Title 11 — Title 11 PROBATE AND TRUST LAW
52 chapters · 970 sections in this title.
RCW 11.28.010 Letters to executors—Refusal to serve—Disqualification.
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After the entry of an order admitting a will to probate and appointing a personal representative, or personal representatives, letters testamentary shall be granted to the persons therein appointed executors. If a part of the persons thus appointed refuse to act, or be disqualifi…
RCW 11.28.020 Objections to appointment.
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Any person interested in a will may file objections in writing to the granting of letters testamentary to the persons named as executors, or any of them, and the objection shall be heard and determined by the court.[ 1965 c 145 s 11.28.020. Prior: 1917 c 156 s 47; RRS s 1417; pri…
RCW 11.28.030 Community property—Who entitled to letters—Waiver.
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A surviving spouse or surviving domestic partner shall be entitled to administer upon the community property, notwithstanding any provisions of the will to the contrary, if the court find such spouse or such domestic partner to be otherwise qualified; but if such surviving spouse…
RCW 11.28.040 Procedure during minority or absence of executor.
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If the executor be a minor or absent from the state, letters of administration with the will annexed shall be granted, during the time of such minority or absence, to some other person unless there be another executor who shall accept the trust, in which case the estate shall be …
RCW 11.28.050 Powers of remaining executors on removal of associate.
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When any of the executors named shall not qualify or having qualified shall become disqualified or be removed, the remaining executor or executors shall have the authority to perform every act and discharge every trust required by the will, and their acts shall be effectual for e…
RCW 11.28.060 Administration with will annexed on death of executor.
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No executor of an executor shall, as such, be authorized to administer upon the estate of the first testator, but on the death of the sole or surviving executor of any last will, letters of administration with the will annexed, on the estate of the first testator left unadministe…
RCW 11.28.070 Authority of administrator with will annexed.
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Administrators with the will annexed shall have the same authority as the executor named in the will would have had, and their acts shall be as effectual for every purpose: PROVIDED, That they shall not lease, mortgage, pledge, exchange, sell, or convey any real or personal prope…
RCW 11.28.085 Records and certification of letters—Record of bonds.
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See RCW 36.23.030.
RCW 11.28.090 Execution and form of letters testamentary.
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Letters testamentary to be issued to executors under the provisions of this chapter shall be signed by the clerk, and issued under the seal of the court, and may be in the following form:State of Washington, county of . . . . . .In the superior court of the county of . . . . . .W…
RCW 11.28.100 Form of letters with will annexed.
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Letters of administration with the will annexed shall be in substantially the same form as provided for letters testamentary.[ 1965 c 145 s 11.28.100. Prior: 1917 c 156 s 60; RRS s 1430; prior: Code 1881 s 1387; 1863 p 219 s 121.]
RCW 11.28.110 Application for letters of administration or adjudication of intestacy and heirship.
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*** CHANGE IN 2026 *** (SEE 2445.SL) ***Application for letters of administration, or, application for an adjudication of intestacy and heirship without the issuance of letters of administration shall be made by petition in writing, signed and verified by the applicant or his or …
RCW 11.28.120 Persons entitled to letters.
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*** CHANGE IN 2026 *** (SEE 2445.SL) ***Administration of an estate if the decedent died intestate or if the personal representative or representatives named in the will declined or were unable to serve shall be granted to some one or more of the persons hereinafter mentioned, an…
RCW 11.28.131 Hearing on petition—Appointment—Issuance of letters—Notice to surviving spouse or surviving domestic partner.
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When a petition for general letters of administration or for letters of administration with the will annexed shall be filed, the matter may be heard forthwith, appointment made and letters of administration issued: PROVIDED, That if there be a surviving spouse or surviving domest…
RCW 11.28.140 Form of letters of administration.
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Letters of administration shall be signed by the clerk, and be under the seal of the court, and may be substantially in the following form:State of Washington, County of . . . . . .Whereas, A.B., late of . . . . . . on or about the . . . . day of . . . . . . A.D. (year) . . . . d…
RCW 11.28.150 Revocation of letters by discovery of will.
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If after letters of administration are granted a will of the deceased be found and probate thereof be granted, the letters shall be revoked and letters testamentary or of administration with the will annexed, shall be granted.[ 1965 c 145 s 11.28.150. Prior: 1917 c 156 s 51; RRS …
RCW 11.28.160 Cancellation of letters of administration.
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The court appointing any personal representative shall have authority for any cause deemed sufficient, to cancel and annul such letters and appoint other personal representatives in the place of those removed.[ 1965 c 145 s 11.28.160. Prior: 1917 c 156 s 52; RRS s 1422.]Notes:Rev…
RCW 11.28.170 Oath of personal representative.
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Before letters testamentary or of administration are issued, each personal representative or an officer of a bank or trust company qualified to act as a personal representative, must take and subscribe an oath, before some person authorized to administer oaths, that the duties of…
RCW 11.28.185 Bond or other security of personal representative—When not required—Waiver—Corporate trustee—Additional bond—Reduction—Other security.
