Title 11, PROBATE AND TRUST LAW

(1) A will, or any part thereof, can be revoked: (a) By a subsequent will that revokes, or partially revokes, the prior will expressly or by inconsistency; or (b) By being burnt, torn, canceled, obliterated, destroyed, or a physical act, with the intent and for the purpose of rev…

(1) If, after making a will, the testator's marriage or domestic partnership is dissolved, invalidated, or terminated, all provisions in the will in favor of or granting any interest or power to the testator's former spouse or former domestic partner are revoked, unless the will …

A bond, covenant, or agreement made for a valuable consideration by a testator to convey any property, devised or bequeathed in any last will previously made, shall not be deemed a revocation of such previous devise or bequest, but such property shall pass by the devise or beques…

When any real or personal property subject to a mortgage is specifically devised, the devisee shall take such property so devised subject to such mortgage unless the will provides that such mortgage be otherwise paid. The term "mortgage" as used in this section shall not include …

(1) If, after making any will, the testator shall execute a later will that wholly revokes the former will, the destruction, cancellation, or revocation of the later will shall not revive the former will, unless it was the testator's intention to revive it. (2) Revocation of a co…

(1) If a will fails to name or provide for a child of the decedent who is born or adopted by the decedent after the will's execution and who survives the decedent, referred to in this section as an "omitted child," the child must receive a portion of the decedent's estate as prov…

(1) If a will fails to name or provide for a spouse or domestic partner of the decedent whom the decedent marries or enters into a domestic partnership after the will's execution and who survives the decedent, referred to in this section as an "omitted spouse" or "omitted domesti…

Unless otherwise provided, when any property shall be given or any appointee appointed under a will, or under a trust of which the decedent is a grantor and which by its terms becomes irrevocable upon or before the grantor's death, to any issue of a grandparent of the decedent an…

(1) If a will makes a gift to a person on the condition that the person survive the testator and the person does not survive the testator, then, unless otherwise provided, the gift lapses and falls into the residue of the estate to be distributed under the residuary clause of the…

(1) An interested witness to a will is one who would receive a gift under the will. (2) A will or any of its provisions is not invalid because it is signed by an interested witness. Unless there are at least two other subscribing witnesses to the will who are not interested witne…

Every devise of land in any will shall be construed to convey all the estate of the devisor therein which he or she could lawfully devise, unless it shall clearly appear by the will that he or she intended to convey a less estate. [ 2010 c 8 s 2013; 1965 c 145 s 11.12.170. Prior:…

The Rule in Shelley's Case is abolished as a rule of law and as a rule of construction. If an applicable statute or a governing instrument calls for a future distribution to or creates a future interest in a designated individual's "heirs," "heirs at law," "next of kin," "relativ…

The Doctrine of Worthier Title is abolished as a rule of law and as a rule of construction. However, the Doctrine of Worthier Title is preserved as a rule of construction if: (1) A grantor has established in inter vivos trust of real property; (2) The grantor has expressly reserv…

Any estate, right or interest in property acquired by the testator after the making of his or her will may pass thereby and in like manner as if title thereto was vested in him or her at the time of making the will, unless the contrary manifestly appears by the will to have been …

No interest shall be allowed or calculated on any devise contained in any will unless such will expressly provides for such interest. [ 1965 c 145 s 11.12.220. Prior: 1917 c 156 s 26; RRS s 1396.]

All courts and others concerned in the execution of last wills shall have due regard to the direction of the will, and the true intent and meaning of the testator, in all matters brought before them. [ 1965 c 145 s 11.12.230. Prior: 1917 c 156 s 45; RRS s 1415; prior: Code 1881 s…

A gift may be made by a will to a trustee of a trust executed by any trustor or testator (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts) if (1) the trust is identified in the testat…

A will may incorporate by reference any writing in existence when the will is executed if the will itself manifests the testator's intent to incorporate the writing and describes the writing sufficiently to permit its identification. In the case of any inconsistency between the w…

(1) A will or a trust of which the decedent is a grantor and which by its terms becomes irrevocable upon or before the grantor's death may refer to a writing that directs disposition of tangible personal property not otherwise specifically disposed of by the will or trust other t…

Any person who has custody or control of any original will and who has not received knowledge of the death of the testator may deliver the will for filing under seal to any court having jurisdiction. The testator may withdraw the original will so filed upon proper identification.…

RCW 11.12.410 through 11.12.491 may be known and cited as the uniform electronic wills act. [ 2021 c 140 s 1001.] Notes: Effective date—2021 c 140 ss 1001-1016: "Sections 1001 through 1016 of this act take effect January 1, 2022." [ 2021 c 140 s 1017.]

The definition in this section applies throughout RCW 11.12.400 through 11.12.491 unless the context clearly requires otherwise. "Sign" means, with present intent to authenticate or adopt a record, to affix to or logically associate with the record an electronic symbol, an electr…

An electronic will is a will for all purposes of the law of this state. The law of this state applicable to wills and principles of equity apply to an electronic will, except as modified by RCW 11.12.400 through 11.12.491. [ 2021 c 140 s 1003.] Notes: Effective date—2021 c 140 ss…

A will executed electronically but not in compliance with RCW 11.12.440(1) is an electronic will under RCW 11.12.400 through 11.12.491 if executed in compliance with the law of the jurisdiction where the testator is: (1) Physically located when the will is signed; or (2) Domicile…

(1) Subject to RCW 11.12.450(4), an electronic will must be: (a) A record that is readable as text at the time of signing under (b) of this subsection; (b) Signed by: (i) The testator; or (ii) Another individual in the testator's name, in the testator's physical presence, and by …

(1) An electronic will may be simultaneously executed, attested, and made self-proving if: (a) The affidavits of the attesting witnesses are affixed to or logically associated with the electronic will; and (b) The qualified custodian maintains custody of the electronic will at al…

(1) The following may serve as a qualified custodian: (a) Any suitable person over the age of 18 years, who is a resident of the state of Washington at the time the electronic will was signed; (b) A trust company regularly organized under the laws of this state and national banks…

(1) The qualified custodian of an electronic will shall, within 30 days after he or she receives knowledge of the death of the testator: (a) Deliver said electronic will to the court having jurisdiction or to the person named in the electronic will as executor; and (b) Make an af…

An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. If the electronic will is made self-proving, the certified paper cop…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [ 2021 c 140 s 1010.] Notes: Effective date—2021 c 140 ss 1001-1016: See note following RCW 11.12.4…

RCW 11.12.400 through 11.12.490 apply to the electronic will of a decedent who dies on or after January 1, 2022. [ 2021 c 140 s 1011.] Notes: Effective date—2021 c 140 ss 1001-1016: See note following RCW 11.12.400.