reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.05A - Uniform Simultaneous Death Act. › 11.05A.050 - Evidence of death or status.

RCW 11.05A.050
Evidence of death or status.
In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply:
(1) Death occurs when an individual is determined to be dead by the attending physician, county coroner, or county medical officer.
(2) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent.
(3) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.
(4) In the absence of prima facie evidence of death under subsection (2) or (3) of this section, the fact of death may be established by clear and convincing evidence, including circumstantial evidence.
(5) An individual whose death is not established under this section who is absent for a continuous period of seven years, during which he or she has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. His or her death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
(6) In the absence of evidence disputing the time of death stipulated on a document described in subsection (2) or (3) of this section, a document described in subsection (2) or (3) of this section that stipulates a time of death one hundred twenty hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by one hundred twenty hours.
[ 2007 c 475 § 11.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.05A - Uniform Simultaneous Death Act. › 11.05A.060 - Exceptions.

RCW 11.05A.060
Exceptions.
This chapter does not apply if:
(1) The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case;
(2) The governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by any specified period or expressly requires the individual to survive the event for a stated period;
(3) The imposition of a one hundred twenty-hour requirement of survival would cause a nonvested property interest or a power of appointment to be invalid under RCW 11.98.130 through 11.98.160; or
(4) The application of this chapter to multiple governing instruments would result in an unintended failure or duplication of a disposition.
[ 2007 c 475 § 12.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.05A - Uniform Simultaneous Death Act. › 11.05A.900 - Application—Construction.

RCW 11.05A.900
Application—Construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
[ 2007 c 475 § 14.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.05A - Uniform Simultaneous Death Act. › 11.05A.904 - Application.

RCW 11.05A.904
Application.
On July 22, 2007:
(1) An act done before July 22, 2007, in any proceeding and any accrued right is not impaired by this chapter. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time that has commenced to run by the provisions of any statute before July 22, 2007, the provisions remain in force with respect to that right; and
(2) Any rule of construction or presumption provided in this chapter applies to instruments executed and multiple-party accounts opened before July 22, 2007, unless there is a clear indication of a contrary intent.
[ 2007 c 475 § 18.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.101 - Property of deceased inmates of state institutions—Disposition after two years.

RCW 11.08.101
Property of deceased inmates of state institutions—Disposition after two years.
Where, upon the expiration of two years after the death of any inmate of any state institution, there remains in the custody of the superintendent of such institution, money or property belonging to said deceased inmate, the superintendent shall forward such money to the state treasurer for deposit in the general fund of the state, and shall report such transfer and any remaining property to the department of corrections, which department shall cause the sale of such property and proceeds thereof shall be forwarded to the state treasurer for deposit in the general fund.
[ 1981 c 136 § 58; 1979 c 141 § 10; 1965 c 145 § 11.08.101. Prior: 1951 c 138 § 1; prior: 1923 c 113 § 1; RRS § 1363-1.]
NOTES:
Effective date—1981 c 136: See RCW 72.09.900.
Abandoned inmate personal property: RCW 63.42.030, 63.42.040.
State institutions: Title 72 RCW.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.111 - Property of deceased inmates of state institutions—Disposition within two years.

RCW 11.08.111
Property of deceased inmates of state institutions—Disposition within two years.
Prior to the expiration of the two-year period provided for in RCW 11.08.101, the superintendent may transfer such money or property in his or her possession, upon request and satisfactory proof submitted to him or her, to the following designated persons:
(1) To the personal representative of the estate of such deceased inmate; or
(2) To the successor or successors defined in RCW 11.62.005, where such money and property does not exceed the amount specified in RCW 6.13.030, and the successor or successors shall have furnished proof of death and an affidavit made by said successor or successors meeting the requirements of RCW 11.62.010; or
(3) In the case of money, to the person who may have deposited such money with the superintendent for the use of the decedent, where the sum involved does not exceed one thousand dollars; or
(4) To the department of social and health services, when there are moneys due and owing from such deceased person's estate for the cost of his or her care and maintenance at a state institution: PROVIDED, That transfer of such money or property may be made to the person first qualifying under this section and such transfer shall exonerate the superintendent from further responsibility relative to such money or property: AND PROVIDED FURTHER, That upon satisfactory showing the funeral expenses of such decedent are unpaid, the superintendent may pay up to one thousand dollars from said deceased inmate's funds on said obligation.
[ 2010 c 8 § 2006; 1990 c 225 § 2; 1973 1st ex.s. c 76 § 1; 1965 c 145 § 11.08.111. Prior: 1959 c 240 § 1; 1951 c 138 § 2.]
NOTES:
Abandoned inmate personal property: RCW 63.42.030, 63.42.040.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.120 - Property of deceased inmates of state institutions—Sale—Disposition of proceeds.

