Title 11 — Title 11 PROBATE AND TRUST LAW
52 chapters · 970 sections in this title.
RCW 11.56.030 Sale, lease or mortgage of real estate—Petition—Notice—Hearing.
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*** CHANGE IN 2026 *** (SEE 2445.SL) ***Whenever it shall appear to the satisfaction of the court that any portion or all of the real property should be sold, mortgaged or leased for the purpose of raising money to pay the debts and obligations of the estate, and the expenses of …
RCW 11.56.040 Order directing mortgage.
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If the court should determine that it is necessary or proper, for any of the said purposes, to mortgage any or all of said property, it may make an order directing the personal representative to mortgage such thereof as it may determine upon, and such order shall contain the term…
RCW 11.56.045 Order directing lease.
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If the court should determine that it is necessary or proper, for any of the said purposes to lease any or all of said property, it may make an order directing the personal representative to lease such thereof as it may determine upon, and such order shall contain the terms and c…
RCW 11.56.050 Order directing sale.
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If the court should determine that it is necessary to sell any or all of the real estate for the purposes mentioned in this title, then it may make and cause to be entered an order directing the personal representative to sell so much of the real estate as the court may determine…
RCW 11.56.060 Public sales—Notice.
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When real property is directed to be sold by public sale, notice of the time and place of such sale shall be published in a legal newspaper of the county in which the estate is being administered, once each week for three successive weeks before such sale, in which notices the pr…
RCW 11.56.070 Postponement, adjournment of sale—Notice.
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The personal representative, should he or she deem it for the best interests of all concerned, may postpone such sale to a time fixed but not to exceed twenty days, and such postponement shall be made by proclamation of the personal representative at the time and place first appo…
RCW 11.56.080 Private sales of realty—Notice—Bids.
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When a sale of real property is ordered to be made at private sale, notice of the same must be published in a legal newspaper of the county in which the estate is being administered, once a week for at least two successive weeks before the day on or after which the sale is to be …
RCW 11.56.090 Minimum price—Private sale—Sale by negotiation—Reappraisement.
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No sale of real estate at private sale or sale by negotiation shall be confirmed by the court unless the gross sum offered is at least ninety percent of the appraised value thereof, nor unless such real estate shall have been appraised within one year immediately prior to such sa…
RCW 11.56.100 Confirmation of sale—Approval—Resale.
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The personal representative making any sale of real estate, either at public or private sale, or sale by negotiation shall within ten days after making such sale file with the clerk of the court his or her return of such sale, the same being duly verified. In the case of a sale b…
RCW 11.56.110 Offer of increased bid—Duty of court.
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If, at any time before confirmation of any such sale, any person shall file with the clerk of the court a bid on such property in an amount not less than ten percent higher than the bid the acceptance of which was reported by the return of sale and shall deposit with the clerk no…
RCW 11.56.115 Effect of confirmation.
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No petition or allegation thereof for the sale of real estate shall be considered jurisdictional, and confirmation by the court of any sale shall be absolutely conclusive as to the regularity of all proceedings leading up to and including such sale, and no instrument of conveyanc…
RCW 11.56.120 Conveyance after confirmation of sale.
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Upon the confirmation of any such sale the court shall direct the personal representative to make, execute and deliver instruments conveying the title to the person to whom such property may be sold, and such instruments of conveyance shall be deemed to convey all the estate, rig…
RCW 11.56.180 Sale of decedent's contract interest in land.
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If the deceased person at the time of his or her death was possessed of a contract for the purchase of lands, his or her interest in such lands under such contract may be sold on the application of his or her personal representative in the same manner as if he or she died seized …
RCW 11.56.210 Assignment of decedent's contract.
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Upon the confirmation of such sale, the personal representative shall execute to the purchaser an assignment of the contract and deed, which shall vest in the purchaser, his or her heirs and assigns, all the right, title, and interest of the persons entitled to the interest of th…
RCW 11.56.220 Redemption of decedent's mortgaged estate.
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If any person die having mortgaged any real or personal estate, and shall not have devised the same, or provided for any redemption thereof by will, the court, upon the application of any person interested, may order the personal representative to redeem the estate out of the ass…
RCW 11.56.230 Sale or mortgage to effect redemption.
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If it shall be made to appear to the satisfaction of the court that it will be to the interest of the estate of any deceased person to sell or mortgage other personal estate or to sell or mortgage other real estate of the decedent than that mortgaged by him or her to redeem the p…
RCW 11.56.240 Sale of mortgaged property if redemption inexpedient.
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If such redemption be not deemed expedient, the court shall order such property to be sold at public or private sale, which sale shall be with the same notice and conducted in the same manner as required in other cases of real estate or personal property provided for in this titl…
RCW 11.56.250 Sales directed by will.
