After the entry of an order admitting a will to probate and appointing a personal representative, or personal representatives, letters testamentary shall be granted to the persons therein appointed executors. If a part of the persons thus appointed refuse to act, or be disqualified, the letters shall be granted to the other persons appointed therein. If all such persons refuse to act, letters of administration with the will annexed shall be granted to the person to whom administration would have been granted if there had been no will.
[ 1974 ex.s. c 117 § 28; 1965 c 145 § 11.28.010. Prior: 1917 c 156 § 47; RRS § 1417; prior: Code 1881 § 1372; 1863 p 217 § 106; 1860 p 179 § 73.]
NOTES:
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 11.28 - Letters Testamentary and of Administration. › 11.28.020 - Objections to appointment.

RCW 11.28.020
Objections to appointment.
Any person interested in a will may file objections in writing to the granting of letters testamentary to the persons named as executors, or any of them, and the objection shall be heard and determined by the court.
[ 1965 c 145 § 11.28.020. Prior: 1917 c 156 § 47; RRS § 1417; prior: Code 1881 § 1372; 1863 p 217 § 106; 1860 p 179 § 73.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.030 - Community property—Who entitled to letters—Waiver.

RCW 11.28.030
Community property—Who entitled to letters—Waiver.
A surviving spouse or surviving domestic partner shall be entitled to administer upon the community property, notwithstanding any provisions of the will to the contrary, if the court find such spouse or such domestic partner to be otherwise qualified; but if such surviving spouse or surviving domestic partner do not make application for such appointment within forty days immediately following the death of the deceased spouse or deceased domestic partner, he or she shall be considered as having waived his or her right to administer upon such community property. If any person, other than the surviving spouse or surviving domestic partner, make application for letters testamentary on such property, prior to the expiration of such forty days, then the court, before making any such appointment, shall require notice of such application to be given the said surviving spouse or surviving domestic partner, for such time and in such manner as the court may determine, unless such applicant show to the satisfaction of the court that there is no surviving spouse or surviving domestic partner or that he or she has in writing waived the right to administer upon such community property.
[ 2008 c 6 § 913; 1965 c 145 § 11.28.030. Prior: 1917 c 156 § 49; RRS § 1419.]
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 11.28 - Letters Testamentary and of Administration. › 11.28.040 - Procedure during minority or absence of executor.

RCW 11.28.040
Procedure during minority or absence of executor.
If the executor be a minor or absent from the state, letters of administration with the will annexed shall be granted, during the time of such minority or absence, to some other person unless there be another executor who shall accept the trust, in which case the estate shall be administered by such other executor until the disqualification shall be removed, when such minor, having arrived at full age, or such absentee, having returned, shall be admitted as joint executor with the former, provided a nonresident of this state may qualify as provided in RCW 11.36.010.
[ 1965 c 145 § 11.28.040. Prior: 1917 c 156 § 50; RRS § 1420; prior: Code 1881 § 1374; 1863 p 217 § 108; 1860 p 180 § 75.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.050 - Powers of remaining executors on removal of associate.

RCW 11.28.050
Powers of remaining executors on removal of associate.
When any of the executors named shall not qualify or having qualified shall become disqualified or be removed, the remaining executor or executors shall have the authority to perform every act and discharge every trust required by the will, and their acts shall be effectual for every purpose.
[ 1965 c 145 § 11.28.050. Prior: 1917 c 156 § 54; RRS § 1424; prior: Code 1881 § 1372; 1854 p 268 § 5.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.060 - Administration with will annexed on death of executor.

RCW 11.28.060
Administration with will annexed on death of executor.
No executor of an executor shall, as such, be authorized to administer upon the estate of the first testator, but on the death of the sole or surviving executor of any last will, letters of administration with the will annexed, on the estate of the first testator left unadministered, shall be issued.
[ 1965 c 145 § 11.28.060. Prior: 1917 c 156 § 53; RRS § 1423; prior: Code 1881 § 1379; 1863 p 218 § 113; 1860 p 180 § 80.]
NOTES:
Executor of executor may not sue for estate of first testator: RCW 11.48.190.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.070 - Authority of administrator with will annexed.