RCW 11.08.120
Property of deceased inmates of state institutions—Sale—Disposition of proceeds.
The property, other than money, of such deceased inmate remaining in the custody of a superintendent of a state institution after the expiration of the above two-year period may be forwarded to the department of corrections at its request and may be appraised and sold at public auction to the highest bidder in the manner and form as provided for public sales of personal property, and all moneys realized upon such sale, after deducting the expenses thereof, shall be paid into the general fund of the state treasury.
[ 1981 c 136 § 59; 1979 c 141 § 11; 1965 c 145 § 11.08.120. Prior: 1951 c 138 § 3; prior: 1923 c 113 § 2; RRS § 1363-2.]
NOTES:
Effective date—1981 c 136: See RCW 72.09.900.
Abandoned inmate personal property: RCW 63.42.030, 63.42.040.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.140 - Escheat for want of heirs.

RCW 11.08.140
Escheat for want of heirs.
Whenever any person dies, whether a resident of this state or not, leaving property subject to the jurisdiction of this state and without being survived by any person entitled to the same under the laws of this state, such property shall be designated escheat property and shall be subject to the provisions of RCW 11.08.140 through 11.08.280.
[ 1965 c 145 § 11.08.140. Prior: 1955 c 254 § 2.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.150 - Title to property vests in state at death of owner.

RCW 11.08.150
Title to property vests in state at death of owner.
Title to escheat property, which shall include any intangible personalty, shall vest in the state at the death of the owner thereof.
[ 1965 c 145 § 11.08.150. Prior: 1955 c 254 § 3.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.160 - Department of revenue—Jurisdiction—Duties.

RCW 11.08.160
Department of revenue—Jurisdiction—Duties.
The department of revenue of this state shall have supervision of and jurisdiction over escheat property and may institute and prosecute any proceedings, including any proceeding under chapter 11.62 RCW, deemed necessary or proper in the handling of such property, and it shall be the duty of the department of revenue to protect and conserve escheat property for the benefit of the permanent common school fund of the state until such property or the proceeds thereof have been forwarded to the state treasurer or the department of natural resources as hereinafter provided.
[ 1988 c 128 § 1; 1988 c 64 § 23; 1975 1st ex.s. c 278 § 1; 1965 c 145 § 11.08.160. Prior: 1955 c 254 § 4.]
NOTES:
Reviser's note: This section was amended by 1988 c 64 § 23 and by 1988 c 128 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—1975 1st ex.s. c 278: "If any provision of this 1975 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." [ 1975 1st ex.s. c 278 § 215.]
Construction—1975 1st ex.s. c 278: "The legislature hereby reaffirms its singular intent under this amendatory act to change the designation of the state tax commission to the department of revenue or the board of tax appeals, as the case may be, and to make explicit its intent that no rights, duties, obligations or benefits, of whatsoever kind, are to be construed as changed as a result of the enactment hereof." [ 1975 1st ex.s. c 278 § 217.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.170 - Probate of escheat property—Notice to department of revenue.

RCW 11.08.170
Probate of escheat property—Notice to department of revenue.
Escheat property may be probated under the provisions of the probate laws of this state. Whenever such probate proceedings are instituted, whether by special administration or otherwise, the petitioner shall promptly notify the department of revenue in writing thereof on forms furnished by the department of revenue to the county clerks. Thereafter, the department of revenue shall be served with written notice at least twenty days prior to any hearing on proceedings involving the valuation or sale of property, on any petition for the allowance of fees, and on all interim reports, final accounts or petitions for the determination of heirship. Like notice shall be given of the presentation of any claims to the court for allowance. Failure to furnish such notice shall be deemed jurisdictional and any order of the court entered without such notice shall be void. The department of revenue may waive the provisions of this section in its discretion. The department shall be deemed to have waived its right to administer in such probate proceedings under RCW 11.28.120(5) unless application for appointment of the director or the director's designee is made within forty days immediately following receipt of notice of institution of proceedings.
[ 1994 c 221 § 3; 1990 c 225 § 1; 1975 1st ex.s. c 278 § 2; 1965 c 145 § 11.08.170. Prior: 1955 c 254 § 5.]
NOTES:
Effective dates—1994 c 221: See note following RCW 11.100.035.
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.180 - Department of revenue to be furnished copies of documents and pleadings.

