Title 11 — Title 11 PROBATE AND TRUST LAW
52 chapters · 970 sections in this title.
RCW 11.68.112 Final distribution upon declaration and notice of filing of declaration of completion of probate—Special powers of personal representative—Discharge from liability.
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If the declaration of completion of probate and the notice of filing of declaration of completion of probate state that the personal representative intends to make final distribution within five business days after the final date on which a party as defined in RCW 11.96A.030 enti…
RCW 11.68.114 Declaration of completion of probate—Special powers of personal representative to hold reserve and deal with taxing authorities—Notice of filing of declaration—Discharge from liability.
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(1) The personal representative retains the powers to: Deal with the taxing authority of any federal, state, or local government; hold a reserve in an amount not to exceed three thousand dollars, for the determination and payment of any additional taxes, interest, and penalties, …
RCW 11.68.120 Nonintervention powers not deemed waived by obtaining order or decree.
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A personal representative who has acquired nonintervention powers in accordance with this chapter may present a matter, as defined in RCW 11.96A.030, to the court for resolution or for instructions under chapter 11.96A RCW at any time. A personal representative shall not be deeme…
RCW 11.68.130 Power to construe and interpret will.
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(1) A personal representative with nonintervention powers has the power to construe and interpret the terms of a probated will, except as the probated will or an order of the court may otherwise direct.(2) Unless otherwise provided in the probated will:(a) A party, as defined in …
RCW 11.68.140 Party to transactions—Presumption of necessity.
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A party to a transaction with a personal representative with nonintervention powers and the party's successors in interest are entitled to have it conclusively presumed that the transaction is necessary for the administration of the decedent's estate.[ 2021 c 140 s 4012.]Notes:Ap…
RCW 11.68.900 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 11.72.002 Delivery of specific property to distributee before final decree.
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Upon application of the personal representative, with or without notice as the court may direct, the court may order the personal representative to deliver to any distributee who consents to it, possession of any specific real or personal property to which he or she is entitled u…
RCW 11.72.006 Decree of partial distribution—Distribution of part of estate.
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After the expiration of the time limited for the filing of claims and before final settlement of the accounts of the personal representative, a partial distribution may be decreed, with notice to interested persons, as the court may direct. Such distribution shall be as conclusiv…
RCW 11.76.010 Report of personal representative—Contents—Interim reports.
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*** CHANGE IN 2026 *** (SEE 2445.SL) ***Not less frequently than annually from the date of qualification, unless a final report has theretofore been rendered, the personal representative shall make, verify by his or her oath, and file with the clerk of the court a report of the a…
RCW 11.76.020 Notice of hearing—Settlement of report.
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It shall not be necessary for the personal representative to give any notice of the hearing of any report prior to the final report, except as in RCW 11.28.240 provided, but the court may require notice of the hearing of any such report.[ 1965 c 145 s 11.76.020. Prior: 1917 c 156…
RCW 11.76.030 Final report and petition for distribution—Contents.
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*** CHANGE IN 2026 *** (SEE 2445.SL) ***When the estate shall be ready to be closed, such personal representative shall make, verify, and file with the court his or her final report and petition for distribution. Such final report and petition shall, among other things, show that…
RCW 11.76.040 Time and place of hearing—Notice.
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When such final report and petition for distribution, or either, has been filed, the court, or the clerk of the court, shall fix a day for hearing it which must be at least twenty days subsequent to the day of the publication as hereinafter provided. Notice of the time and place …
RCW 11.76.050 Hearing on final report—Decree of distribution.
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Upon the date fixed for the hearing of such final report and petition for distribution, or either thereof, or any day to which such hearing may have been adjourned by the court, if the court be satisfied that the notice of the time and place of hearing has been given as provided …
RCW 11.76.060 Continuance to cite in sureties on bond when account incorrect.
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If, at any hearing upon any report of any personal representative, it shall appear to the court before which said proceeding is pending that said personal representative has not fully accounted to the beneficiaries of his or her trust and that said report should not be approved a…
RCW 11.76.070 Attorney's fees to contestant of erroneous account or report.
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If, in any probate or guardianship proceeding, any personal representative shall fail or neglect to report to the court concerning his or her trust and any beneficiary or other interested party shall be reasonably required to employ legal counsel to institute legal proceedings to…
RCW 11.76.080 Representation of incapacitated person by guardian ad litem—Exception.
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If there be any alleged incapacitated person interested in the estate who has no legally appointed conservator or limited conservator under RCW 11.130.360, the court:(1) At any stage of the proceeding in its discretion and for such purpose or purposes as it shall indicate, may ap…
RCW 11.76.095 Distribution of estates to minors.
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When a decree of distribution is made by the court in administration upon a decedent's estate or when distribution is made by a personal representative under a nonintervention will and distribution is ordered under such decree or authorized under such nonintervention will to a pe…
RCW 11.76.100 Receipts for expenses from personal representative.
