reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.54 - Family Support and Postdeath Creditor's Claim Exemptions. › 11.54.070 - Immunity of award from debts and claims of creditors.

RCW 11.54.070
Immunity of award from debts and claims of creditors.
(1) Except as provided in RCW 11.54.060(2), property awarded and cash paid under this chapter is immune from all debts, including judgments and judgment liens, of the decedent and of the surviving spouse or surviving domestic partner existing at the time of death.
(2) Both the decedent's and the surviving spouse's or surviving domestic partner's interests in any community property awarded to the spouse or domestic partner under this chapter are immune from the claims of creditors.
[ 2008 c 6 § 921; 1998 c 292 § 201; 1997 c 252 § 54.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Retroactive application—1998 c 292: "(1) Sections 201 through 205 of this act are remedial in nature and apply retroactively to July 27, 1997, and thereafter.
(2) Section 301 of this act is remedial in nature and applies retroactively to July 1, 1991, and thereafter." [ 1998 c 292 § 604.]
Effective dates—1998 c 292: See RCW 11.11.903.
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 11.54 - Family Support and Postdeath Creditor's Claim Exemptions. › 11.54.080 - Exemption of additional assets from claims of creditors—Petition—Notice—Court order.

RCW 11.54.080
Exemption of additional assets from claims of creditors—Petition—Notice—Court order.
(1) This section applies if the party entitled to petition for an award holds exempt property that is in an aggregate amount less than that specified in *RCW 6.13.030(2) with respect to lands.
(2) For purposes of this section, the party entitled to petition for an award is referred to as the "claimant." If multiple parties are entitled to petition for an award, all of them are deemed a "claimant" and may petition for an exemption of additional assets as provided in this section, if the aggregate amount of exempt property to be held by all the claimants after the making of the award does not exceed the amount specified in *RCW 6.13.030(2) with respect to lands.
(3) A claimant may petition the court for an order exempting other assets from the claims of creditors so that the aggregate amount of exempt property held by the claimants equals the amount specified in *RCW 6.13.030(2) with respect to lands. The petition must:
(a) Set forth facts to establish that the petitioner is entitled to petition for an award under RCW 11.54.010;
(b) State the nature and value of those assets then held by all claimants that are exempt from the claims of creditors; and
(c) Describe the nonexempt assets then held by the claimants, including any interest the claimants may have in any probate or nonprobate property of the decedent.
(4) Notice of a petition for an order exempting assets from the claims of creditors must be given in accordance with RCW 11.96A.110.
(5) At the hearing on the petition, the court shall order that certain assets of the claimants are exempt from the claims of creditors so that the aggregate amount of exempt property held by the claimants after the entry of the order is in the amount specified in *RCW 6.13.030(2) with respect to lands. In the order the court shall designate those assets of the claimants that are so exempt.
[ 1999 c 42 § 612; 1997 c 252 § 55.]
NOTES:
*Reviser's note: RCW 6.13.030 was amended by 2021 c 290 § 3, significantly changing subsection (2).
Effective date—1999 c 42: See RCW 11.96A.902.
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 11.54 - Family Support and Postdeath Creditor's Claim Exemptions. › 11.54.090 - Venue for petition—Petition and hearing requirements—Notice of hearing.

RCW 11.54.090
Venue for petition—Petition and hearing requirements—Notice of hearing.
The petition for an award, for an increased or modified award, or for the exemption of assets from the claims of creditors as authorized by this chapter must be made to the court of the county in which the probate is being administered. If probate proceedings have not been commenced in the state of Washington, the petition must be made to the court of a county in which the decedent was domiciled at the time of death. If the decedent was not domiciled in the state of Washington at the time of death, the petition may be made to the court of any county in which the decedent's estate could be administered under RCW 11.96A.050. The petition and the hearing must conform to RCW 11.96A.080 through 11.96A.200. Notice of the hearing on the petition must be given in accordance with RCW 11.96A.110.
[ 1999 c 42 § 613; 1997 c 252 § 56.]
NOTES:
Effective date—1999 c 42: See RCW 11.96A.902.
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 11.54 - Family Support and Postdeath Creditor's Claim Exemptions. › 11.54.100 - Exhaustion of estate—Closure of estate—Discharge of personal representative.

RCW 11.54.100
Exhaustion of estate—Closure of estate—Discharge of personal representative.
If an award provided by this chapter will exhaust the estate, and probate proceedings have been commenced in the state of Washington, the court in the order of award or allowance shall order the estate closed, discharge the personal representative, and exonerate the personal representative's bond, if any.
[ 1997 c 252 § 57.]
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 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.005 - Authority to exchange.