RCW 11.08.180
Department of revenue to be furnished copies of documents and pleadings.
The department of revenue may demand copies of any papers, documents, or pleadings involving the escheat property or the probate thereof deemed by it to be necessary for the enforcement of RCW 11.08.140 through 11.08.280 and it shall be the duty of the administrator or his or her attorney to furnish such copies to the department.
[ 2010 c 8 § 2007; 1975 1st ex.s. c 278 § 3; 1965 c 145 § 11.08.180. Prior: 1955 c 254 § 6.]
NOTES:
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.185 - Escheat property—Records of department of revenue—Public record information.

RCW 11.08.185
Escheat property—Records of department of revenue—Public record information.
All records of the department of revenue relating to escheated property or property about to escheat shall be a public record and shall be made available by the department of revenue for public inspection. Without limitation, the records to be made public shall include all available information regarding possible heirs, descriptions and amounts of property escheated or about to escheat, and any information which might serve to identify the proper heirs.
[ 1973 c 25 § 1.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.200 - Liability for use of escheated property.

RCW 11.08.200
Liability for use of escheated property.
If any person shall take possession of escheat property without proper authorization to do so, and shall have the use thereof for a period exceeding sixty days, he or she shall be liable to the state for the reasonable value of such use, payment of which may be enforced by the department of revenue or by the administrator of the estate.
[ 2010 c 8 § 2008; 1975 1st ex.s. c 278 § 4; 1965 c 145 § 11.08.200. Prior: 1955 c 254 § 8.]
NOTES:
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.205 - Lease, sublease, or rental of escheated real property—Authorized—Expenses—Distribution of proceeds.

RCW 11.08.205
Lease, sublease, or rental of escheated real property—Authorized—Expenses—Distribution of proceeds.
(1) The department of natural resources shall have the authority to lease real property from the administrator of an estate being probated under the escheat provisions, RCW 11.08.140 to 11.08.280.
(2) The department of natural resources shall have the authority to sublease or rent the real property, it has leased under subsection (1) of this section, during the period that the real property is under the authority of the court appointed administrator.
(3) Any moneys gained by the department of natural resources from leases or rentals shall be credited to an escheat reserve account bearing the name of the estate.
(4) The department of natural resources shall have the authority to expend moneys to preserve and maintain the real property during the probate period.
(5) Any expenses by the department of natural resources in preserving or maintaining the real property may be paid as follows:
(a) First, the expenses shall be charged to the escheat reserve account bearing the name of the estate; and
(b) Second, if the expenses exceed the escheat reserve account, then the expenses shall be paid as follows:
(i) If the land is distributed to the state by the administrator, the expenses shall be paid out of the sale price of the land as later sold by the department of natural resources, or shall be paid out of the general fund if the land is held for use by the state; or
(ii) If the land is distributed to the heirs by the administrator, the expenses shall be borne by the estate.
(6) Upon the final distribution of the real property, the escheat reserve account shall be closed out as follows:
(a) If the real property is distributed to the state, the balance of the account shall be paid into the permanent common school fund of the state; or
(b) If the real property is distributed to the heirs, the balance of the account shall be paid to the estate.
[ 1969 ex.s. c 249 § 1.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.210 - Allowance of claims, expenses, partial fees—Sale of property—Decree of distribution.

RCW 11.08.210
Allowance of claims, expenses, partial fees—Sale of property—Decree of distribution.
If at the expiration of four months from the date of the first publication of notice to creditors no heirs have appeared and established their claim to the estate, the court may enter an interim order allowing claims, expenses, and partial fees. If at the expiration of ten months from the date of issuance of letters testamentary or of administration no heirs have appeared and established their claim to the estate, all personal property not in the form of cash shall be sold under order of the court. Personal property found by the court to be worthless shall be ordered abandoned. Real property shall not be sold for the satisfaction of liens thereon, or for the payment of the debts of decedent or expenses of administration until the proceeds of the personal property are first exhausted. The court shall then enter a decree allowing any additional fees and charges deemed proper and distributing the balance of the cash on hand, together with any real property, to the state. Remittance of cash on hand shall be made to the department of revenue which shall make proper records thereof and forthwith forward such funds to the state treasurer for deposit in the permanent common school fund of the state.
[ 1979 ex.s. c 209 § 19; 1975 1st ex.s. c 278 § 5; 1965 c 145 § 11.08.210. Prior: 1955 c 254 § 9.]
NOTES:
Effective date—Applicability—1979 ex.s. c 209: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions; shall take effect immediately; and shall be effective with respect to persons dying after the effective date of this act." [ 1979 ex.s. c 209 § 52.] The effective date of 1979 ex.s. c 209 was May 29, 1979.
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.220 - Certified copies of decree—Department of natural resources duties.