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*** CHANGE IN 2026 *** (SEE 2445.SL) ***When the terms of the decedent's will manifest an intent that the personal representative appointed to administer the estate shall not be required to furnish bond or other security, or when the personal representative is the surviving spous…
RCW 11.28.190 Examination of sureties—Additional security—Costs.
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Before the judge approves any bond required under this chapter, and after its approval, he or she may, of his or her own motion, or upon the motion of any person interested in the estate, supported by affidavit that the sureties, or some one or more of them, are not worth as much…
RCW 11.28.210 New or additional bond.
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Any person interested may at any time by verified petition to the court, or otherwise, complain of the sufficiency of any bond or sureties thereon, and the court may upon such petition, or upon its own motion, and with or without hearing upon the matter, require the personal repr…
RCW 11.28.220 Persons disqualified as sureties.
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No judge of the superior court, no sheriff, clerk of a court, or deputy of either, and no attorney-at-law shall be taken as surety on any bond required to be taken in any proceeding in probate.[ 1965 c 145 s 11.28.220. Prior: 1917 c 156 s 71; RRS s 1441; prior: 1891 p 383 s 14; C…
RCW 11.28.230 Bond not void for want of form—Successive recoveries.
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No bond required under the provisions of this chapter, and intended as such bond, shall be void for want of form, recital or condition; nor shall the principal or surety on such account be discharged, but all the parties thereto shall be held and bound to the full extent contempl…
RCW 11.28.235 Limitation of action against sureties.
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All actions against sureties shall be commenced within six years after the revocation or surrender of letters of administration or death of the principal.[ 1965 c 145 s 11.28.235. Prior: 1917 c 156 s 80; RCW 11.28.310; RRS s 1450; prior: 1891 p 385 s 21; Code 1881 s 1431; 1854 p …
RCW 11.28.237 Notice of appointment as personal representative, pendency of probate—Proof by affidavit.
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*** CHANGE IN 2026 *** (SEE 2445.SL) ***(1) Within twenty days after appointment, the personal representative of the estate of a decedent shall cause written notice of his or her appointment and the pendency of said probate proceedings, to be served personally or by mail to each …
RCW 11.28.238 Notice of appointment as personal representative—Notice to department of revenue.
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Duty of personal representative to notify department of revenue of administration; personal liability for taxes upon failure to give notice: See RCW 82.32.240.
RCW 11.28.240 Request for special notice of proceedings in probate—Prohibitions.
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(1) At any time after the issuance of letters testamentary or of administration or certificate of qualification upon the estate of any decedent, any person interested in the estate as an heir, devisee, distributee, legatee or creditor whose claim has been duly served and filed, o…
RCW 11.28.250 Revocation of letters—Causes.
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Whenever the court has reason to believe that any personal representative has wasted, embezzled, or mismanaged, or is about to waste, or embezzle the property of the estate committed to his or her charge, or has committed, or is about to commit a fraud upon the estate, or is inco…
RCW 11.28.260 Revocation of letters—Proceedings in court or chambers.
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The applications and acts authorized by RCW 11.28.250 may be heard and determined in court or at chambers. All orders made therein must be entered upon the minutes of the court.[ 1965 c 145 s 11.28.260. Prior: 1917 c 156 s 75; RRS s 1445; prior: 1891 p 384 s 17; Code 1881 s 1413;…
RCW 11.28.270 Powers of remaining personal representatives if letters to associates revoked or surrendered or upon disqualification.
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If more than one personal representative of an estate is serving when the letters to any of them are revoked or surrendered or when any part of them dies or in any way becomes disqualified, those who remain shall perform all the duties required by law unless the decedent provided…
RCW 11.28.280 Successor personal representative.
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Except as otherwise provided in RCW 11.28.270, if a personal representative of an estate dies or resigns or the letters are revoked before the settlement of the estate, letters testamentary or letters of administration of the estate remaining unadministered shall be granted to th…
RCW 11.28.290 Accounting on death, resignation, or revocation of letters.
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If any personal representative resign, or his or her letters be revoked, or he or she die, he or she or his or her representatives shall account for, pay, and deliver to his or her successor or to the surviving or remaining personal representatives, all money and property of ever…
RCW 11.28.300 Proceedings against delinquent personal representative.
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The succeeding administrator, or remaining personal representative may proceed by law against any delinquent former personal representative, or his or her personal representatives, or the sureties of either, or against any other person possessed of any part of the estate.[ 2010 c…
RCW 11.28.330 Notice of adjudication of testacy or intestacy and heirship—Contents—Service or mailing.
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If no personal representative is appointed to administer the estate of a decedent, the person obtaining the adjudication of testacy, or intestacy and heirship, within thirty days shall personally serve or mail a true copy of the adjudication to each heir, legatee, and devisee of …
RCW 11.28.340 Order of adjudication of testacy or intestacy and heirship—Entry—Time limitation—Deemed final decree of distribution, when—Purpose—Finality of adjudications.
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Unless, within four months after the entry of the order adjudicating testacy or intestacy and heirship, and the mailing or service of the notice required in RCW 11.28.330 any heir, legatee or devisee of the decedent shall offer a later will for probate or contest an adjudication …