Title 11 — Title 11 PROBATE AND TRUST LAW
52 chapters · 970 sections in this title.
RCW 11.42.100 Rejection of claim—Time limits—Notice—Time limit for suit—Compromise of claim.
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(1) If the notice agent rejects a claim, in whole or in part, the claimant must bring suit against the notice agent within thirty days after notification of rejection or the claim is forever barred. The notice agent shall notify the claimant of the rejection and file an affidavit…
RCW 11.42.110 Effect of judgment against notice agent.
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The effect of a judgment rendered against the notice agent shall be only to establish the amount of the judgment as an allowed claim.[ 1997 c 252 s 35; 1994 c 221 s 41.]Notes:Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.Effective dates—1994 c 221: See note fol…
RCW 11.42.120 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. If a notice agent is acting, the judgment must be presented in the manner provided in RCW 11.42.070, but if the judgment is a…
RCW 11.42.125 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 the creditor to realize on the creditor's security, whether or not the creditor presented the claim in the manner provided in RCW 11.42.070.[ 1997 c 252 s 37.]Notes:Applica…
RCW 11.42.130 Claim of notice agent or beneficiary—Payment.
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A claim of the notice agent or other person who has received property by reason of the decedent's death must be paid as set forth in RCW 11.42.090(3).[ 1997 c 252 s 38; 1994 c 221 s 43.]Notes:Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.Effective dates—1994 c …
RCW 11.42.140 Notice to creditors when notice agent resigns, dies, or is removed—Limit tolled by vacancy.
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(1) If a notice agent has given notice under RCW 11.42.020 and the notice agent resigns, dies, or is removed or a personal representative is appointed, the successor notice agent or the personal representative shall:(a) Publish notice of the vacancy and succession for two success…
RCW 11.42.150 Appointment of personal representative—Cessation of notice agent powers and authority—Notice not affected—Personal representative's powers—Petition for reimbursement for allowance and payment of claims by notice agent.
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(1) The powers and authority of a notice agent immediately cease, and the office of notice agent becomes vacant, upon appointment of a personal representative for the estate of the decedent. Except as provided in RCW 11.42.140(2), the cessation of the powers and authority does no…
RCW 11.42.900 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 11.44.015 Inventory and appraisement—Filing—Copy distribution.
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(1) Within three months after appointment, unless a longer time shall be granted by the court, every personal representative shall make and verify by affidavit a true inventory and appraisement of all of the property of the estate passing under the will or by laws of intestacy an…
RCW 11.44.025 Additional inventory and appraisement—Copy distribution.
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Whenever any property of the estate not mentioned in the inventory and appraisement comes to the knowledge of a personal representative, the personal representative shall cause the property to be inventoried and appraised and shall make and verify by affidavit a true inventory an…
RCW 11.44.035 Inventory and appraisement may be contradicted or avoided.
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In an action against the personal representative where the administration of the estate, or any part thereof, is put in issue and the inventory and appraisement of the estate by the personal representative is given in evidence, the same may be contradicted or avoided by evidence.…
RCW 11.44.050 Inventory and appraisement—Failure to return or provide copy—Revocation of letters.
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If any personal representative shall neglect or refuse to make the inventory and appraisement within the period prescribed, or within such further time as the court may allow, or to provide a copy as provided under RCW 11.44.015, 11.44.025, or 11.44.035, the court may revoke the …
RCW 11.44.070 Persons assisting in appraisement—Compensation—Refund.
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The personal representative may employ a qualified and disinterested person to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise dif…
RCW 11.44.085 Claims against personal representative included.
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The naming or the appointment of any person as personal representative shall not operate as a discharge from any just claim which the testator or intestate had against the personal representative, but the claim shall be included in the inventory and appraisement and the personal …
RCW 11.44.090 Discharge of debt—Specific bequest and inclusion in inventory and appraisement.
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The discharge or bequest in a will of any debt or demand of the testator against any executor named in the testator's will or against any person shall not be valid against the creditors of the deceased, but shall be construed as a specific bequest of such debt or demand, and the …
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…
RCW 11.54.001 Purpose—Applicability.