RCW 11.08.220
Certified copies of decree—Department of natural resources duties.
The department of revenue shall be furnished two certified copies of the decree of the court distributing any real property to the state, one of which shall be forwarded to the department of natural resources which shall thereupon assume supervision of and jurisdiction over such real property and thereafter handle it the same as state common school lands. The administrator shall also file a certified copy of the decree with the auditor of any county in which the escheated real property is situated.
[ 1988 c 128 § 2; 1975 1st ex.s. c 278 § 6; 1965 c 145 § 11.08.220. Prior: 1957 c 125 § 1; 1955 c 254 § 10.]
NOTES:
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Management of acquired lands by department of natural resources: RCW 79.10.030.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.230 - Appearance and claim of heirs—Notices to department of revenue.

RCW 11.08.230
Appearance and claim of heirs—Notices to department of revenue.
Upon the appearance of heirs and the establishment of their claim to the satisfaction of the court prior to entry of the decree of distribution to the estate, the provisions of RCW 11.08.140 through 11.08.280 shall not further apply, except for purposes of appeal: PROVIDED, That the department of revenue shall be promptly given written notice of such appearance by the claimants and furnished copies of all papers or documents on which such claim of heirship is based. Any documents in a foreign language shall be accompanied by translations made by a properly qualified translator, certified by him or her to be true and correct translations of the original documents. The administrator or his or her attorney shall also furnish the department of revenue with any other available information bearing on the validity of the claim.
[ 2010 c 8 § 2009; 1975 1st ex.s. c 278 § 7; 1965 c 145 § 11.08.230. Prior: 1955 c 254 § 11.]
NOTES:
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.240 - Limitation on filing claim.

RCW 11.08.240
Limitation on filing claim.
Any claimant to escheated funds or real property shall have seven years from the date of issuance of letters testamentary or of administration within which to file his or her claim. Such claim shall be filed with the court having original jurisdiction of the estate, and a copy thereof served upon the department of revenue, together with twenty days notice of the hearing thereon.
[ 2010 c 8 § 2010; 1975 1st ex.s. c 278 § 8; 1965 c 145 § 11.08.240. Prior: 1955 c 254 § 12.]
NOTES:
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.250 - Order of court on establishment of claim—Parklands—Appraisal.

RCW 11.08.250
Order of court on establishment of claim—Parklands—Appraisal.
Upon establishment of the claim to the satisfaction of the court, it shall order payment to the claimant of any escheated funds and delivery of any escheated land, or the proceeds thereof, if sold. If, however, the escheated property shall have been transferred to the state parks and recreation commission or local jurisdiction for park purposes, the court shall order payment to the claimant for the fair market value of the property at the time of transfer, excluding the value of physical improvements to the property while managed by a state agency or local jurisdiction. The value shall be established by independent appraisal obtained by the department of revenue.
[ 1993 c 49 § 2; 1965 c 145 § 11.08.250. Prior: 1955 c 254 § 13.]
NOTES:
Parkland: RCW 79.10.030.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.260 - Payment of escheated funds to claimant.

RCW 11.08.260
Payment of escheated funds to claimant.
In the event the order of the court requires the payment of escheated funds or the proceeds of the sale of escheated real property or the appraised value of escheated property transferred for park purposes, a certified copy of such order shall be served upon the department of revenue which shall thereupon take any steps necessary to effect payment to the claimant out of the general fund of the state.
[ 1993 c 49 § 3; 1975 1st ex.s. c 278 § 9; 1965 c 145 § 11.08.260. Prior: 1955 c 254 § 14.]
NOTES:
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.270 - Conveyance of escheated property to claimant.