RCW 11.56.005
Authority to exchange.
Whenever it shall appear upon the petition of the personal representative or of any person interested in the estate to be to the best interests of the estate to exchange any real or personal property of the estate for other property, the court may authorize the exchange upon such terms and conditions as it may prescribe, which include the payment or receipt of part cash by the personal representative. If personal property of the estate is to be exchanged, the procedure required by this chapter for the sale of such property shall apply so far as may be; if real property of the estate is to be exchanged, the procedure required by this chapter for the sale of such property shall apply so far as may be.
[ 1965 c 145 § 11.56.005.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.010 - Authority to sell, lease or mortgage.

RCW 11.56.010
Authority to sell, lease or mortgage.
The court may order real or personal property sold, leased or mortgaged for the purposes hereinafter mentioned but no sale, lease or mortgage of any property of an estate shall be made except under an order of the court, unless otherwise provided by law.
[ 1965 c 145 § 11.56.010. Prior: 1917 c 156 § 122; RRS § 1492; prior: 1895 c 157 § 1; 1883 p 29 § 1; Code 1881 § 1486; 1854 p 284 § 97.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.020 - Sale, lease or mortgage of personal property.

RCW 11.56.020
Sale, lease or mortgage of personal property.
The court may at any time order any personal property, including for purposes of this section a vendor's interest in a contract for the sale of real estate, of the estate sold for the preservation of such property or for the payment of the debts of the estate or the expenses of administration or for the purpose of discharging any obligation of the estate or for any other reason which may to the court seem right and proper, and such order may be made either upon or without petition therefor, and such sales may be either at public or private sale or by negotiation and with or without notice of such sale, as the court may determine, and upon such terms and conditions as the court may decide upon. No notice of petition for sale of any personal property need be given, except as provided in RCW 11.28.240, unless the court expressly orders such notice.
Where personal property is sold prior to appraisement, the sale price shall be deemed the value for appraisal. Personal property may be mortgaged, pledged or leased for the same reasons and purposes, and in the same manner as is hereinafter provided for real property.
[ 1965 c 145 § 11.56.020. Prior: (i) 1917 c 156 § 123; RRS § 1493; prior: 1891 c 155 §§ 29, 30; 1883 p 29 § 1; Code 1881 § 1488; 1854 p 284 § 99. (ii) 1955 c 205 § 12; RCW 11.56.025.]
NOTES:
Community property: Chapter 26.16 RCW.
Descent and distribution of real and personal estate: RCW 11.04.015.
Payment of claims where estate insufficient: RCW 11.76.150.
Performance of decedent's contracts: Chapter 11.60 RCW.
Sale of decedent's contract interest in land: RCW 11.56.180.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.030 - Sale, lease or mortgage of real estate—Petition—Notice—Hearing.

RCW 11.56.030
Sale, lease or mortgage of real estate—Petition—Notice—Hearing.
Whenever it shall appear to the satisfaction of the court that any portion or all of the real property should be sold, mortgaged or leased for the purpose of raising money to pay the debts and obligations of the estate, and the expenses of administration, estate taxes, or for the support of the family, to make distribution, or for such other purposes as the court may deem right and proper, the court may order the sale, lease or mortgage of such portion of the property as appears to the court necessary for the purpose aforesaid. It shall be the duty of the personal representative to present a petition to the court giving a description of all the property of the estate and its character, the amount of the debts, expenses and obligations of the estate and such other things as will tend to assist the court in determining the necessity for the sale, lease or mortgage and the amount thereof. Unless the court shall by order expressly so provide, no notice of the hearing of such petition for sale, lease or mortgage need be given, except as provided in RCW 11.28.240 hereof; if, however, the court should order notice of such hearing, it shall determine upon the kind, character and time thereof. At the hearing of such petition the court may have brought before it such testimony or information as it may see fit to receive, for the purpose of determining whether it should order any of the property of the estate sold, leased or mortgaged. The absence of any allegation in the petition shall not deprive the court of jurisdiction to order said sale, lease or mortgage, and the court may, if it see fit, order such sale, lease or mortgage without any petition having been previously presented.
[ 1990 c 180 § 2; 1965 c 145 § 11.56.030. Prior: 1937 c 28 § 3; 1917 c 156 § 124; RRS § 1494; prior: Code 1881 § 1493; 1854 p 285 § 103.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.040 - Order directing mortgage.

