Title 11 — Title 11 PROBATE AND TRUST LAW
52 chapters · 970 sections in this title.
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 …
RCW 11.32.010 Appointment.
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When, by reason of an action concerning the proof of a will, or from any other cause, there shall be a delay in granting letters testamentary or of administration, the judge may, in his or her discretion, appoint a special administrator (other than one of the parties) to collect …
RCW 11.32.020 Bond.
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Every such administrator shall, before entering on the duties of his or her trust, give bond, with sufficient surety or sureties, in such sum as the judge shall order, payable to the state of Washington, with conditions as required of an executor or in other cases of administrati…
RCW 11.32.030 Powers and duties.
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Such special administrator shall collect all the goods, chattels, money, effects, and debts of the deceased, and preserve the same for the personal representative who shall thereafter be appointed; and for that purpose may commence and maintain suits as an administrator, and may …
RCW 11.32.040 Succession by personal representative.
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Upon granting letters testamentary or of administration the power of the special administrator shall cease, and he or she shall forthwith deliver to the personal representative all the goods, chattels, money, effects, and debts of the deceased in his or her hands, and the persona…
RCW 11.32.050 Not liable to creditors.
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Such special administrator shall not be liable to an action by any creditor of the deceased, and the time for limitation of all suits against the estate shall begin to run from the time of granting letters testamentary or of administration in the usual form, in like manner as if …
RCW 11.32.060 To render account.
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The special administrator shall also render an account, under oath, of his or her proceedings, in like manner as other administrators are required to do.[ 2010 c 8 s 2029; 1965 c 145 s 11.32.060. Prior: 1917 c 156 s 86; RRS s 1456; prior: Code 1881 s 1424; 1863 p 223 s 142; 1860 …
RCW 11.36.010 Parties disqualified—Result of disqualification after appointment.
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*** CHANGE IN 2026 *** (SEE 2445.SL) ***(1) Except as provided in subsections (2), (3), and (4) of this section, the following persons are not qualified to act as personal representatives: Corporations, limited liability companies, limited liability partnerships, minors, persons …
RCW 11.36.021 Trustees—Who may serve.
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(1) The following may serve as trustees:(a) Any suitable persons over the age of eighteen years, if not otherwise disqualified;(b) Any trust company regularly organized under the laws of this state and national banks when authorized to do so;(c) Any nonprofit corporation, if the …
RCW 11.40.010 Claims—Presentation—Other notice not affected.
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A person having a claim against the decedent may not maintain an action on the claim unless a personal representative has been appointed and the claimant has presented the claim as set forth in this chapter. However, this chapter does not affect the notice under RCW 82.32.240 or …
RCW 11.40.020 Notice to creditors—Manner—Filings—Publication.
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(1) Subject to subsection (2) of this section, a personal representative may give notice to the creditors of the decedent, in substantially the form set forth in RCW 11.40.030, announcing the personal representative's appointment and requiring that persons having claims against t…
RCW 11.40.030 Notice to creditors—Form.
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Notice under RCW 11.40.020 must contain the following elements in substantially the following form:CAPTION)No.OF CASE)PROBATE NOTICE TO )CREDITORS. . . .)RCW 11.40.030The personal representative named below has been appointed as personal representative of this estate. Any person …
RCW 11.40.040 "Reasonably ascertainable" creditor—Definition—Reasonable diligence—Presumptions—Petition for order.
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(1) For purposes of RCW 11.40.051, a "reasonably ascertainable" creditor of the decedent is one that the personal representative would discover upon exercise of reasonable diligence. The personal representative is deemed to have exercised reasonable diligence upon conducting a re…
RCW 11.40.051 Claims against decedent—Time limits.
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(1) Whether or not notice is provided under RCW 11.40.020, a person having a claim against the decedent is forever barred from making a claim or commencing an action against the decedent, if the claim or action is not already barred by an otherwise applicable statute of limitatio…
RCW 11.40.060 Claims involving liability or casualty insurance—Limitations—Exceptions to time limits.
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The time limitations for presenting claims under this chapter do not accrue to the benefit of any liability or casualty insurer. Claims against the decedent or the decedent's marital community that can be fully satisfied by applicable insurance coverage or proceeds need not be pr…
RCW 11.40.070 Claims—Form—Manner of presentation—Waiver of defects.
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(1) The claimant, the claimant's attorney, or the claimant's agent shall sign the claim and include in the claim the following information:(a) The name and address of the claimant;(b) The name, address, if different from that of the claimant, and nature of authority of an agent s…
RCW 11.40.080 Claims—Duty to allow or reject—Notice of petition to allow—Attorneys' fees.
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(1) The personal representative shall allow or reject all claims presented in the manner provided in RCW 11.40.070. The personal representative may allow or reject a claim in whole or in part.(2) If the personal representative has not allowed or rejected a claim within the later …
RCW 11.40.090 Allowance of claims—Notice—Automatic allowance—Petition for extension—Ranking of claims—Barred claims.
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(1) If the personal representative allows a claim, the personal representative shall notify the claimant of the allowance by personal service or regular first-class mail to the address stated on the claim.(2) A claim that on its face does not exceed one thousand dollars presented…
RCW 11.40.100 Rejection of claim—Time limits—Notice—Compromise of claim.
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(1) If the personal representative rejects a claim, in whole or in part, the claimant must bring suit against the personal representative within thirty days after notification of rejection or the claim is forever barred. The personal representative shall notify the claimant of th…
RCW 11.40.110 Action pending at decedent's death—Personal representative as defendant.