RCW 11.28.070
Authority of administrator with will annexed.
Administrators with the will annexed shall have the same authority as the executor named in the will would have had, and their acts shall be as effectual for every purpose: PROVIDED, That they shall not lease, mortgage, pledge, exchange, sell, or convey any real or personal property of the estate except under order of the court and pursuant to procedure under existing laws pertaining to the administration of estates in cases of intestacy, unless the powers expressed in the will are directory and not discretionary, or said administrator with will annexed shall have obtained nonintervention powers as provided in chapter 11.68 RCW.
[ 1974 ex.s. c 117 § 25; 1965 c 145 § 11.28.070. Prior: 1955 c 205 § 3; 1917 c 156 § 55; RRS § 1425; prior: Code 1881 § 1381; 1860 p 180 § 82.]
NOTES:
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 11.28 - Letters Testamentary and of Administration. › 11.28.090 - Execution and form of letters testamentary.

RCW 11.28.090
Execution and form of letters testamentary.
Letters testamentary to be issued to executors under the provisions of this chapter shall be signed by the clerk, and issued under the seal of the court, and may be in the following form:
State of Washington, county of . . . . . .
In the superior court of the county of . . . . . .
Whereas, the last will of A B, deceased, was, on the . . . . day of . . . . . . , A.D. (year) . . . ., duly exhibited, proven, and recorded in our said superior court; and whereas, it appears in and by said will that C D is appointed executor thereon, and, whereas, said C D has duly qualified, now, therefore, know all persons by these presents, that we do hereby authorize the said C D to execute said will according to law.
Witness my hand and the seal of said court this . . . . day of . . . . . ., A.D. (year) . . . .
[ 2016 c 202 § 6; 2009 c 549 § 1004; 1965 c 145 § 11.28.090. Prior: (i) 1917 c 156 § 56; RCW 11.28.080; RRS § 1426; prior: Code 1881 § 1382; 1863 p 218 § 116; 1860 p 181 § 83. (ii) 1917 c 156 § 59; RRS § 1429; prior: Code 1881 § 1386; 1863 p 219 § 120; 1860 p 181 § 87.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.100 - Form of letters with will annexed.

RCW 11.28.100
Form of letters with will annexed.
Letters of administration with the will annexed shall be in substantially the same form as provided for letters testamentary.
[ 1965 c 145 § 11.28.100. Prior: 1917 c 156 § 60; RRS § 1430; prior: Code 1881 § 1387; 1863 p 219 § 121.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.110 - Application for letters of administration or adjudication of intestacy and heirship.

RCW 11.28.110
Application for letters of administration or adjudication of intestacy and heirship.
Application for letters of administration, or, application for an adjudication of intestacy and heirship without the issuance of letters of administration shall be made by petition in writing, signed and verified by the applicant or his or her attorney, and filed with the court, which petition shall set forth the facts essential to giving the court jurisdiction of the case, and state, if known, the names, ages and addresses of the heirs of the deceased and that the deceased died without a will. If the application for an adjudication of intestacy and heirship does not request the appointment of a personal representative and the court enters an adjudication of intestacy no further administration shall be required except as set forth in RCW 11.28.330 or 11.28.340.
[ 2010 c 8 § 2017; 1977 ex.s. c 234 § 4; 1974 ex.s. c 117 § 29; 1965 c 145 § 11.28.110. Prior: 1917 c 156 § 62; RRS § 1432; prior: Code 1881 § 1389; 1863 p 220 § 123; 1860 p 182 § 90.]
NOTES:
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
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 11.28 - Letters Testamentary and of Administration. › 11.28.120 - Persons entitled to letters.