RCW 11.56.040
Order directing mortgage.
If the court should determine that it is necessary or proper, for any of the said purposes, to mortgage any or all of said property, it may make an order directing the personal representative to mortgage such thereof as it may determine upon, and such order shall contain the terms and conditions of such transaction and authorize the personal representative to execute and deliver his or her note or notes and secure the same by mortgage, and thereafter it shall be the duty of such personal representative to comply with such order. The personal representative shall not deliver any such note, mortgage, or other evidence of indebtedness until he or she has first presented same to the court and obtained its approval of the form. Every mortgage so made and approved shall be effectual to mortgage and encumber all the right, title, and interest of the said estate in the property described therein at the time of the death of the said decedent, or acquired by his or her estate, and no irregularity in the proceedings shall impair or invalidate any mortgage given under such order of the court and approved by it.
[ 2010 c 8 § 2044; 1965 c 145 § 11.56.040. Prior: 1917 c 156 § 125; RRS § 1495; prior: Code 1881 § 1494; 1854 p 285 § 104.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.045 - Order directing lease.

RCW 11.56.045
Order directing lease.
If the court should determine that it is necessary or proper, for any of the said purposes to lease any or all of said property, it may make an order directing the personal representative to lease such thereof as it may determine upon, and such order shall contain the terms and conditions of such transaction and authorize the personal representative to execute the lease and thereafter it shall be the duty of the personal representative to comply with such order. The personal representative shall not execute such lease until he or she has first presented the same to the court and obtained its approval of the form.
[ 2010 c 8 § 2045; 1965 c 145 § 11.56.045.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.050 - Order directing sale.

RCW 11.56.050
Order directing sale.
If the court should determine that it is necessary to sell any or all of the real estate for the purposes mentioned in this title, then it may make and cause to be entered an order directing the personal representative to sell so much of the real estate as the court may determine necessary for the purposes aforesaid. Such order shall give a particular description of the property to be sold and the terms of such sale and shall provide whether such property shall be sold at public or private sale, or by negotiation. After the giving of such order it shall be the duty of the personal representative to sell such real estate in accordance with the order of the court and as in this title provided with reference to the public or private sales of real estate.
[ 1994 c 221 § 49; 1965 c 145 § 11.56.050. Prior: 1917 c 156 § 126; RRS § 1496; prior: Code 1881 § 1494; 1854 p 285 § 104.]
NOTES:
Effective dates—1994 c 221: See note following RCW 11.100.035.
Abatement of assets: Chapter 11.10 RCW.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.060 - Public sales—Notice.

RCW 11.56.060
Public sales—Notice.
When real property is directed to be sold by public sale, notice of the time and place of such sale shall be published in a legal newspaper of the county in which the estate is being administered, once each week for three successive weeks before such sale, in which notices the property ordered sold shall be described with proper certainty: PROVIDED, That where real property is located in a county other than the county in which the estate is being administered, publication shall also be made in a legal newspaper of that county. At the time and place named in such notices for the said sale, the personal representative shall proceed to sell the property upon the terms and conditions ordered by the court, and to the highest and best bidder. All sales of real estate at public sale shall be made at the front door of the courthouse of the county in which the lands are, unless the court shall by order otherwise direct.
[ 1965 c 145 § 11.56.060. Prior: 1917 c 156 § 127; RRS § 1497; prior: 1888 p 187 § 1; Code 1881 § 1504; 1854 p 287 § 114.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.070 - Postponement, adjournment of sale—Notice.

RCW 11.56.070
Postponement, adjournment of sale—Notice.
The personal representative, should he or she deem it for the best interests of all concerned, may postpone such sale to a time fixed but not to exceed twenty days, and such postponement shall be made by proclamation of the personal representative at the time and place first appointed for the sale; if there be an adjournment of such sale for more than three days, then it shall be the duty of the personal representative to cause a notice of such adjournment to be published in a legal newspaper in the county in which notice was published as provided in RCW 11.56.060, in addition to making such proclamation.
[ 2010 c 8 § 2046; 1965 c 145 § 11.56.070. Prior: 1917 c 156 § 128; RRS § 1498; prior: Code 1881 § 1505; 1854 p 287 § 115.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.080 - Private sales of realty—Notice—Bids.

RCW 11.56.080
Private sales of realty—Notice—Bids.
When a sale of real property is ordered to be made at private sale, notice of the same must be published in a legal newspaper of the county in which the estate is being administered, once a week for at least two successive weeks before the day on or after which the sale is to be made, in which the lands and tenements to be sold must be described with common certainty: PROVIDED, That where real property is located in a county other than the county in which the estate is being administered, publication shall also be made in a legal newspaper of that county. The notice must state the day on or after which the sale will be made and the place where offers or bids will be received. The day last referred to must be at least fifteen days from the first publication of notice and the sale must not be made before that day, but if made, must be made within twelve months thereafter. The bids or offers must be in writing, and may be left at the place designated in the notice or delivered to the personal representative personally, or may be filed in the office of the clerk of the court to which the return of sale must be made, at any time after the first publication of the notice and before the making of the sale. If it be shown that it will be for the best interest of the estate the court or judge may, by an order, shorten the time of notice, which shall not, however, be less than one week, and may provide that the sale may be made on or after a day less than fifteen, but not less than eight days from the first publication of the notice of sale, and the sale may be made to correspond with such order.
[ 1965 c 145 § 11.56.080. Prior: 1917 c 156 § 129; RRS § 1499; prior: 1888 p 187 § 1; Code 1881 § 1504; 1854 p 287 § 114.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.090 - Minimum price—Private sale—Sale by negotiation—Reappraisement.