RCW 11.08.270
Conveyance of escheated property to claimant.
In the event the order of the court requires the delivery of real property to the claimant, a certified copy of such order shall be served upon the department of natural resources which shall thereupon make proper certification to the office of the governor for issuance of a quitclaim deed for the property to the claimant.
[ 1988 c 128 § 3; 1965 c 145 § 11.08.270. Prior: 1955 c 254 § 15.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.280 - Limitation when claimant is minor or incompetent not under guardianship.

RCW 11.08.280
Limitation when claimant is minor or incompetent not under guardianship.
The claims of any persons to escheated funds or real property which are not filed within seven years as specified above are forever barred, excepting as to those persons who are minors or who are legally incompetent and not under guardianship, in which event the claim may be filed within seven years after their disability is removed.
[ 1965 c 145 § 11.08.280. Prior: 1955 c 254 § 16.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.290 - Deposit of cash received by personal representative of escheat estate.

RCW 11.08.290
Deposit of cash received by personal representative of escheat estate.
All cash received by the personal representative of an escheat estate shall be immediately deposited at interest for the benefit of the estate in a federally insured time or savings deposit or share account, except that the personal representative may maintain an amount not to exceed two hundred fifty dollars in a checking account. This arrangement may be changed by appropriate court order.
[ 1979 ex.s. c 209 § 18.]
NOTES:
Effective date—Applicability—1979 ex.s. c 209: See note following RCW 11.08.210.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.08 - Escheats. › 11.08.300 - Transfer of property to department of revenue.

RCW 11.08.300
Transfer of property to department of revenue.
Escheat property may be transferred to the department of revenue under the provisions of RCW 11.62.005 through 11.62.020. The department of revenue shall furnish proof of death and an affidavit made by the department which meets the requirements of RCW 11.62.010 to any person who is indebted to or has possession of any personal property belonging to the decedent or to the decedent and his or her surviving spouse or surviving domestic partner as a community, which debt or personal property is an asset which is subject to probate. Upon receipt of such proof of death and affidavit, the person shall pay the indebtedness or deliver the personal property, or as much of either as is claimed, to the department of revenue pursuant to RCW 11.62.010.
The department of revenue shall file a copy of its affidavit made pursuant to chapter 11.62 RCW with the clerk of the court where any probate administration of the decedent has been commenced, or, if no probate administration has been commenced, then with the clerk of the court of any county provided by law as a place for probate administration of the estate of such person. The affidavit shall be indexed under the name of the decedent in the probate index upon payment of a fee of two dollars. Any claimant to escheated funds shall have seven years from the filing of the affidavit by the department of revenue within which to file the claim. The claim shall be filed with the clerk of the court where the affidavit of the department of revenue was filed, and a copy served upon the department of revenue, together with twenty days notice of a hearing to be held thereon, and the provisions of RCW 11.08.250 through 11.08.280 shall apply.
[ 2008 c 6 § 907; 1990 c 225 § 3.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.10 - Abatement of Assets. › 11.10.010 - Abatement—Generally.

RCW 11.10.010
Abatement—Generally.
(1) Except as provided in subsection (2) of this section, property of a decedent abates, without preference as between real and personal property, in the following order:
(a) Intestate property;
(b) Residuary gifts;
(c) General gifts;
(d) Specific gifts.
For purposes of abatement a demonstrative gift, defined as a general gift charged on any specific property or fund, is deemed a specific gift to the extent of the value of the property or fund on which it is charged, and a general gift to the extent of a failure or insufficiency of that property or fund. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.
(2) If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (1) of this section, a gift abates as may be found necessary to give effect to the intention of the testator.
(3) If the subject of a preferred gift is sold, diminished, or exhausted incident to administration, not including satisfaction of debts or liabilities according to their community or separate status under RCW 11.10.030, abatement must be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.
(4) To the extent that the whole of the community property is subject to abatement, the shares of the decedent and of the surviving spouse or surviving domestic partner in the community property abate equally.
(5) If required under RCW 11.10.040, nonprobate assets must abate with those disposed of under the will and passing by intestacy.
[ 2008 c 6 § 908; 1994 c 221 § 5.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Effective dates—1994 c 221: See note following RCW 11.100.035.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.10 - Abatement of Assets. › 11.10.020 - Gift from mixed separate and community property.

RCW 11.10.020
Gift from mixed separate and community property.
To the extent that a gift is to be satisfied out of a source that consists of both separate and community property, unless otherwise indicated in the will it is presumed to be a gift from separate and community property in proportion to their relative value in the property or fund from which the gift is to be satisfied.
[ 1994 c 221 § 6.]
NOTES:
Effective dates—1994 c 221: See note following RCW 11.100.035.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.10 - Abatement of Assets. › 11.10.030 - Allocation of separate and community assets.