RCW 11.28.120
Persons entitled to letters.
Administration of an estate if the decedent died intestate or if the personal representative or representatives named in the will declined or were unable to serve shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order:
(1) The surviving spouse or state registered domestic partner, or such person as he or she may request to have appointed.
(2) The next of kin in the following order: (a) Child or children; (b) father or mother; (c) brothers or sisters; (d) grandchildren; (e) nephews or nieces.
(3) The trustee named by the decedent in an inter vivos trust instrument, testamentary trustee named in the will, guardian of the decedent, conservator of the decedent, or an agent named in a durable power of attorney appointed by the decedent, if any such a fiduciary controlled or potentially controlled substantially all of the decedent's probate and nonprobate assets.
(4) One or more of the beneficiaries or transferees of the decedent's probate or nonprobate assets.
(5)(a) The director of revenue, or the director's designee, for those estates having property subject to the provisions of chapter 11.08 RCW; however, the director may waive this right.
(b) The secretary of the department of social and health services for those estates owing debts for long-term care services as defined in *RCW 74.39A.008; however the secretary may waive this right.
(6) One or more of the principal creditors.
(7) If the persons so entitled shall fail for more than forty days after the death of the decedent to present a petition for letters of administration, or if it appears to the satisfaction of the court that there is no next of kin, as above specified eligible to appointment, or they waive their right, and there are no principal creditor or creditors, or such creditor or creditors waive their right, then the court may appoint a contract service provider with the office of public guardianship and conservatorship under chapter 2.72 RCW or any suitable person to administer such estate.
[ 2020 c 312 § 405; 2019 c 215 § 5; 2007 c 156 § 28; 1995 1st sp.s. c 18 § 61; 1994 c 221 § 23; 1985 c 133 § 1; 1965 c 145 § 11.28.120. Prior: 1927 c 76 § 1; 1917 c 156 § 61; RRS § 1431; prior: Code 1881 § 1388; 1863 p 219 § 122; 1860 p 181 § 89.]
NOTES:
*Reviser's note: RCW 74.39A.008 was repealed by 1997 c 392 § 530.
Effective dates—2020 c 312: See note following RCW 11.130.915.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective dates—1994 c 221: See note following RCW 11.100.035.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.131 - Hearing on petition—Appointment—Issuance of letters—Notice to surviving spouse or surviving domestic partner.

RCW 11.28.131
Hearing on petition—Appointment—Issuance of letters—Notice to surviving spouse or surviving domestic partner.
When a petition for general letters of administration or for letters of administration with the will annexed shall be filed, the matter may be heard forthwith, appointment made and letters of administration issued: PROVIDED, That if there be a surviving spouse or surviving domestic partner and a petition is presented by anyone other than the surviving spouse or surviving domestic partner, or any person designated by the surviving spouse or surviving domestic partner to serve as personal representative on his or her behalf, notice to the surviving spouse or surviving domestic partner shall be given of the time and place of such hearing at least ten days before the hearing, unless the surviving spouse or surviving domestic partner shall waive notice of the hearing in writing filed in the cause.
[ 2008 c 6 § 914; 1974 ex.s. c 117 § 44.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
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 11.28 - Letters Testamentary and of Administration. › 11.28.140 - Form of letters of administration.

RCW 11.28.140
Form of letters of administration.
Letters of administration shall be signed by the clerk, and be under the seal of the court, and may be substantially in the following form:
State of Washington, County of . . . . . .
Whereas, A.B., late of . . . . . . on or about the . . . . day of . . . . . . A.D. (year) . . . . died intestate, leaving at the time of his or her death, property in this state subject to administration: Now, therefore, know all persons by these presents, that we do hereby appoint . . . . . . . . . administrator upon said estate, and whereas said administrator has duly qualified, hereby authorize him or her to administer the same according to law.
Witness my hand and the seal of said court this . . . . day of . . . . . . A.D. (year) . . . .
[ 2016 c 202 § 7; 2009 c 549 § 1005; 1965 c 145 § 11.28.140. Prior: 1917 c 156 § 65; RRS § 1435; prior: Code 1881 § 1392; 1863 p 220 § 125; 1860 p 182 § 92.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.150 - Revocation of letters by discovery of will.

RCW 11.28.150
Revocation of letters by discovery of will.
If after letters of administration are granted a will of the deceased be found and probate thereof be granted, the letters shall be revoked and letters testamentary or of administration with the will annexed, shall be granted.
[ 1965 c 145 § 11.28.150. Prior: 1917 c 156 § 51; RRS § 1421; prior: Code 1881 § 1375; 1863 p 218 § 109; 1860 p 180 § 76.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.160 - Cancellation of letters of administration.

