Title 11 — Title 11 PROBATE AND TRUST LAW
52 chapters · 970 sections in this title.
RCW 11.48.010 General powers and duties.
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It shall be the duty of every personal representative to settle the estate, including the administration of any nonprobate assets within control of the personal representative under RCW 11.18.200, in his or her hands as rapidly and as quickly as possible, without sacrifice to the…
RCW 11.48.020 Right to possession and management of estate.
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*** CHANGE IN 2026 *** (SEE 2445.SL) ***Every personal representative shall, after having qualified, by giving bond as hereinbefore provided, have a right to the immediate possession of all the real as well as personal estate of the deceased, and may receive the rents and profits…
RCW 11.48.025 Continuation of decedent's business.
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Upon a showing of advantage to the estate the court may authorize a personal representative to continue any business of the decedent, other than the business of a partnership of which the decedent was a member: PROVIDED, That if decedent left a nonintervention will or a will spec…
RCW 11.48.030 Chargeable with whole estate.
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Every personal representative shall be chargeable in his or her accounts with the whole estate of the deceased which may come into his or her possession. He or she shall not be responsible for loss or decrease or destruction of any of the property or effects of the estate, withou…
RCW 11.48.040 Not chargeable on special promise to pay decedent's debts unless in writing.
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No personal representative shall be chargeable upon any special promise to answer damages, or to pay the debts of the testator or intestate out of his or her own estate, unless the agreement for that purpose, or some memorandum or note thereof, is in writing and signed by such pe…
RCW 11.48.050 Allowance of necessary expenses.
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He or she shall be allowed all necessary expenses in the care, management, and settlement of the estate.[ 2010 c 8 s 2034; 1965 c 145 s 11.48.050. Prior: 1917 c 156 s 156; RRS s 1526; prior: Code 1881 s 1541; 1854 p 295 s 164.]Notes:Rules of court: SPR 98.12W.Attorney's fee to co…
RCW 11.48.060 May recover for embezzled or alienated property of decedent.
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If any person, before the granting of letters testamentary or of administration, shall embezzle or alienate any of the moneys, goods, chattels, or effects of any deceased person, he or she shall stand chargeable, and be liable to the personal representative of the estate, in the …
RCW 11.48.070 Concealed or embezzled property—Proceedings for discovery.
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The court shall have authority to bring before it any person or persons suspected of having in his or her possession or having concealed, embezzled, conveyed, or disposed of any of the property of the estate of decedents or incompetents subject to administration under this title,…
RCW 11.48.080 Uncollectible debts—Liability—Purchase of claims by personal representative.
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No personal representative shall be accountable for any debts due the estate, if it shall appear that they remain uncollected without his or her fault. No personal representative shall purchase any claim against the estate he or she represents, but the personal representative may…
RCW 11.48.090 Actions for recovery of property and on contract.
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Actions for the recovery of any property or for the possession thereof, and all actions founded upon contracts, may be maintained by and against personal representatives in all cases in which the same might have been maintained by and against their respective testators or intesta…
RCW 11.48.120 Action on bond of previous personal representative.
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Any personal representative may in his or her own name, for the benefit of all persons interested in the estate, as defined in RCW 11.96A.030(6) relative to a decedent's estate, maintain actions on the bond of a former personal representative of the same estate.[ 2021 c 140 s 400…
RCW 11.48.130 Compromise of claims.
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The court may authorize the personal representative, without the necessary nonintervention powers, to compromise and compound any claim owing the estate. Unless the court has restricted the power to compromise or compound claims owing to the estate and except as provided in RCW 1…
RCW 11.48.140 Recovery of decedent's fraudulent conveyances.
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When there shall be a deficiency of assets in the hands of a personal representative, and when the deceased shall in his or her lifetime have conveyed any real estate, or any rights, or interest therein, with intent to defraud his or her creditors or to avoid any right, duty, or …
RCW 11.48.150 Several personal representatives considered as one.
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In an action against several personal representatives, they shall all be considered as one person representing their testator or intestate, and judgment may be given and execution issued against all of them who are defendants in the action.[ 1965 c 145 s 11.48.150. Prior: Code 18…
RCW 11.48.160 Default judgment not evidence of assets—Exception.
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When a judgment is given against a personal representative for want of answer, such judgment is not to be deemed evidence of assets in his or her hands, unless it appear that the complaint alleged assets and that the notice was served upon him or her.[ 2010 c 8 s 2040; 1965 c 145…
RCW 11.48.180 Liability of executor de son tort.
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No person is liable to an action as executor of his or her own wrong for having taken, received, or interfered with the property of a deceased person, but is responsible to the personal representatives of such deceased person for the value of all property so taken or received, an…
RCW 11.48.190 Executor of executor may not sue for estate of first testator.
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An executor of an executor has no authority as such to commence or maintain an action or proceeding relating to the estate of the testator of the first executor, or to take any charge or control thereof.[ 1965 c 145 s 11.48.190. Prior: Code 1881 s 723; 1877 p 147 s 727; 1869 p 16…
RCW 11.48.200 Arrest and attachment, when, authorized.
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In an action against a personal representative as such, the remedies of arrest and attachment shall not be allowed on account of the acts of his or her testator or intestate, but for his or her own acts as such personal representative, such remedies shall be allowed for the same …
RCW 11.48.210 Compensation—Attorney's fees.
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*** CHANGE IN 2026 *** (SEE 2445.SL) ***If testator by will makes provision for the compensation of his or her personal representative, that shall be taken as his or her full compensation unless he or she files in the court a written instrument renouncing all claim for the compen…