RCW 11.56.090
Minimum price—Private sale—Sale by negotiation—Reappraisement.
No sale of real estate at private sale or sale by negotiation shall be confirmed by the court unless the gross sum offered is at least ninety percent of the appraised value thereof, nor unless such real estate shall have been appraised within one year immediately prior to such sale. If it has not been so appraised, or if the court is satisfied that the appraisement is too high or too low, appraisers may be appointed, and they must make an appraisement thereof in the same manner as in the case of the original appraisement of the estate, and which appraisement may be made at any time before the sale or the confirmation thereof.
[ 1965 c 145 § 11.56.090. Prior: 1917 c 156 § 130; RRS § 1500; prior: 1891 c 155 § 31; Code 1881 § 1508; 1854 p 287 § 118.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.100 - Confirmation of sale—Approval—Resale.

RCW 11.56.100
Confirmation of sale—Approval—Resale.
The personal representative making any sale of real estate, either at public or private sale, or sale by negotiation shall within ten days after making such sale file with the clerk of the court his or her return of such sale, the same being duly verified. In the case of a sale by negotiation the personal representative shall publish a notice in one issue of a legal newspaper of the county in which the estate is being administered; such notice shall include the legal description of the property sold, the selling price and the date after which the sale can be confirmed: PROVIDED, That such confirmation date shall be at least ten days after such notice is published. At any time after the expiration of ten days from the publication of such notice, in the case of sale by negotiation, and at any time after the expiration of ten days from the filing of such return, in the case of public or private sale the court may approve and confirm such sale and direct proper instruments of transfer to be executed and delivered. But if the court shall be of the opinion that the proceedings were unfair, or that the sum obtained was disproportionate to the value of the property sold, or if made at private sale or sale by negotiation that it did not sell for at least ninety percent of the appraised value as in RCW 11.56.090 provided, and that a sum exceeding said bid by at least ten percent exclusive of the expense of a new sale, may be obtained, the court may refuse to approve or confirm such sale and may order a resale. On a resale, notice shall be given and the sale shall be conducted in all respects as though no previous sale had been made.
[ 2010 c 8 § 2047; 1965 c 145 § 11.56.100. Prior: 1917 c 156 § 131; RRS § 1501; prior: 1891 c 155 § 31; Code 1881 § 1508; 1854 p 287 § 118.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.110 - Offer of increased bid—Duty of court.

RCW 11.56.110
Offer of increased bid—Duty of court.
If, at any time before confirmation of any such sale, any person shall file with the clerk of the court a bid on such property in an amount not less than ten percent higher than the bid the acceptance of which was reported by the return of sale and shall deposit with the clerk not less than twenty percent of his or her bid in the form of cash, money order, cashier's check, or certified check made payable to the clerk, to be forfeited to the estate unless such bidder complies with his or her bid, the bidder whose bid was accepted shall be informed of such increased bid by registered or certified mail addressed to such bidder at any address which may have been given by him or her at the time of making such bid. Such bidder then shall have a period of five days, not including holidays, in which to make and file a bid better than that of the subsequent bidder. After the expiration of such five-day period the court may refuse to confirm the sale reported in the return of sale and direct a sale to the person making the best bid then on file, indicating which is the best bid, and a sale made pursuant to such direction shall need no further confirmation. Instead of such a direction, the court, upon application of the personal representative, may direct the reception of sealed bids. Thereupon the personal representative shall mail notice by registered or certified mail to all those who have made bids on such property, informing them that sealed bids will be received by the clerk of the court within ten days. At the expiration of such period the personal representative, in the presence of the clerk of the court, shall open such bids as shall have been submitted to the clerk within the time stated in the notice (whether by previous bidders or not) and shall file a recommendation of the acceptance of the bid which he or she deems best in view of the requirements of the particular estate. The court may thereupon direct a sale to the bidder whose bid is deemed best by the court and a sale made pursuant to such direction shall need no confirmation: PROVIDED, HOWEVER, That the court shall consider the net realization to the estate in determining the best bid.
[ 2010 c 8 § 2048; 1967 ex.s. c 106 § 2; 1967 c 168 § 18; 1965 c 145 § 11.56.110. Prior: 1955 c 154 § 1; 1917 c 156 § 132; RRS § 1502.]
NOTES:
Effective date—1967 ex.s. c 106: "The provisions of this act shall take effect on July 1, 1967." [ 1967 ex.s. c 106 § 5.]
Effective date—1967 c 168: See note following RCW 11.02.070.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.115 - Effect of confirmation.

