Title 11 — Title 11 PROBATE AND TRUST LAW

No slayer or abuser shall in any way acquire any property or receive any benefit as the result of the death of the decedent, but such property shall pass as provided in the sections following.[ 2009 c 525 s 2; 1965 c 145 s 11.84.020. Prior: 1955 c 141 s 2.]

Proceeds payable to a slayer or abuser as the beneficiary of any benefits flowing from one of the retirement systems listed in RCW 41.50.030, by virtue of the decedent's membership in the department of retirement systems or by virtue of the death of decedent, shall be paid instea…

The slayer or abuser shall be deemed to have predeceased the decedent as to property which would have passed from the decedent or his or her estate to the slayer or abuser under the statutes of descent and distribution or have been acquired by statutory right as surviving spouse …

Property which would have passed to or for the benefit of the slayer or abuser by devise or legacy from the decedent shall be distributed as if he or she had predeceased the decedent.[ 2009 c 525 s 5; 1965 c 145 s 11.84.040. Prior: 1955 c 141 s 4.]

(1) One-half of any property held by the slayer or abuser and the decedent as joint tenants, joint owners or joint obligees shall pass upon the death of the decedent to his or her estate, and the other half shall pass to his or her estate upon the death of the slayer or abuser, u…

Property in which the slayer holds a reversion or vested remainder and would have obtained the right of present possession upon the death of the decedent shall pass to the estate of the decedent during the period of the life expectancy of decedent; if he or she held the particula…

Any interest in property whether vested or not, held by the slayer or abuser, subject to be divested, diminished in any way or extinguished, if the decedent survives him or her or lives to a certain age, shall be held by the slayer or abuser during his or her lifetime or until th…

As to any contingent remainder or executory or other future interest held by the slayer or abuser, subject to become vested in him or her or increased in any way for him or her upon the condition of the death of the decedent:(1) If the interest would not have become vested or inc…

(1) Property appointed by the will of the decedent to or for the benefit of the slayer or abuser shall be distributed as if the slayer or abuser had predeceased the decedent.(2) Property held either presently or in remainder by the slayer or abuser, subject to be divested by the …

(1) Insurance proceeds payable to the slayer or abuser as the beneficiary or assignee of any policy or certificate of insurance on the life of the decedent, or as the survivor of a joint life policy, shall be paid instead to the estate of the decedent, unless the policy or certif…

Any insurance company making payment according to the terms of its policy or any bank or other person performing an obligation for the slayer or abuser as one of several joint obligees shall not be subjected to additional liability by the terms of this chapter if such payment or …

The provisions of this chapter shall not affect the rights of any person who, before the interests of the slayer or abuser have been adjudicated, purchases or has agreed to purchase, from the slayer or abuser for value and without notice property which the slayer or abuser would …

Any record of conviction for having participated in the willful and unlawful killing of the decedent or for conduct constituting financial exploitation against the decedent, including but not limited to theft, forgery, fraud, identity theft, robbery, burglary, or extortion, shall…

(1) A final judgment of conviction for the willful and unlawful killing of the decedent is conclusive for purposes of determining whether a person is a slayer under this section. A finding of not guilty by reason of insanity for the willful and unlawful killing of the decedent ca…

(1) A final judgment of conviction for conduct constituting financial exploitation against the decedent, including but not limited to theft, forgery, fraud, identity theft, robbery, burglary, or extortion, is conclusive for purposes of determining whether a person is an abuser un…

(1) In determining whether a person is an abuser for purposes of this chapter, the court must find by clear, cogent, and convincing evidence that:(a) The decedent was a vulnerable adult at the time the alleged financial exploitation took place; and(b) The conduct constituting fin…

Notwithstanding the provisions of this chapter:(1) An abuser is entitled to acquire or receive an interest in property or any other benefit described in this chapter if the court determines by clear, cogent, and convincing evidence that the decedent:(a) Knew of the financial expl…

The provisions of this act are supplemental to, and do not derogate from, any other statutory or common law proceedings, theories, or remedies including, but not limited to, the common law allocation of the burden of proof or production among the parties.[ 2009 c 525 s 21.]