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In rendering his or her accounts or reports the personal representative shall produce receipts or canceled checks for the expenses and charges which he or she shall have paid, which receipts shall be filed and remain in court until the probate has been completed and the personal …
RCW 11.76.110 Order of payment of debts.
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Subject to federal preemption and the privileges and priorities allowed to encumbrances and liens under applicable law, the reasonable expenses of administration and the enforceable debts of the estate shall be paid in the following order:(1) Expenses of administration.(2) Funera…
RCW 11.76.120 Limitation on preference to mortgage or judgment.
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The preference given in RCW 11.76.110 to a mortgage, deed of trust, perfected security interest, judgment lien, or other lien shall only extend to the proceeds of the property subject to the lien.[ 2024 c 20 s 13; 1965 c 145 s 11.76.120. Prior: 1917 c 156 s 172; RRS s 1542; prior…
RCW 11.76.130 Expense of monument.
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Personal representatives of the estate of any deceased person are hereby authorized to expend a reasonable amount out of the estate of the decedent to erect a monument or tombstone suitable to mark the grave or crypt of the said decedent, and the expense thereof shall be paid as …
RCW 11.76.150 Payment of claims where estate insufficient.
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If the estate shall be insufficient to pay the debts of any class, each creditor shall be paid in proportion to his or her claim, and no other creditor of any lower class shall receive any payment until all those of the preceding class shall have been fully paid.[ 2010 c 8 s 2069…
RCW 11.76.160 Liability of personal representative.
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Whenever a decree shall have been made by the court for the payment of creditors, the personal representative shall be personally liable to each creditor for his or her claim or the dividend thereon, except when his or her inability to make the payment thereof from the property o…
RCW 11.76.170 Action on claim not acted on—Contribution.
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If, after the accounts of the personal representative have been settled and the property distributed, it shall appear that there is a creditor or creditors whose claim or claims have been duly filed and not paid or disallowed, the said claim or claims shall not be a lien upon any…
RCW 11.76.180 Order maturing claim not due.
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If there be any claim not due the court may in its discretion, after hearing upon such notice as may be determined by it, mature such claim and direct that the same be paid in the due course of the administration.[ 1965 c 145 s 11.76.180. Prior: 1917 c 156 s 178; RRS s 1548; prio…
RCW 11.76.190 Procedure on contingent and disputed claim.
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If there be any contingent or disputed claim against the estate, the amount thereof, or such part thereof as the holder would be entitled to, if the claim were established or absolute, shall be paid into the court, where it shall remain to be paid over to the party when he or she…
RCW 11.76.200 Agent for absentee distributee.
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When any estate has been or is about to be distributed by decree of the court as provided in this chapter, to any person who has not been located, the court shall appoint an agent for the purpose of representing the interests of such person and of taking possession and charge of …
RCW 11.76.210 Agent's bond.
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Such agent shall make, subscribe and file an oath for the faithful performance of his or her duties, and shall give a bond to the state, to be approved by the court, conditioned faithfully to manage and account for such estate, before he or she shall be authorized to receive any …
RCW 11.76.220 Sale of unclaimed estate—Remittance of proceeds to department of revenue.
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If the estate remains in the hands of the agent unclaimed for three years, any property not in the form of cash shall be sold under order of the court, and all funds, after deducting a reasonable sum for expenses and services of the agent, to be fixed by the court, shall be paid …
RCW 11.76.230 Liability of agent.
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The agent shall be liable on his or her bond for the care and preservation of the estate while in his or her hands, and for the payment of the funds to the county treasury, and may be sued thereon by any person interested including the state.[ 2010 c 8 s 2074; 1965 c 145 s 11.76.…
RCW 11.76.240 Claimant to proceeds of sale.
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During the time the estate is held by the agent, or within four years after it is delivered to the county treasury, claim may be made thereto only by the absentee person or his or her legal representative, excepting that if it clearly appears that such person died prior to the de…
RCW 11.76.243 Heirs may institute probate proceedings if no claimant appears.
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If no person appears to claim the estate within four years after it is delivered to the county treasury, as provided by RCW 11.76.240, any heirs of the absentee person may institute probate proceedings on the estate of such absentee within ninety days thereafter. The fact that no…
RCW 11.76.245 Procedure when claim made after time limitation.
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After any time limitation prescribed in RCW 11.76.220, 11.76.240 or 11.76.243, the absentee claimant may, at any time, if the assets of the estate have not been claimed under the provisions of RCW 11.76.240 and 11.76.243, notify the department of revenue of his or her claim to th…
RCW 11.76.247 When court retains jurisdiction after entry of decree of distribution.