RCW 11.56.115
Effect of confirmation.
No petition or allegation thereof for the sale of real estate shall be considered jurisdictional, and confirmation by the court of any sale shall be absolutely conclusive as to the regularity of all proceedings leading up to and including such sale, and no instrument of conveyance of real estate made after confirmation of sale by the court shall be open to attack upon any grounds whatsoever except for fraud, and the confirmation by the court of any such sale shall be conclusive proof that all statutory provisions and all orders of the court with reference to such sale have been complied with.
[ 1965 c 145 § 11.56.115. Prior: 1917 c 156 § 134; RCW 11.56.130; RRS § 1504; prior: Code 1881 § 1510; 1854 p 287 § 120.]
NOTES:
Real estate sold by executor, etc., limitation of action: RCW 4.16.070.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.120 - Conveyance after confirmation of sale.

RCW 11.56.120
Conveyance after confirmation of sale.
Upon the confirmation of any such sale the court shall direct the personal representative to make, execute and deliver instruments conveying the title to the person to whom such property may be sold, and such instruments of conveyance shall be deemed to convey all the estate, rights and interests of the testator or intestate at the death of the deceased and any interest acquired by the estate.
[ 1965 c 145 § 11.56.120. Prior: 1917 c 156 § 133; RRS § 1503; prior: Code 1881 § 1510; 1854 p 287 § 120.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.180 - Sale of decedent's contract interest in land.

RCW 11.56.180
Sale of decedent's contract interest in land.
If the deceased person at the time of his or her death was possessed of a contract for the purchase of lands, his or her interest in such lands under such contract may be sold on the application of his or her personal representative in the same manner as if he or she died seized of such lands; and the same proceedings may be had for that purpose as are prescribed in this title in respect to lands of which he or she died seized, except as hereinafter provided.
[ 2010 c 8 § 2049; 1965 c 145 § 11.56.180. Prior: 1917 c 156 § 139; RRS § 1509; prior: Code 1881 § 1519; 1854 p 289 § 129.]
NOTES:
Performance of decedent's contracts: Chapter 11.60 RCW.
Sale of vendor's interest in contract for sale of real estate: RCW 11.56.020.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.210 - Assignment of decedent's contract.

RCW 11.56.210
Assignment of decedent's contract.
Upon the confirmation of such sale, the personal representative shall execute to the purchaser an assignment of the contract and deed, which shall vest in the purchaser, his or her heirs and assigns, all the right, title, and interest of the persons entitled to the interest of the deceased in the land sold at the time of the sale, and such purchaser shall have the same rights and remedies against the vendor of such lands as the deceased would have had if living.
[ 2010 c 8 § 2050; 1965 c 145 § 11.56.210. Prior: 1917 c 156 § 142; RRS § 1512; prior: Code 1881 § 1522; 1854 p 289 § 132.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.220 - Redemption of decedent's mortgaged estate.

RCW 11.56.220
Redemption of decedent's mortgaged estate.
If any person die having mortgaged any real or personal estate, and shall not have devised the same, or provided for any redemption thereof by will, the court, upon the application of any person interested, may order the personal representative to redeem the estate out of the assets, if it should appear to the satisfaction of the court that such redemption would be beneficial to the estate and not injurious to creditors.
[ 1965 c 145 § 11.56.220. Prior: 1917 c 156 § 143; RRS § 1513; prior: Code 1881 § 1523; 1854 p 289 § 133.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.230 - Sale or mortgage to effect redemption.

RCW 11.56.230
Sale or mortgage to effect redemption.
If it shall be made to appear to the satisfaction of the court that it will be to the interest of the estate of any deceased person to sell or mortgage other personal estate or to sell or mortgage other real estate of the decedent than that mortgaged by him or her to redeem the property so mortgaged, the court may order the sale or mortgaging of any personal estate, or the sale or mortgaging of any real estate of the decedent which it may deem expedient to be sold or mortgaged for such purpose, which sale or mortgaging shall be conducted in all respects as other sales or mortgages of like property ordered by the court.
[ 2010 c 8 § 2051; 1965 c 145 § 11.56.230. Prior: 1917 c 156 § 144; RRS § 1514; prior: 1895 c 157 § 11; 1888 p 185 § 1.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.240 - Sale of mortgaged property if redemption inexpedient.