This chapter shall be construed broadly to effect the policy of this state that no person shall be allowed to profit by his or her own wrong, wherever committed.[ 2010 c 8 s 2087; 1998 c 292 s 503; 1965 c 145 s 11.84.900. Prior: 1955 c 141 s 14.]Notes:Application—Conflict with fe…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Beneficiary" means the person entitled, but for the person's disclaimer, to take an interest.(2) "Creator of the interest" means a person who establishes, declares, o…

(1) A beneficiary may disclaim an interest in whole or in part, or with reference to specific parts, shares or assets, in the manner provided in RCW 11.86.031.(2) Likewise, a beneficiary may so disclaim through an agent or attorney so authorized by written instrument.(3) A person…

(1) The disclaimer must:(a) Be in writing;(b) Be signed by the disclaimant;(c) Identify the interest to be disclaimed; and(d) State the disclaimer and the extent thereof.(2) The disclaimer must be delivered or mailed as provided in subsection (3) of this section at any time after…

(1) Unless the instrument creating an interest directs to the contrary, the interest disclaimed shall pass as if the beneficiary had died immediately prior to the date of the transfer of the interest. The disclaimer shall relate back to this date for all purposes.(2) Unless the b…

(1) A beneficiary may not disclaim an interest if:(a) The beneficiary has accepted the interest or a benefit thereunder;(b) The beneficiary has assigned, conveyed, encumbered, pledged, or otherwise transferred the interest, or has contracted therefor;(c) The interest has been sol…

A beneficiary may disclaim under this chapter notwithstanding any limitation on the interest of the beneficiary in the nature of a spendthrift provision or similar restriction.[ 1989 c 34 s 6.]

No legal representative of a creator of the interest, holder of legal title to property an interest in which is disclaimed, or person having possession of the property shall be liable for any otherwise proper distribution or other disposition made without actual knowledge of the …

This chapter shall not abridge the right of any person, apart from this chapter, under any existing or future statute or rule of law, to disclaim any interest or to assign, convey, release, renounce or otherwise dispose of any interest.[ 1973 c 148 s 9.]

Any interest which exists on June 7, 1973 but which has not then become indefeasibly vested, or the taker of which has not then become finally ascertained, or of the existence of the transfer of which the beneficiary lacks knowledge, may be disclaimed after June 7, 1973 in the ma…

This chapter may be cited as the uniform adult guardianship and protective proceedings jurisdiction act.[ 2009 c 81 s 1.]Notes:Effective date—2009 c 81: "This act takes effect January 1, 2010." [ 2009 c 81 s 24.]

In this chapter:(1) "Adult" means an individual who has attained eighteen years of age.(2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 11.130 RCW, and includes a conservator appointed by th…

A court of this state may treat a foreign country as if it were a state for the purpose of applying this chapter.[ 2009 c 81 s 3.]Notes:Effective date—2009 c 81: See note following RCW 11.90.010.

(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (2) of this section, the court shall make a …

(1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:(a) Hold an evidentiary hearing;(b) Order a person in that state to produce evidence or give testimony pursuant to pro…

(1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its…

(1) In this chapter:(a) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the responden…

This chapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult under chapter 11.130 RCW.[ 2020 c 312 s 712; 2009 c 81 s 8.]Notes:Effective dates—2020 c 312: See note following RCW 11.130.915.Effect…

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:(1) This state is the respondent's home state;(2) On the date the petition is filed, this state is a significant-connection state and:(a) The respondent does not have a ho…

(1) A court of this state lacking jurisdiction under RCW 11.90.220 has special jurisdiction to do any of the following:(a) Appoint a guardian in an emergency for a term not exceeding sixty days for a respondent who is physically present in this state;(b) Issue a protective order …

Except as otherwise provided in RCW 11.90.230, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by …

(1) A court of this state having jurisdiction under RCW 11.90.220 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.(2) If a court of this state decline…

(1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:(a) Decline to exercise jurisdiction;(b) Exercise jurisdiction for the limited purpose of fashioning…

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the pet…

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under RCW 11.90.230(1) (a) or (b), if a petition for the appointment of a guardian or issuance of a protective order is filed in thi…

(1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.(2) Notice of a petition under subsection (1) of this section must be given to the persons that would be entitled to notice of a petition …

(1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to RCW 11.90.400, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified…

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in…

If a guardian of the estate or conservator has been appointed in another state and a petition for a protective order is not pending in this state, the guardian of the estate or conservator appointed in the other state, after giving notice to the appointing court of an intent to r…

(1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceeding…

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.[ 2009 c 81 s 21.]Notes:Effective date—2009 c 81: See note following RCW 11.90.010.

This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of th…