RCW 11.10.030
Allocation of separate and community assets.
(1) A community debt or liability is charged against the entire community property, with the surviving spouse's or surviving domestic partner's half and the decedent spouse's or decedent domestic partner's half charged equally.
(2) A separate debt or liability is charged first against separate property, and if that is insufficient against the balance of decedent's half of community property remaining after community debts and liabilities are satisfied.
(3) A community debt or liability that is also the separate debt or liability of the decedent is charged first against the whole of the community property and then against the decedent's separate property.
(4) An expense of administration is charged against the separate property and the decedent's half of the community property in proportion to the relative value of the property, unless a different charging of expenses is shown to be appropriate under the circumstances including against the surviving spouse's or surviving domestic partner's share of the community property.
(5) Property of a similar type, community or separate, is appropriated in accordance with the abatement priorities of RCW 11.10.010.
(6) Property that is primarily chargeable for a debt or liability is exhausted, in accordance with the abatement priorities of RCW 11.10.010, before resort is had, also in accordance with RCW 11.10.010, to property that is secondarily chargeable.
[ 2008 c 6 § 931; 1994 c 221 § 7.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Effective dates—1994 c 221: See note following RCW 11.100.035.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.10 - Abatement of Assets. › 11.10.040 - Nonprobate assets.

RCW 11.10.040
Nonprobate assets.
(1) If abatement is necessary among takers of a nonprobate asset, the court shall adopt the abatement order and limitations set out in RCW 11.10.010, 11.10.020, and 11.10.030, assigning categories in accordance with subsection (2) of this section.
(2) A nonprobate transfer must be categorized for purposes of abatement, within the list of priorities set out in RCW 11.10.010(1), as follows:
(a) All nonprobate forms of transfer under which an identifiable nonprobate asset passes to a beneficiary or beneficiaries on the event of the decedent's death, such as, but not limited to, joint tenancies and payable-on-death accounts, are categorized as specific bequests.
(b) With respect to all other interests passing under nonprobate forms of transfer, each must be categorized in the manner that is most closely comparable to the nature of the transfer of that interest.
(3) If and to the extent that a nonprobate asset is subject to the same obligations as are assets disposed of under the decedent's will, the nonprobate assets abate ratably with the probate assets, within the categories set out in subsection (2) of this section.
(4) If the nonprobate instrument of transfer or the decedent's will expresses a different order of abatement, or if the decedent's overall dispositive plan or the express or implied purpose of the transfer would be defeated by the order of abatement stated in subsections (1) through (3) of this section, the nonprobate assets abate as may be found necessary to give effect to the intention of the decedent.
[ 1994 c 221 § 8.]
NOTES:
Effective dates—1994 c 221: See note following RCW 11.100.035.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.10 - Abatement of Assets. › 11.10.900 - Application of chapter.

RCW 11.10.900
Application of chapter.
This chapter applies in all instances in which no other abatement scheme is expressly provided.
[ 1994 c 221 § 4.]
NOTES:
Effective dates—1994 c 221: See note following RCW 11.100.035.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.11 - Testamentary Disposition of Nonprobate Assets Act. › 11.11.003 - Purposes.

RCW 11.11.003
Purposes.
The purposes of this chapter are to:
(1) Enhance and facilitate the power of testators to control the disposition of assets that pass outside their wills;
(2) Provide simple procedures for resolution of disputes regarding entitlement to such assets; and
(3) Protect any financial institution or other third party having possession of or control over such an asset and transferring it to a beneficiary duly designated by the testator, unless that third party has been provided notice of a testamentary disposition as required in this chapter.
[ 1998 c 292 § 102.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.11 - Testamentary Disposition of Nonprobate Assets Act. › 11.11.005 - Construction.