RCW 11.56.240
Sale of mortgaged property if redemption inexpedient.
If such redemption be not deemed expedient, the court shall order such property to be sold at public or private sale, which sale shall be with the same notice and conducted in the same manner as required in other cases of real estate or personal property provided for in this title, and shall be sold subject to such mortgage, and the personal representative shall thereupon execute a conveyance thereof to the purchaser, which conveyance shall be effectual to convey to the purchaser all the right, title, and interest which the deceased had in the property, and the purchase money, after paying the expenses of the sale, shall be applied to the residue in due course of administration.
[ 1965 c 145 § 11.56.240. Prior: 1917 c 156 § 145; RRS § 1515; prior: Code 1881 § 1524; 1873 p 296 § 211; 1854 p 290 § 134.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.250 - Sales directed by will.

RCW 11.56.250
Sales directed by will.
When property is directed by will to be sold, or authority is given in the will to sell property, the executor may sell any property of the estate without the order of the court, and without any notice, and it shall not be necessary under such circumstances to make any application to the court with reference to such sales or have the same confirmed by the court.
[ 1965 c 145 § 11.56.250. Prior: 1917 c 156 § 146; RRS § 1516; prior: Code 1881 § 1527.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.265 - Broker's fee and closing expenses—Sale, mortgage or lease.

RCW 11.56.265
Broker's fee and closing expenses—Sale, mortgage or lease.
In connection with the sale, mortgage or lease of property, the court may authorize the personal representative to pay, out of the proceeds realized therefrom or out of the estate, the customary and reasonable auctioneer's and broker's fees and any necessary expenses for abstracting, title insurance, survey, revenue stamps and other necessary costs and expenses in connection therewith.
[ 1965 c 145 § 11.56.265.]
NOTES:
Allowance of necessary expenses to personal representative: RCW 11.48.050.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing. › 11.56.280 - Borrowing on general credit of estate—Petition—Notice—Hearing.

RCW 11.56.280
Borrowing on general credit of estate—Petition—Notice—Hearing.
Whenever it shall appear to the satisfaction of the court that money is needed to pay debts of the estate, expenses of administration, or estate taxes, the court may by order authorize the personal representative to borrow such money, on the general credit of the estate, as appears to the court necessary for the purposes aforesaid. The time for repayment, rate of interest and form of note authorized shall be as specified by the court in its order. The money borrowed pursuant thereto shall be an obligation of the estate repayable with the same priority as unsecured claims filed against the estate. It shall be the duty of the personal representative to present a petition to the court giving a description of all the property of the estate and its character, the amount of the debts, expenses and tax obligations and such other things as will tend to assist the court in determining the necessity for the borrowing and the amount thereof. Unless the court shall by order expressly so provide, no notice of the hearing of such petition need be given, except to persons who have requested notice under the provisions of RCW 11.28.240; if, however, the court should order notice of such hearing, it shall determine upon the kind, character and time thereof. At the hearing of such petition the court may have brought before it such testimony or information as it may see fit to receive, for the foregoing purpose. The absence of any allegation in the petition shall not deprive the court of jurisdiction to authorize such borrowing.
[ 1990 c 180 § 3; 1965 c 145 § 11.56.280.]
NOTES:
Order of payment of debts: RCW 11.76.110.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.60 - Performance of Decedent's Contracts. › 11.60.010 - Order for performance on application of personal representative.

RCW 11.60.010
Order for performance on application of personal representative.
If any person, who is bound by contract, in writing, shall die before performing said contract, the superior court of the county in which the estate is being administered, may upon application of the personal representative, without notice, make an order authorizing and directing the personal representative to perform such contract.
[ 1965 c 145 § 11.60.010. Prior: 1917 c 156 § 188; RRS § 1558; prior: 1891 p 390 § 40; Code 1881 § 623; 1877 p 130 § 626; 1854 p 292 § 150.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.60 - Performance of Decedent's Contracts. › 11.60.020 - Petition, notice, and hearing when personal representative fails to make application.

RCW 11.60.020
Petition, notice, and hearing when personal representative fails to make application.
If the personal representative fails to make such application, then any person claiming to be entitled to such performance under such contract, may present a petition setting forth the facts upon which such claim is predicated. Notice of hearing shall be in accordance with the provisions of *RCW 11.16.081.
[ 1965 c 145 § 11.60.020. Prior: 1917 c 156 § 189; RRS § 1559; prior: 1891 c 155 § 41; Code 1881 § 694; 1877 p 130 § 627; 1854 p 292 § 151.]
NOTES:
*Reviser's note: RCW 11.16.081 was repealed by 1969 c 70 § 5.
Actions for recovery of property and on contract: RCW 11.48.090.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.60 - Performance of Decedent's Contracts. › 11.60.030 - Hearing.