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(1) The purposes of this chapter are:(a) To clarify the exemptions from attachment, execution, and forced sale that apply after a decedent's death;(b) To establish a procedure for allocating the exempt property among claimants; and(c) To establish a procedure by which the deceden…
RCW 11.54.005 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Child" and "children," when used with reference to a decedent, means all persons who have a parent-child relationship, as defined in RCW 26.26A.100, as a child with th…
RCW 11.54.008 Property of decedent exempt from legal process remains exempt—Additional designated property.
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(1) Any homestead or other property exempt from attachment, execution, and forced sale under Title 6 RCW immediately before a decedent's death remains exempt from attachment, execution, and forced sale for the debts of the decedent and the debts of the community composed of the d…
RCW 11.54.010 Award to surviving spouse, domestic partner, or children—Petition.
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(1) Any one or more of a decedent's surviving spouse, surviving registered domestic partner, and dependent children may commence a judicial proceeding under chapter 11.96A RCW for an award from the decedent's separate property and from the community property of the decedent and t…
RCW 11.54.015 Conditions to award.
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(1) The court may not make an award to a claimant under this chapter until the expenses of administration, funeral expenses, expenses of last sickness, and wages due for labor performed within 60 days immediately preceding the decedent's death have been paid or provided for.(2) T…
RCW 11.54.020 Amount of basic award.
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(1) The amount of the basic award shall be the greater of the following:(a) The value, as of the date of the decedent's death, of the decedent's property, or if the decedent is married or has a registered domestic partner, the value of the community property of the decedent and t…
RCW 11.54.040 Increase in amount of award for support during pendency of proceedings—Factors for consideration.
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(1) If a claimant demonstrates to the satisfaction of the court that a claimant's present and reasonably anticipated future needs with respect to basic maintenance and support during the pendency of any proceedings under this title relating to the decedent's probate or nonprobate…
RCW 11.54.050 Decrease in amount of award—Factors for consideration.
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The court may decrease the amount of the award below the amount provided in RCW 11.54.020(1) in the exercise of its discretion if:(1) The recipient is entitled to receive probate or nonprobate property, including insurance, by reason of the death of the decedent. In such a case t…
RCW 11.54.055 Factors to be considered by court.
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In exercising the discretion granted to the court under this chapter, the court shall consider without limitation:(1) The exemptions from attachment, execution, or forced sale under Title 6 RCW and other applicable laws;(2) Whether or not any separate property of the decedent's s…
RCW 11.54.060 Certain claims exempted.
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Notwithstanding any other provision of this chapter:(1) None of the decedent's separate property and none of the property of the community composed of the decedent and the decedent's spouse or registered domestic partner is exempt from the duty to pay the costs of administration,…
RCW 11.54.071 Abatement.
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The decedent's separate property and the property of the community composed of the decedent and the decedent's spouse or registered domestic partner abates for awards of family allowance under this chapter in accordance with chapter 11.10 RCW; provided however, that gifts contain…
RCW 11.54.090 Venue for petition—Petition and hearing requirements—Notice of hearing.
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The petition for an award, for an increased or modified award, or for the exemption of assets from the claims of creditors as authorized by this chapter must be made to the court of the county in which the probate is being administered. If probate proceedings have not been commen…
RCW 11.54.100 Exhaustion of estate—Closure of estate—Discharge of personal representative.
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If an award provided by this chapter will exhaust the estate, and probate proceedings have been commenced in the state of Washington, the court in the order of award or allowance shall order the estate closed, discharge the personal representative, and exonerate the personal repr…
RCW 11.56.005 Authority to exchange.
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Whenever it shall appear upon the petition of the personal representative or of any person interested in the estate to be to the best interests of the estate to exchange any real or personal property of the estate for other property, the court may authorize the exchange upon such…
RCW 11.56.010 Authority to sell, lease or mortgage.
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The court may order real or personal property sold, leased or mortgaged for the purposes hereinafter mentioned but no sale, lease or mortgage of any property of an estate shall be made except under an order of the court, unless otherwise provided by law.[ 1965 c 145 s 11.56.010. …
RCW 11.56.020 Sale, lease or mortgage of personal property.
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The court may at any time order any personal property, including for purposes of this section a vendor's interest in a contract for the sale of real estate, of the estate sold for the preservation of such property or for the payment of the debts of the estate or the expenses of a…