RCW 11.11.005
Construction.
(1) When construing sections and provisions of this chapter, the sections and provisions must:
(a) Be liberally construed and applied to promote the purposes of this chapter;
(b) Be considered part of a general act that is intended as unified coverage of the subject matter, and no part of this chapter may be deemed impliedly repealed by subsequent legislation if the construction can be reasonably avoided;
(c) Not be held invalid because of the invalidity of other sections or provisions of this chapter as long as the section or provision in question can be given effect without regard to the invalid section or provision, and to this end the sections or provisions of this chapter are severable;
(d) Not be construed by reference to section or subsection headings as used in this chapter, since these do not constitute any part of the law;
(e) Not be deemed to alter the community or separate property nature of any asset passing outside a testator's will or any individual's community or separate rights to the asset, and a testator's community or separate property rights to the asset are not affected by whether it passes outside the will or, under this chapter, by disposition under the will; and
(f) Not be construed as authorizing or extending the authority of any financial institution or other third party to sell or otherwise create assets that would pass outside a testator's will upon such terms as would contravene any other applicable federal or state law.
(2) The sections and provisions of this chapter apply to an owner who dies while a resident of this state on or after July 1, 1999, and to a nonprobate asset the disposition of which on the death of the owner would otherwise be governed by the law of this state.
[ 1998 c 292 § 103.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.11 - Testamentary Disposition of Nonprobate Assets Act. › 11.11.007 - Intent—Controversies between beneficiaries and testamentary beneficiaries.

RCW 11.11.007
Intent—Controversies between beneficiaries and testamentary beneficiaries.
This chapter is intended to establish ownership rights to nonprobate assets upon the death of the owner, as between beneficiaries and testamentary beneficiaries. This chapter is relevant only as to controversies between these persons, and has no bearing on the right of a person to transfer a nonprobate asset under its terms in the absence of a testamentary provision under this chapter.
[ 1998 c 292 § 107.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.11 - Testamentary Disposition of Nonprobate Assets Act. › 11.11.020 - Disposition of nonprobate assets under will.

RCW 11.11.020
Disposition of nonprobate assets under will.
(1) Subject to community property rights, upon the death of an owner the owner's interest in any nonprobate asset specifically referred to in the owner's will belongs to the testamentary beneficiary named to receive the nonprobate asset, notwithstanding the rights of any beneficiary designated before the date of the will.
(2) A general residuary gift in an owner's will, or a will making general disposition of all of the owner's property, does not entitle the devisees or legatees to receive nonprobate assets of the owner.
(3) A disposition in a will of the owner's interest in "all nonprobate assets" or of all of a category of nonprobate asset under RCW 11.11.010(7), such as "all of my payable on death bank accounts" or similar language, is deemed to be a disposition of all the nonprobate assets the beneficiaries of which are designated before the date of the will.
(4) If the owner designates a beneficiary for a nonprobate asset after the date of the will, the specific provisions in the will that attempt to control the disposition of that asset do not govern the disposition of that nonprobate asset, even if the subsequent beneficiary designation is later revoked. If the owner revokes the later beneficiary designation, and there is no other provision controlling the disposition of the asset, the asset shall be treated as any other general asset of the owner's estate, subject to disposition under the other applicable provisions of the will. A beneficiary designation with respect to an asset that renews without the signature of the owner is deemed to have been made on the date on which the account was first opened.
[ 2006 c 203 § 1; 1998 c 292 § 105.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.11 - Testamentary Disposition of Nonprobate Assets Act. › 11.11.030 - Waiver of right to dispose of a nonprobate asset under will—Revocation of waiver.

RCW 11.11.030
Waiver of right to dispose of a nonprobate asset under will—Revocation of waiver.
An owner may waive the right to dispose of a specific nonprobate asset by will under this chapter, with or without consideration, by a written instrument signed by the owner and delivered to the financial institution or other third party, including but not limited to signature cards or deposit agreements. The waiver is revocable by written instrument delivered to the financial institution or other third party unless the owner has stated that the waiver is to be irrevocable.
[ 1998 c 292 § 106.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.11 - Testamentary Disposition of Nonprobate Assets Act. › 11.11.040 - Right to rely on form of nonprobate asset—Discharge of financial institution or other third party.

RCW 11.11.040
Right to rely on form of nonprobate asset—Discharge of financial institution or other third party.
In transferring nonprobate assets, a personal representative, a financial institution, or other third party may rely conclusively and entirely upon the form of the nonprobate asset and the terms of the nonprobate asset arrangement in effect on the date of death of the owner, and a personal representative or third party may rely on information provided by a financial institution or other party who has possession or control of a nonprobate asset concerning the form of the nonprobate asset and the terms of the nonprobate asset arrangement in effect on the date of death of the owner, unless the personal representative, financial institution, or other third party has actual knowledge of the existence of a claim by a testamentary beneficiary. A financial institution or other third party is not required to inquire as to either the source or ownership of any nonprobate asset in its possession or under its control, or as to the proposed application of an asset so transferred. A transfer of a nonprobate asset in accordance with this section constitutes a complete release and discharge of the financial institution or other third party from all claims relating to the nonprobate asset, regardless of whether or not the transfer is consistent with the actual ownership of the nonprobate asset.
[ 2006 c 203 § 2; 1998 c 292 § 108.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.11 - Testamentary Disposition of Nonprobate Assets Act. › 11.11.060 - Vesting of rights and powers under chapter.