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If an action is pending against the decedent at the time of the decedent's death, the plaintiff shall, within four months after appointment of the personal representative, serve on the personal representative a petition to have the personal representative substituted as defendant…
RCW 11.40.120 Effect of judgment against personal representative.
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The effect of any judgment rendered against a personal representative shall be only to establish the amount of the judgment as an allowed claim.[ 1997 c 252 s 18; 1965 c 145 s 11.40.120. Prior: 1917 c 156 s 118; RRS s 1488; prior: Code 1881 s 1478; 1854 p 282 s 90.]Notes:Applicat…
RCW 11.40.130 Judgment against decedent—Execution barred upon decedent's death—Presentation—Sale of property.
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If a judgment was entered against the decedent during the decedent's lifetime, an execution may not issue on the judgment after the death of the decedent. The judgment must be presented in the manner provided in RCW 11.40.070, but if the judgment is a lien on any property of the …
RCW 11.40.135 Secured claim—Creditor's right.
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If a creditor's claim is secured by any property of the decedent, this chapter does not affect the right of a creditor to realize on the creditor's security, whether or not the creditor presented the claim in the manner provided in RCW 11.40.070.[ 1997 c 252 s 20.]Notes:Applicati…
RCW 11.40.140 Claim of personal representative—Presentation and petition—Filing.
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If the personal representative has a claim against the decedent, the personal representative must present the claim in the manner provided in RCW 11.40.070, and the allowance or rejection of the claim shall be addressed, resolved, and settled under the procedures provided under c…
RCW 11.40.150 Notice to creditors when personal representative resigns, dies, or is removed—Limit tolled by vacancy.
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(1) If a personal representative has given notice under RCW 11.40.020 and then resigns, dies, or is removed, the successor personal representative shall:(a) Publish notice of the vacancy and succession for two successive weeks in the legal newspaper in which notice was published …
RCW 11.40.160 Personal representative as successor to notice agent—Notice not affected—Presumptions—Duties.
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If a notice agent had commenced nonprobate notice to creditors under chapter 11.42 RCW, the appointment of the personal representative does not affect the filing and publication of notice to creditors and does not affect actual notice to creditors given by the notice agent. The p…
RCW 11.40.900 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …
RCW 11.42.010 Notice agent—Qualifications.
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(1) Subject to the conditions stated in this chapter, and if no personal representative has been appointed in this state, a beneficiary or trustee who has received or is entitled to receive by reason of the decedent's death substantially all of the decedent's probate and nonproba…
RCW 11.42.020 Notice to creditors—Manner—Filings—Publication.
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(1) Subject to subsection (2) of this section, a notice agent may give nonprobate notice to the creditors of the decedent if:(a) As of the date of the filing of the notice to creditors with the court, the notice agent has no knowledge of another person acting as notice agent or o…
RCW 11.42.030 Notice to creditors—Form.
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Notice under RCW 11.42.020 must contain the following elements in substantially the following form: ) CAPTION)No.OF CASE)NONPROBATE )NOTICE TO CREDITORS )RCW 11.42.030. . . .) The notice agent named below has elected to give notice to creditors of the above-named decedent. As of …
RCW 11.42.040 "Reasonably ascertainable" creditor—Definition—Reasonable diligence—Presumptions—Petition for order.
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(1) For purposes of RCW 11.42.050, a "reasonably ascertainable" creditor of the decedent is one that the notice agent would discover upon exercise of reasonable diligence. The notice agent is deemed to have exercised reasonable diligence upon conducting a reasonable review of the…
RCW 11.42.050 Claims against decedent—Time limits.
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(1) If a notice agent provides notice under RCW 11.42.020, any person having a claim against the decedent is forever barred from making a claim or commencing an action against the decedent if the claim or action is not already barred by an otherwise applicable statute of limitati…
RCW 11.42.060 Claims involving liability or casualty insurance—Limitations—Exceptions to time limits.
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The time limitations for presenting claims under this chapter do not accrue to the benefit of any liability or casualty insurer. Claims against the decedent or the decedent's marital community that can be fully satisfied by applicable insurance coverage or proceeds need not be pr…
RCW 11.42.070 Claims—Form—Manner of presentation—Waiver of defects.
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(1) The claimant, the claimant's attorney, or the claimant's agent shall sign the claim and include in the claim the following information:(a) The name and address of the claimant;(b) The name, address, if different from that of the claimant, and nature of authority of an agent s…
RCW 11.42.080 Claims—Duty to allow or reject—Notice of petition to allow—Attorneys' fees.
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(1) The notice agent shall allow or reject all claims presented in the manner provided in RCW 11.42.070. The notice agent may allow or reject a claim, in whole or in part.(2) If the notice agent has not allowed or rejected a claim within the later of four months from the date of …
RCW 11.42.085 Property liable for claims—Payment limits.
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(1) The decedent's nonprobate and probate assets that were subject to the satisfaction of the decedent's general liabilities immediately before the decedent's death are liable for claims. The decedent's probate assets may be liable, whether or not there is a probate administratio…
RCW 11.42.090 Allowance of claims—Notice—Payment order.
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(1) If the notice agent allows a claim, the notice agent shall notify the claimant of the allowance by personal service or regular first-class mail to the address stated on the claim. A claim may not be allowed if it is barred by a statute of limitations.(2) The notice agent shal…