RCW 11.28.160
Cancellation of letters of administration.
The court appointing any personal representative shall have authority for any cause deemed sufficient, to cancel and annul such letters and appoint other personal representatives in the place of those removed.
[ 1965 c 145 § 11.28.160. Prior: 1917 c 156 § 52; RRS § 1422.]
NOTES:
Revocation of letters—Causes: RCW 11.28.250.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.170 - Oath of personal representative.

RCW 11.28.170
Oath of personal representative.
Before letters testamentary or of administration are issued, each personal representative or an officer of a bank or trust company qualified to act as a personal representative, must take and subscribe an oath, before some person authorized to administer oaths, that the duties of the trust as personal representative will be performed according to law, which oath must be filed in the cause.
[ 2005 c 97 § 3; 1965 c 145 § 11.28.170. Prior: 1917 c 156 § 66; RRS § 1436; prior: Code 1881 § 1393; 1877 p 211 § 4; 1873 p 329 § 366.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.185 - Bond or other security of personal representative—When not required—Waiver—Corporate trustee—Additional bond—Reduction—Other security.

RCW 11.28.185
Bond or other security of personal representative—When not required—Waiver—Corporate trustee—Additional bond—Reduction—Other security.
When the terms of the decedent's will manifest an intent that the personal representative appointed to administer the estate shall not be required to furnish bond or other security, or when the personal representative is the surviving spouse or surviving domestic partner of the decedent and it appears to the court that the entire estate, after provision for expenses and claims of creditors, will be distributable to such spouse or surviving domestic partner, then such personal representative shall not be required to give bond or other security as a condition of appointment. In all cases where a bank or trust company authorized to act as personal representative is appointed as personal representative, no bond shall be required. In all other cases, unless waived by the court, the personal representative shall give such bond or other security, in such amount and with such surety or sureties, as the court may direct.
Every person required to furnish bond must, before receiving letters testamentary or of administration, execute a bond to the state of Washington conditioned that the personal representative shall faithfully execute the duty of the trust according to law.
The court may at any time after appointment of the personal representative require said personal representative to give a bond or additional bond, the same to be conditioned and to be approved as provided in this section; or the court may allow a reduction of the bond upon a proper showing.
In lieu of bond, the court may in its discretion, substitute other security or financial arrangements, such as provided under RCW 11.130.445, or as the court may deem adequate to protect the assets of the estate.
[ 2020 c 312 § 709; 2008 c 6 § 915; 1977 ex.s. c 234 § 5; 1974 ex.s. c 117 § 46.]
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, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
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 11.28 - Letters Testamentary and of Administration. › 11.28.190 - Examination of sureties—Additional security—Costs.

RCW 11.28.190
Examination of sureties—Additional security—Costs.
Before the judge approves any bond required under this chapter, and after its approval, he or she may, of his or her own motion, or upon the motion of any person interested in the estate, supported by affidavit that the sureties, or some one or more of them, are not worth as much as they have justified to, order a citation to issue, requiring such sureties to appear before him or her at a designated time and place, to be examined touching their property and its value; and the judge must, at the same time, cause notice to be issued to the personal representative, requiring his or her appearance on the return of the citation, and on its return he or she may examine the sureties and such witnesses as may be produced touching the property of the sureties and its value; and if upon such examination he or she is satisfied that the bond is insufficient he or she must require sufficient additional security. If the bond and sureties are found by the court to be sufficient, the costs incident to such hearing shall be taxed against the party instituting such hearing. As a part of such costs the sureties appearing shall be allowed such fees and mileage as witnesses are allowed in civil proceedings: PROVIDED, That when the citation herein referred to is issued on the motion of the court, no costs shall be imposed.
[ 2010 c 8 § 2018; 1965 c 145 § 11.28.190. Prior: 1917 c 156 § 68; RRS § 1438; prior: Code 1881 § 1400; 1877 p 212 § 4; 1863 p 221 § 129; 1860 p 183 § 96.]
NOTES:
Fees and allowances of witnesses: Chapter 2.40 RCW, RCW 5.56.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.210 - New or additional bond.