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When property is directed by will to be sold, or authority is given in the will to sell property, the executor may sell any property of the estate without the order of the court, and without any notice, and it shall not be necessary under such circumstances to make any applicatio…
RCW 11.56.265 Broker's fee and closing expenses—Sale, mortgage or lease.
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In connection with the sale, mortgage or lease of property, the court may authorize the personal representative to pay, out of the proceeds realized therefrom or out of the estate, the customary and reasonable auctioneer's and broker's fees and any necessary expenses for abstract…
RCW 11.56.280 Borrowing on general credit of estate—Petition—Notice—Hearing.
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Whenever it shall appear to the satisfaction of the court that money is needed to pay debts of the estate, expenses of administration, or estate taxes, the court may by order authorize the personal representative to borrow such money, on the general credit of the estate, as appea…
RCW 11.60.010 Order for performance on application of personal representative.
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If any person, who is bound by contract, in writing, shall die before performing said contract, the superior court of the county in which the estate is being administered, may upon application of the personal representative, without notice, make an order authorizing and directing…
RCW 11.60.020 Petition, notice, and hearing when personal representative fails to make application.
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If the personal representative fails to make such application, then any person claiming to be entitled to such performance under such contract, may present a petition setting forth the facts upon which such claim is predicated. Notice of hearing shall be in accordance with the pr…
RCW 11.60.030 Hearing.
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At the time appointed for such hearing, or at such other time as the same may be adjourned to, upon proof of service of the notice as provided in *RCW 11.16.081, the court shall proceed to a hearing and determine the matter.[ 1965 c 145 s 11.60.030. Prior: 1917 c 156 s 190; RRS s…
RCW 11.60.040 Conveyance of real property—Effect.
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In the case of real property, a conveyance executed under the provisions of this title shall so refer to the order authorizing the conveyance that the same may be readily found, but need not recite the record in the case generally, and the conveyance made in pursuance of such ord…
RCW 11.60.060 Procedure on death of person entitled to performance.
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If the person entitled to performance shall die before the commencement of the proceedings according to the provisions of this title or before the completion of performance, any person who would have been entitled to the performance under him or her, as heir, devisee, or otherwis…
RCW 11.62.005 Definitions.
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As used in this chapter, the following terms shall have the meanings indicated.(1) "Personal property" shall include any tangible personal property, any instrument evidencing a debt, obligation, stock, chose in action, license or ownership, any debt or any other intangible proper…
RCW 11.62.010 Disposition of personal property, debts by affidavit, proof of death—Contents of affidavit—Procedure—Securities.
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(1) At any time after forty days from the date of a decedent's death, any person who is indebted to or who has possession of any personal property belonging to the decedent or to the decedent and his or her surviving spouse or surviving domestic partner as a community, which debt…
RCW 11.62.020 Effect of affidavit and proof of death—Discharge and release of transferor—Refusal to pay or deliver—Procedure—False affidavit—Conflicting affidavits—Accountability.
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The person paying, delivering, transferring, or issuing personal property pursuant to RCW 11.62.010 is discharged and released to the same extent as if such person has dealt with a personal representative of the decedent, unless at the time of such payment, delivery, transfer, or…
RCW 11.62.030 Payment to surviving spouse or surviving domestic partner of moneys on deposit of deceased credit union member—Limitation—Affidavit—Accounting to personal representative.
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On the death of any member of any credit union organized under chapter 31.12 RCW or federal law, such credit union may pay to the surviving spouse or surviving domestic partner the moneys of such member on deposit to the credit of said deceased member, including moneys deposited …
RCW 11.64.002 Inventory—Appraisement.
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Within three months after receiving written request from the personal representative the surviving partner or partners of the partnership shall furnish the personal representative with a verified inventory of the assets of the partnership. The inventory shall state the value of t…
RCW 11.64.008 Surviving partner may continue in possession.
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The surviving partner or partners may continue in possession of the partnership estate, pay its debts, and settle its business, and shall account to the personal representative of the decedent and shall pay over such balances as may, from time to time, be payable to him or her.[ …
RCW 11.64.016 Security may be required.
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If the surviving partner or partners commit waste, or if it appears to the court that it is for the best interest of the estate of the decedent, such court may, after a hearing, order the surviving partner or partners to give security for the faithful settlement of the partnershi…
RCW 11.64.022 Failure to furnish inventory, list liabilities, permit appraisal, etc.—Show cause—Contempt of court—Receiver.
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If the surviving partner or partners fail or refuse to furnish an inventory or list of liabilities, to permit an appraisal, or to account to the personal representative, or to furnish a bond when required pursuant to RCW 11.64.016, the court shall order a citation to issue requir…
RCW 11.64.030 Surviving partner or partners may purchase deceased's interest—Valuation—Conditions of sale—Protection against partnership liabilities.