RCW 11.60.030
Hearing.
At the time appointed for such hearing, or at such other time as the same may be adjourned to, upon proof of service of the notice as provided in *RCW 11.16.081, the court shall proceed to a hearing and determine the matter.
[ 1965 c 145 § 11.60.030. Prior: 1917 c 156 § 190; RRS § 1560; prior: 1891 c 155 § 42; Code 1881 § 625; 1877 p 130 § 628; 1854 p 293 § 152.]
NOTES:
*Reviser's note: RCW 11.16.081 was repealed by 1969 c 70 § 5.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.60 - Performance of Decedent's Contracts. › 11.60.040 - Conveyance of real property—Effect.

RCW 11.60.040
Conveyance of real property—Effect.
In the case of real property, a conveyance executed under the provisions of this title shall so refer to the order authorizing the conveyance that the same may be readily found, but need not recite the record in the case generally, and the conveyance made in pursuance of such order shall pass to the grantee all the estate, right, title, and interest contracted to be conveyed by the deceased, as fully as if the contracting party himself or herself were still living and executed the conveyance in pursuance of such contract.
[ 2010 c 8 § 2052; 1965 c 145 § 11.60.040. Prior: 1917 c 156 § 191; RRS § 1561; prior: Code 1881 § 626; 1877 p 130 § 629; 1854 p 293 § 153.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.60 - Performance of Decedent's Contracts. › 11.60.060 - Procedure on death of person entitled to performance.

RCW 11.60.060
Procedure on death of person entitled to performance.
If the person entitled to performance shall die before the commencement of the proceedings according to the provisions of this title or before the completion of performance, any person who would have been entitled to the performance under him or her, as heir, devisee, or otherwise, in case the performance had been made according to the terms of the contract, or the personal representative of such deceased person, for the benefit of persons entitled, may commence such proceedings, or prosecute the same if already commenced; and the performance shall inure to the persons who would have been entitled to it, or to the personal representative for their benefit.
[ 2010 c 8 § 2053; 1965 c 145 § 11.60.060. Prior: 1917 c 156 § 193; RRS § 1563; prior: 1891 c 155 § 47; Code 1881 § 532; 1877 p 132 § 635; 1854 p 294 § 159.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.62 - Small Estates—Disposition of Property. › 11.62.005 - Definitions.

RCW 11.62.005
Definitions.
As used in this chapter, the following terms shall have the meanings indicated.
(1) "Personal property" shall include any tangible personal property, any instrument evidencing a debt, obligation, stock, chose in action, license or ownership, any debt or any other intangible property.
(2)(a) "Successor" and "successors" shall mean (subject to subsection (2)(b) of this section):
(i) That person or those persons who are entitled to the claimed property pursuant to the terms and provisions of the last will and testament of the decedent or by virtue of the laws of intestate succession contained in this title; and/or
(ii) The surviving spouse or surviving domestic partner of the decedent to the extent that the surviving spouse or surviving domestic partner is entitled to the property claimed as his or her undivided one-half interest in the community property of said spouse or said domestic partner and the decedent; and/or
(iii) The department of social and health services, to the extent of funds expended or paid, in the case of claims provided under RCW 43.20B.080; and/or
(iv) This state, in the case of escheat property.
(b) Any person claiming to be a successor solely by reason of being a creditor of the decedent or of the decedent's estate, except for the state as set forth in (a)(iii) and (iv) of this subsection, shall be excluded from the definition of "successor".
(3) "Person" shall mean any individual or organization, specifically including but not limited to a bank, credit union, brokerage firm or stock transfer agent, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.
[ 2008 c 6 § 922; 2006 c 360 § 15; 1994 c 21 § 1; 1988 c 64 § 24; 1977 ex.s. c 234 § 29.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Clarification of laws—Enforceability of act—Severability—2006 c 360: See notes following RCW 11.108.070.
Conflict with federal requirements—Effective date—1994 c 21: See notes following RCW 43.20B.080.
Application, effective date—Severability—1977 ex.s. c 234:See notes following RCW 11.20.020.
Legislative confirmation of effect of 1994 c 21: RCW 43.20B.090.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.62 - Small Estates—Disposition of Property. › 11.62.020 - Effect of affidavit and proof of death—Discharge and release of transferor—Refusal to pay or deliver—Procedure—False affidavit—Conflicting affidavits—Accountability.

