Title 11, PROBATE AND TRUST LAW

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.

(1) Unless expressly exempted by statute, a beneficiary of a nonprobate asset that was subject to satisfaction of the decedent's general liabilities immediately before the decedent's death takes the asset subject to liabilities, claims, estate taxes, and the fair share of expense…

Any person having the custody or control of any will shall, within thirty days after he or she shall have received knowledge of the death of the testator, deliver said will to the court having jurisdiction or to the person named in the will as executor, and any executor having in…

(1) Applications for the probate of a will and for letters testamentary, or either, may be made to the judge of the court having jurisdiction and the court may immediately hear the proofs and either probate or reject such will as the testimony may justify. Upon such hearing the c…

If any witness be prevented by sickness from attending at the time any will is produced for probate, or reside out of the state or more than thirty miles from the place where the will is to be proven, such court may issue a commission annexed to such will, and directed to any jud…

The subsequent incompetency from whatever cause of one or more of the subscribing witnesses, or their inability to testify in open court or pursuant to commission, or their absence from the state, shall not prevent the probate of the will. In such cases the court shall admit the …

All wills filed with the clerk of the superior court must be noted in the record required to be kept under RCW 36.23.030(7). They may be withdrawn from the record on the order of the court. [ 2002 c 271 s 1; 1967 c 168 s 17; 1965 c 145 s 11.20.050. Prior: 1915 c 156 s 13; RRS s 1…

The record of any will made, probated and recorded as herein provided, and the exemplification of such record by the clerk in whose custody the same may be, shall be received as evidence, and shall be as effectual in all cases as the original would be if produced and proven. [ 19…

(1) If a will has been lost or destroyed under circumstances such that the loss or destruction does not have the effect of revoking the will, or is an electronic will, custody of which has not been maintained by a qualified custodian, the court may take proof of the execution and…

If, before or during the pendency of an application to prove a lost or destroyed will, letters of administration shall have been granted on the estate of the testator, or letters testamentary of any previous will of the testator shall have been granted, the court shall have autho…

Wills probated in any other state or territory of the United States, or in any foreign country or state, shall be admitted to probate in this state on the production of a copy of such will and of the original record of probate thereof, certified by the attestation of the clerk of…

All provisions of law relating to the carrying into effect of domestic wills after probate thereof shall, so far as applicable, apply to foreign wills admitted to probate in this state. [ 1965 c 145 s 11.20.100. Prior: 1917 c 156 s 23; RRS s 1393; prior: Code 1881 s 1371; 1877 p …

If any person interested in any will shall appear within four months immediately following the probate or rejection thereof, and by petition to the court having jurisdiction contest the validity of said will, or appear to have the will proven which has been rejected, he or she sh…

Upon the filing of the petition referred to in RCW 11.24.010, notice shall be given as provided in RCW 11.96A.100 to the executors who have taken upon themselves the execution of the will, or to the administrators with the will annexed, to all legatees named in the will or to the…

In any such contest proceedings the previous order of the court probating, or refusing to probate, such will shall be prima facie evidence of the legality of such will, if probated, or its illegality, if rejected, and the burden of proving the illegality of such will, if probated…

If, upon the trial of said issue, it shall be decided that the will or a part of it is for any reason invalid, or that it is not sufficiently proved to have been the last will of the testator, the will or part and probate thereof shall be annulled and revoked and to that extent t…

If the probate be revoked or the will annulled, assessment of costs shall be in the discretion of the court. If the will be sustained, the court may assess the costs against the contestant, including, unless it appears that the contestant acted with probable cause and in good fai…

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…

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; pr…

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…

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 …

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…

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…

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…

See RCW 36.23.030.

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 . . . . . …

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.]

(1) 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 oath of the applicant or his or her attorney, and filed with…

(1) 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, and they shall be respectively entitle…

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…

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) . . . .…

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…

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: …

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…

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 spouse or surviving domestic partner of the d…

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…

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…