RCW 11.28.210
New or additional bond.
Any person interested may at any time by verified petition to the court, or otherwise, complain of the sufficiency of any bond or sureties thereon, and the court may upon such petition, or upon its own motion, and with or without hearing upon the matter, require the personal representative to give a new, or additional bond, or bonds, and in all such matters the court may act in its discretion and make such orders and citations as to it may seem right and proper in the premises.
[ 1965 c 145 § 11.28.210. Prior: 1917 c 156 § 70; RRS § 1440; prior: 1891 p 383 § 13 1/2; Code 1881 § 1404; 1877 p 212 § 4; 1863 p 221 § 131; 1860 p 183 § 98.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.220 - Persons disqualified as sureties.

RCW 11.28.220
Persons disqualified as sureties.
No judge of the superior court, no sheriff, clerk of a court, or deputy of either, and no attorney-at-law shall be taken as surety on any bond required to be taken in any proceeding in probate.
[ 1965 c 145 § 11.28.220. Prior: 1917 c 156 § 71; RRS § 1441; prior: 1891 p 383 § 14; Code 1881 § 1409; 1863 p 221 § 128; 1860 p 183 § 95.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.230 - Bond not void for want of form—Successive recoveries.

RCW 11.28.230
Bond not void for want of form—Successive recoveries.
No bond required under the provisions of this chapter, and intended as such bond, shall be void for want of form, recital or condition; nor shall the principal or surety on such account be discharged, but all the parties thereto shall be held and bound to the full extent contemplated by the law requiring the same, to the amount specified in such bond. In all actions on such defective bond the plaintiff may state its legal effect in the same manner as though it were a perfect bond. The bond shall not be void upon the first recovery, but may be sued and recovered upon, from time to time, by any person aggrieved in his or her own name, until the whole penalty is exhausted.
[ 2010 c 8 § 2019; 1965 c 145 § 11.28.230. Prior: 1917 c 156 § 73; RRS § 1443; prior: Code 1881 §§ 1412, 1397; 1877 p 211 § 4; 1854 p 219 § 489.]
NOTES:
Bond not to fail for want of form or substance: RCW 19.72.170.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.235 - Limitation of action against sureties.

RCW 11.28.235
Limitation of action against sureties.
All actions against sureties shall be commenced within six years after the revocation or surrender of letters of administration or death of the principal.
[ 1965 c 145 § 11.28.235. Prior: 1917 c 156 § 80; RCW 11.28.310; RRS § 1450; prior: 1891 p 385 § 21; Code 1881 § 1431; 1854 p 274 § 42.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.237 - Notice of appointment as personal representative, pendency of probate—Proof by affidavit.

RCW 11.28.237
Notice of appointment as personal representative, pendency of probate—Proof by affidavit.
(1) Within twenty days after appointment, the personal representative of the estate of a decedent shall cause written notice of his or her appointment and the pendency of said probate proceedings, to be served personally or by mail to each heir, legatee and devisee of the estate and each beneficiary or transferee of a nonprobate asset of the decedent whose names and addresses are known to him or her, and proof of such mailing or service shall be made by affidavit and filed in the cause. If a trust is a legatee or devisee of the estate or a beneficiary or transferee of a nonprobate asset of the decedent, then notice to the trustee is sufficient.
(2) If the personal representative does not otherwise give notice to creditors under chapter 11.40 RCW within thirty days after appointment, the personal representative shall cause written notice of his or her appointment and the pendency of the probate proceedings to be mailed to the state of Washington department of social and health services' office of financial recovery, and proof of the mailing shall be made by affidavit and filed in the cause.
[ 2011 c 327 § 2; 1997 c 252 § 85; 1994 c 221 § 24; 1977 ex.s. c 234 § 6; 1974 ex.s. c 117 § 30; 1969 c 70 § 2; 1965 c 145 § 11.28.237. Prior: 1955 c 205 § 13, part; RCW 11.76.040, part.]
NOTES:
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Effective dates—1994 c 221: See note following RCW 11.100.035.
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
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 11.28 - Letters Testamentary and of Administration. › 11.28.238 - Notice of appointment as personal representative—Notice to department of revenue.