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The surviving partner or the surviving partners jointly, shall have the right at any time to petition the court to purchase the interests of a deceased partner in the partnership. Upon a hearing pursuant to such petition the court shall, in such manner as it sees fit, determine a…
RCW 11.64.040 Surviving partner may operate under agreement with estate—Termination.
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The court may, in instances where it is deemed advisable, authorize and direct the personal representative of the estate of a deceased partner to enter into an agreement with the surviving partner or partners under which the surviving partner or partners may continue to operate a…
RCW 11.66.010 Social security benefits—Payment to survivors or department of social and health services—Effect.
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(1) If not less than thirty days after the death of an individual entitled at the time of death to a monthly benefit or benefits under Title II of the social security act, all or part of the amount of such benefit or benefits, not in excess of one thousand dollars, is paid by the…
RCW 11.66.900 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 11.68.011 Settlement without court intervention—Petition—Conditions—Exceptions.
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*** CHANGE IN 2026 *** (SEE 2445.SL) ***(1) A personal representative may petition the court for nonintervention powers, whether the decedent died testate or intestate.(2) Unless the decedent has specified in the decedent's will, if any, that the court not grant nonintervention p…
RCW 11.68.021 Hearing on petition for nonintervention powers.
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A hearing on a petition for nonintervention powers may be held at the time of the appointment of the personal representative or at any later time.[ 1997 c 252 s 60.]Notes:Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
RCW 11.68.041 Petition for nonintervention powers—Notice requirements—Exceptions.
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(1) Advance notice of the hearing on a petition for nonintervention powers referred to in RCW 11.68.011 is not required in those circumstances in which the court is required to grant nonintervention powers under RCW 11.68.011(2) (a) and (b).(2) In all other cases, if the petition…
RCW 11.68.050 Objections to granting of nonintervention powers—Restrictions.
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(1) If at the time set for the hearing upon a petition for nonintervention powers, any person entitled to notice of the hearing on the petition under RCW 11.68.041 shall appear and object to the granting of nonintervention powers to the personal representative of the estate, the …
RCW 11.68.060 Death, resignation, or disablement of personal representative—Successor to administer nonintervention powers—Petition.
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If any personal representative of the estate of the decedent dies, resigns, or otherwise becomes disabled from any cause from acting as the nonintervention personal representative, the successor personal representative, or a person who has petitioned to be appointed as a successo…
RCW 11.68.065 Report of affairs of estate—Petition by beneficiary—Filing—Notice—Hearing—Other accounting and information.
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A beneficiary who has not acknowledged in writing that his, her, or its interest in an estate has been fully paid or distributed may petition the court for an order directing the personal representative to deliver a report of the affairs of the estate signed and verified by the p…
RCW 11.68.070 Procedure when personal representative recreant to trust or subject to removal.
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(1)(a) A party, as defined in RCW 11.96A.030, may petition the court under chapter 11.96A RCW for a determination that a personal representative:(i) Has breached a fiduciary duty;(ii) Has exceeded the personal representative's authority;(iii) Has abused the personal representativ…
RCW 11.68.080 Vacation or restriction of nonintervention powers following insolvency—Notice—Determinations affecting prior grants of nonintervention powers upon petition—Endorsement on prior orders.
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(1) Within ten days after the personal representative has received from alleged creditors under chapter 11.40 RCW claims that have an aggregate face value that, when added to the other debts and to the taxes and expenses of greater priority under applicable law, would appear to c…
RCW 11.68.085 Nonintervention powers—Generally.
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A personal representative with nonintervention powers may administer and settle the estate without supervision or intervention by the court except as otherwise provided in this chapter.[ 2021 c 140 s 4006.]Notes:Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note …
RCW 11.68.090 Nonintervention powers—Powers, duties, restrictions, and liabilities—Effect of will provisions.
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(1) Except as otherwise provided in this chapter, a personal representative with nonintervention powers has:(a) All powers that are granted by common law or statute to a personal representative without nonintervention powers or that a court supervising the settlement and administ…
RCW 11.68.095 Co-personal representatives—Powers.
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Except as otherwise provided by the probated will or by order of a court, all of the provisions of RCW 11.98.016 regarding the exercise of powers by co-trustees of a trust shall apply to the co-personal representatives of an estate in which the co-personal representatives have be…
RCW 11.68.100 Closing of estate—Alternative decrees—Notice—Hearing—Fees.
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(1) When the estate is ready to be closed, the court, upon application by the personal representative who has nonintervention powers, shall make and cause to be entered a decree that either:(a) Finds and adjudges that all approved claims against the decedent have been paid, finds…
RCW 11.68.110 Declaration of completion of probate—Contents—Notice—Discharge of personal representative—Waiver of notice.
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(1) If a personal representative who has acquired nonintervention powers does not apply to the court for either of the final decrees provided for in RCW 11.68.100 as now or hereafter amended, the personal representative shall, when the administration of the estate has been comple…