RCW 11.62.020
Effect of affidavit and proof of death—Discharge and release of transferor—Refusal to pay or deliver—Procedure—False affidavit—Conflicting affidavits—Accountability.
The person paying, delivering, transferring, or issuing personal property pursuant to RCW 11.62.010 is discharged and released to the same extent as if such person has dealt with a personal representative of the decedent, unless at the time of such payment, delivery, transfer, or issuance, such person had actual knowledge of the falsity of any statement which is required by RCW 11.62.010(2) as now or hereafter amended to be contained in the successor's affidavit. Such person is not required to see to the application of the personal property, or to inquire into the truth of any matter specified in RCW 11.62.010 (1) or (2), or into the payment of any estate tax liability.
An organization shall not be deemed to have actual knowledge of the falsity of any statement contained in an affidavit made pursuant to RCW 11.62.010(2) as now or hereafter amended until such time as said knowledge shall have been brought to the personal attention of the individual making the transfer, delivery, payment, or issuance of the personal property claimed under RCW 11.62.010 as now or hereafter amended.
If any person to whom an affidavit and proof of death is delivered refuses to pay, deliver, or transfer any personal property, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. If more than one affidavit is delivered with reference to the same personal property, the person to whom an affidavit is delivered may pay, deliver, transfer, or issue any personal property in response to the first affidavit received, provided that proof of death has also been received, or alternately implead such property into court for payment over to the person entitled thereto. Any person to whom payment, delivery, transfer, or issuance of personal property is made pursuant to RCW 11.62.010 as now or hereafter amended is answerable and accountable therefor to any personal representative of the estate of the decedent or to any other person having a superior right thereto.
[ 1990 c 180 § 4; 1977 ex.s. c 234 § 12; 1974 ex.s. c 117 § 5.]
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 11.62 - Small Estates—Disposition of Property. › 11.62.030 - Payment to surviving spouse or surviving domestic partner of moneys on deposit of deceased credit union member—Limitation—Affidavit—Accounting to personal representative.

RCW 11.62.030
Payment to surviving spouse or surviving domestic partner of moneys on deposit of deceased credit union member—Limitation—Affidavit—Accounting to personal representative.
On the death of any member of any credit union organized under chapter 31.12 RCW or federal law, such credit union may pay to the surviving spouse or surviving domestic partner the moneys of such member on deposit to the credit of said deceased member, including moneys deposited as shares in said credit union, in cases where the amount of deposit does not exceed the sum of one thousand dollars, upon receipt of an affidavit from the surviving spouse or surviving domestic partner to the effect that the member died and no executor or administrator has been appointed for the member's estate, and the member had on deposit in said credit union money not exceeding the sum of one thousand dollars. The payment of such deposit made in good faith to the spouse or the domestic partner making the affidavit shall be a full acquittance and release of the credit union for the amount of the deposit so paid.
No probate proceeding shall be necessary to establish the right of said surviving spouse to withdraw said deposits upon the filing of said affidavit: PROVIDED, That whenever a personal representative is appointed in an estate where a withdrawal of deposits has been had in compliance with this section, the spouse so withdrawing said deposits shall account for the same to the personal representative. The credit union may also pay out the moneys on deposit to the credit of the deceased upon presentation of an affidavit as provided in RCW 11.62.010, as now or hereafter amended.
[ 2008 c 6 § 924; 1980 c 41 § 10.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Severability—1980 c 41: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1980 c 41 § 13.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.64 - Partnership Property. › 11.64.002 - Inventory—Appraisement.

RCW 11.64.002
Inventory—Appraisement.
Within three months after receiving written request from the personal representative the surviving partner or partners of the partnership shall furnish the personal representative with a verified inventory of the assets of the partnership. The inventory shall state the value of the assets as shown by the books of the partnership and list the liabilities of the partnership. At the request of the personal representative, the surviving partner or partners shall permit the assets of the partnership to be appraised, which appraisal shall include the value of the assets of the partnership and a list of the liabilities.
[ 1977 ex.s. c 234 § 13; 1965 c 145 § 11.64.002. Prior: 1951 c 197 § 1; prior: (i) 1917 c 156 § 88; RRS § 1458. (ii) 1917 c 156 § 91; RRS § 1461.]
NOTES:
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Inventory of estate to identify decedent's share in partnership: RCW 11.44.015(1)(f).
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.64 - Partnership Property. › 11.64.008 - Surviving partner may continue in possession.

RCW 11.64.008
Surviving partner may continue in possession.
The surviving partner or partners may continue in possession of the partnership estate, pay its debts, and settle its business, and shall account to the personal representative of the decedent and shall pay over such balances as may, from time to time, be payable to him or her.
[ 2010 c 8 § 2054; 1977 ex.s. c 234 § 14; 1965 c 145 § 11.64.008. Prior: 1951 c 197 § 2.]
NOTES:
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.