RCW 11.11.060
Vesting of rights and powers under chapter.
The right to provide notice under RCW 11.11.050 and the entitlement of the testamentary beneficiary to the nonprobate asset vest immediately upon death of the owner. The power of the personal representative to direct the financial institution or other third party having the nonprobate asset in its possession or under its control to transfer or otherwise dispose of the asset arises upon the later of appointment of the personal representative or admission of the will to probate.
[ 1998 c 292 § 110.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.11 - Testamentary Disposition of Nonprobate Assets Act. › 11.11.070 - Ownership rights as between individuals preserved—Testamentary beneficiary may recover nonprobate asset from beneficiary—Limitation on action to recover.

RCW 11.11.070
Ownership rights as between individuals preserved—Testamentary beneficiary may recover nonprobate asset from beneficiary—Limitation on action to recover.
(1) The protection accorded to financial institutions and other third parties under RCW 11.11.040 has no bearing on the actual rights of ownership to nonprobate assets as between beneficiaries and testamentary beneficiaries, and their heirs, successors, personal representatives, and assigns.
(2) A testamentary beneficiary entitled to a nonprobate asset otherwise transferred to a beneficiary not so entitled, and a personal representative of the owner's estate on behalf of the testamentary beneficiary, may petition the superior court having jurisdiction over the owner's estate for an order declaring that the testamentary beneficiary is so entitled, the hearing of the petition to be held in accordance with *chapter 11.96 RCW.
(3) A testamentary beneficiary claiming a nonprobate asset who has not filed such a petition within the earlier of: (a) Six months from the date of admission of the will to probate; and (b) one year from the date of the owner's death, shall be forever barred from making such a claim or commencing such an action.
[ 1998 c 292 § 111.]
NOTES:
*Reviser's note: Chapter 11.96 RCW was repealed by 1999 c 42 § 637, effective January 1, 2000.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.11 - Testamentary Disposition of Nonprobate Assets Act. › 11.11.080 - Nonprobate assets not property of estate—Effect of notice on administration—Effect of preceding death of devisee or legatee.

RCW 11.11.080
Nonprobate assets not property of estate—Effect of notice on administration—Effect of preceding death of devisee or legatee.
(1) Notwithstanding any provision of this chapter, a nonprobate asset disposed of under the owner's will may not be treated as a part of the owner's probate estate for any other purpose under this title, unless:
(a) The nonprobate asset is subject to liabilities and claims, estate taxes, and expenses of administration under RCW 11.18.200; or
(b) Any section of this title directs otherwise, by specifically referring to this section.
(2) Provision of notice under this chapter has no effect on the administration of other assets of the estate of the owner. The personal representative has no duty to administer upon a nonprobate asset because of providing the notice, unless specifically required by this chapter or under RCW 11.18.200.
(3) RCW 11.12.110, regarding death of a devisee or legatee before the testator, does not apply to disposition of a nonprobate asset under a will.
[ 1998 c 292 § 112.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.11 - Testamentary Disposition of Nonprobate Assets Act. › 11.11.090 - Transfer of nonprobate asset to testamentary beneficiary.

RCW 11.11.090
Transfer of nonprobate asset to testamentary beneficiary.
(1) A financial institution's or third party's obligation to transfer a nonprobate asset to a testamentary beneficiary arises only after it has actual knowledge of the claim of the testamentary beneficiary, and after receiving written direction from the personal representative of the owner's estate, or if the personal representative consents in writing, from the testamentary beneficiary, to make the transfer. The financial institution may also require that its customary procedures be followed in effectuating a transfer of the nonprobate asset.
(2) Subject to subsection (1) of this section, financial institutions and other third parties may transfer a nonprobate asset that has not already been distributed to the testamentary beneficiary entitled to the nonprobate asset under the owner's will, subject to liabilities and claims, estate taxes, and expenses of administration under RCW 11.18.200.
[ 1998 c 292 § 113.]