RCW 11.28.238
Notice of appointment as personal representative—Notice to department of revenue.
Duty of personal representative to notify department of revenue of administration; personal liability for taxes upon failure to give notice: See RCW 82.32.240.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.250 - Revocation of letters—Causes.

RCW 11.28.250
Revocation of letters—Causes.
Whenever the court has reason to believe that any personal representative has wasted, embezzled, or mismanaged, or is about to waste, or embezzle the property of the estate committed to his or her charge, or has committed, or is about to commit a fraud upon the estate, or is incompetent to act, or is permanently removed from the state, or has wrongfully neglected the estate, or has neglected to perform any acts as such personal representative, or for any other cause or reason which to the court appears necessary, it shall have power and authority, after notice and hearing to revoke such letters. The manner of the notice and of the service of the same and of the time of hearing shall be wholly in the discretion of the court, and if the court for any such reasons revokes such letters the powers of such personal representative shall at once cease, and it shall be the duty of the court to immediately appoint some other personal representative, as in this title provided.
[ 2010 c 8 § 2020; 1965 c 145 § 11.28.250. Prior: 1917 c 156 § 74; RRS § 1444; prior: Code 1881 § 1414; 1863 p 218 § 112; 1860 p 186 § 114.]
NOTES:
Absentee estates, removal of trustee: RCW 11.80.060.
Accounting on revocation of letters: RCW 11.28.290.
Cancellation of letters of administration: RCW 11.28.160.
Effect on compensation of personal representative who fails to discharge duties: RCW 11.48.210.
Notice to creditors when personal representative removed—Limit tolled by vacancy: RCW 11.40.150.
Revocation of letters
by discovery of will: RCW 11.28.150.
upon conviction of crime or becoming of unsound mind: RCW 11.36.010.
Successor personal representative: RCW 11.28.280.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.260 - Revocation of letters—Proceedings in court or chambers.

RCW 11.28.260
Revocation of letters—Proceedings in court or chambers.
The applications and acts authorized by RCW 11.28.250 may be heard and determined in court or at chambers. All orders made therein must be entered upon the minutes of the court.
[ 1965 c 145 § 11.28.260. Prior: 1917 c 156 § 75; RRS § 1445; prior: 1891 p 384 § 17; Code 1881 § 1413; 1877 p 213 § 4.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.270 - Powers of remaining personal representatives if letters to associates revoked or surrendered or upon disqualification.

RCW 11.28.270
Powers of remaining personal representatives if letters to associates revoked or surrendered or upon disqualification.
If more than one personal representative of an estate is serving when the letters to any of them are revoked or surrendered or when any part of them dies or in any way becomes disqualified, those who remain shall perform all the duties required by law unless the decedent provided otherwise in a duly probated will or unless the court orders otherwise.
[ 1997 c 252 § 5; 1965 c 145 § 11.28.270. Prior: 1917 c 156 § 76; RRS § 1446; prior: Code 1881 § 1427; 1854 p 273 § 38.]
NOTES:
Application—1997 c 252 §§ 1-73: See note following RCW 11.02.005.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.280 - Successor personal representative.

RCW 11.28.280
Successor personal representative.
Except as otherwise provided in RCW 11.28.270, if a personal representative of an estate dies or resigns or the letters are revoked before the settlement of the estate, letters testamentary or letters of administration of the estate remaining unadministered shall be granted to those to whom the letters would have been granted if the original letters had not been obtained, or the person obtaining them had renounced administration, and the successor personal representative shall perform like duties and incur like liabilities as the preceding personal representative, unless the decedent provided otherwise in a duly probated will or unless the court orders otherwise. A succeeding personal representative may petition for nonintervention powers under chapter 11.68 RCW.
[ 1997 c 252 § 6; 1974 ex.s. c 117 § 26; 1965 c 145 § 11.28.280. Prior: 1955 c 205 § 8; 1917 c 156 § 77; RRS § 1447; prior: Code 1881 § 1428.]
NOTES:
Application—1997 c 252 §§ 1-73: See note following RCW 11.02.005.
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 11.28 - Letters Testamentary and of Administration. › 11.28.290 - Accounting on death, resignation, or revocation of letters.