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After the entry of the decree of distribution in the probate proceedings the court shall retain jurisdiction for the purpose of carrying out the provisions of RCW 11.76.200, 11.76.210, 11.76.220, 11.76.230, 11.76.240, 11.76.243 and 11.76.245.[ 1965 c 145 s 11.76.247. Prior: 1955 …
RCW 11.76.250 Letters after final settlement.
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A final settlement of the estate shall not prevent a subsequent issuance of letters of administration, should other property of the estate be discovered, or if it should become necessary and proper from any cause that letters should be again issued.[ 1965 c 145 s 11.76.250. Prior…
RCW 11.80.010 Petition—Notice—Hearing—Appointment of trustee.
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Whenever it shall be made to appear by petition to any judge of the superior court of any county that there is property in such county, either real or personal, that requires care and attention, or is in such a condition that it is a menace to the public health, safety or welfare…
RCW 11.80.020 Inventory and appraisement—Bond of trustee.
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The trustee so appointed shall make, subscribe and file in the office of the clerk of the court an oath for the faithful performance of his or her duties, and shall, within such time as may be fixed by the judge, prepare and file an inventory of such property, and the judge shall…
RCW 11.80.030 Reports of trustee.
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The trustee shall, at the expiration of one year from the date of his or her appointment and annually thereafter and at such times as the court may direct, make and file a report and account of his or her trusteeship, setting forth specifically the amounts received and expended a…
RCW 11.80.040 Sale of property—Application of proceeds and income.
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If necessary to pay debts against the absentee which have been duly approved and allowed in the same form and manner as provided for the approving and allowing of claims against the estate of a deceased person or for such other purpose as the court may deem proper for the preserv…
RCW 11.80.050 Allowance for support of dependents—Sale of property.
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Whenever a petition is filed in said estate from which it appears to the satisfaction of the court that the owner of such property left a spouse or domestic partner, child or children, dependent upon such absentee for support or upon the property in the estate of such absentee, e…
RCW 11.80.055 Continuation of absentee's business—Performance of absentee's contracts.
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Upon a showing of advantage to the estate of the absentee, the court may authorize the trustee to continue any business of the absentee in accordance with the provisions of RCW 11.48.025. The trustee may also obtain an order allowing the performance of the absentee's contracts in…
RCW 11.80.060 Removal or resignation of trustee—Final account.
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The court shall have the power to remove or to accept the resignation of such trustee and appoint another in his or her stead. At the termination of his or her trust, as hereinafter provided or in case of his or her resignation or removal, the trustee shall file a final account, …
RCW 11.80.070 Period of trusteeship.
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Such trusteeship shall continue until such time as the owner of such property shall return or shall appoint a duly authorized agent or attorney-in-fact to care for such property, or until such time as the property shall be provisionally distributed to the presumptive heirs, or to…
RCW 11.80.080 Provisional distribution—Notice of hearing—Will.
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Whenever the owner of such property shall have been absent from the county for the space of five years and his or her whereabouts are unknown and cannot with reasonable diligence be ascertained, his or her presumptive heirs at law may apply to the court for an order of provisiona…
RCW 11.80.090 Hearing—Distribution—Bond of distributees.
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If it shall appear to the satisfaction of the court upon the hearing of the application for provisional distribution that the absentee has been absent and his or her whereabouts unknown for the space of five years, or there are strong presumptions that he or she is dead, the cour…
RCW 11.80.100 Final distribution—Notice of hearing—Decree.
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Whenever the owner of such property shall have been absent from the county for a space of seven years and his or her whereabouts are unknown and cannot with reasonable diligence be ascertained, his or her presumptive heirs at law or the legatees and devisees under the will, as th…
RCW 11.80.110 Escheat for want of presumptive heirs.
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Whenever the owner of such property for which a trustee has been appointed under the provisions of this chapter shall have been absent and unheard of for a period of seven years and no presumptive heirs at law have appeared and applied for the provisional distribution of such pro…
RCW 11.80.120 Personnel missing in action, interned, or captured construed as "absentee."
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Any person serving in or with the armed forces of the United States, in or with the Red Cross, or in or with the merchant marine or otherwise, during any period of time when a state of hostilities exists between the United States and any other power and for one year thereafter, w…
RCW 11.80.130 Summary procedure without full trustee proceeding—When permitted—Application for order—Form.
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(1) If the spouse or domestic partner of any absentee owner, or his or her next of kin, if said absentee has no spouse or domestic partner, shall wish to sell or transfer any property of the absentee which has a gross value of less than five thousand dollars, or shall require the…
RCW 11.84.010 Definitions.
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As used in this chapter:(1) "Abuser" means any person who participates, either as a principal or an accessory before the fact, in the willful and unlawful financial exploitation of a vulnerable adult.(2) "Decedent" means:(a) Any person whose life is taken by a slayer; or(b) Any d…