RCW 11.28.290
Accounting on death, resignation, or revocation of letters.
If any personal representative resign, or his or her letters be revoked, or he or she die, he or she or his or her representatives shall account for, pay, and deliver to his or her successor or to the surviving or remaining personal representatives, all money and property of every kind, and all rights, credits, deeds, evidences of debt, and papers of every kind, of the deceased, at such time and in such manner as the court shall order on final settlement with such personal representative or his or her legal representatives.
[ 2010 c 8 § 2021; 1965 c 145 § 11.28.290. Prior: 1917 c 156 § 78; RRS § 1448; prior: Code 1881 § 1429; 1854 p 273 § 40.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.300 - Proceedings against delinquent personal representative.

RCW 11.28.300
Proceedings against delinquent personal representative.
The succeeding administrator, or remaining personal representative may proceed by law against any delinquent former personal representative, or his or her personal representatives, or the sureties of either, or against any other person possessed of any part of the estate.
[ 2010 c 8 § 2022; 1965 c 145 § 11.28.300. Prior: 1917 c 156 § 79; RRS § 1449; prior: 1891 p 384 § 20; Code 1881 § 1430; 1854 p 273 § 41.]
NOTES:
Limitation of action against sureties: RCW 11.28.235.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.28 - Letters Testamentary and of Administration. › 11.28.330 - Notice of adjudication of testacy or intestacy and heirship—Contents—Service or mailing.

RCW 11.28.330
Notice of adjudication of testacy or intestacy and heirship—Contents—Service or mailing.
If no personal representative is appointed to administer the estate of a decedent, the person obtaining the adjudication of testacy, or intestacy and heirship, within thirty days shall personally serve or mail a true copy of the adjudication to each heir, legatee, and devisee of the decedent, which copy shall contain the name of the decedent's estate and the probate cause number, and shall:
(1) State the name and address of the applicant;
(2) State that on the . . . . day of . . . . . . , . . . ., the applicant obtained an order from the superior court of . . . . . . county, state of Washington, adjudicating that the decedent died intestate, or testate, whichever shall be the case;
(3) In the event the decedent died testate, enclose a copy of his or her will therewith, and state that the adjudication of testacy will become final and conclusive for all legal intents and purposes unless any heir, legatee, or devisee of the decedent shall contest said will within four months after the date the said will was adjudicated to be the last will and testament of the decedent;
(4) In the event that the decedent died intestate, set forth the names and addresses of the heirs of the decedent, their relationship to the decedent, the distributive shares of the estate of the decedent which they are entitled to receive, and that said adjudication of intestacy and heirship shall become final and conclusive for all legal intents and purposes, unless, within four months of the date of said adjudication of intestacy, a petition shall be filed seeking the admission of a will of the decedent for probate, or contesting the adjudication of heirship.
Notices provided for in this section may be served personally or sent by regular mail, and proof of such service or mailing shall be made by an affidavit filed in the cause;
(5) Mail a true copy of the adjudication, including the decedent's social security number and the name and address of the applicant, to the state of Washington department of social and health services office of financial recovery.
[ 2010 c 8 § 2023; 2004 c 193 § 1; 1974 ex.s. c 117 § 31.]
NOTES:
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 11.32 - Special Administrators. › 11.32.010 - Appointment.

RCW 11.32.010
Appointment.
When, by reason of an action concerning the proof of a will, or from any other cause, there shall be a delay in granting letters testamentary or of administration, the judge may, in his or her discretion, appoint a special administrator (other than one of the parties) to collect and preserve the effects of the deceased; and in case of an appeal from the decree appointing such special administrator, he or she shall, nevertheless, proceed in the execution of his or her trust until he or she shall be otherwise ordered by the appellate court.
[ 2010 c 8 § 2025; 1965 c 145 § 11.32.010. Prior: 1917 c 156 § 81; RRS § 1451; prior: 1891 p 384 § 19; Code 1881 § 1419; 1863 p 222 § 137; 1860 p 184 § 104.]