Title 11 — Title 11 PROBATE AND TRUST LAW
52 chapters · 970 sections in this title.
RCW 11.08.240 Limitation on filing claim.
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Any claimant to escheated funds or real property shall have seven years from the date of issuance of letters testamentary or of administration within which to file his or her claim. Such claim shall be filed with the court having original jurisdiction of the estate, and a copy th…
RCW 11.08.250 Order of court on establishment of claim—Parklands—Appraisal.
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Upon establishment of the claim to the satisfaction of the court, it shall order payment to the claimant of any escheated funds and delivery of any escheated land, or the proceeds thereof, if sold. If, however, the escheated property shall have been transferred to the state parks…
RCW 11.08.260 Payment of escheated funds to claimant.
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In the event the order of the court requires the payment of escheated funds or the proceeds of the sale of escheated real property or the appraised value of escheated property transferred for park purposes, a certified copy of such order shall be served upon the department of rev…
RCW 11.08.270 Conveyance of escheated property to claimant.
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In the event the order of the court requires the delivery of real property to the claimant, a certified copy of such order shall be served upon the department of natural resources which shall thereupon make proper certification to the office of the governor for issuance of a quit…
RCW 11.08.280 Limitation when claimant is minor or incompetent not under guardianship.
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The claims of any persons to escheated funds or real property which are not filed within seven years as specified above are forever barred, excepting as to those persons who are minors or who are legally incompetent and not under guardianship, in which event the claim may be file…
RCW 11.08.290 Deposit of cash received by personal representative of escheat estate.
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All cash received by the personal representative of an escheat estate shall be immediately deposited at interest for the benefit of the estate in a federally insured time or savings deposit or share account, except that the personal representative may maintain an amount not to ex…
RCW 11.08.300 Transfer of property to department of revenue.
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Escheat property may be transferred to the department of revenue under the provisions of RCW 11.62.005 through 11.62.020. The department of revenue shall furnish proof of death and an affidavit made by the department which meets the requirements of RCW 11.62.010 to any person who…
RCW 11.10.010 Abatement—Generally.
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(1) Except as provided in subsection (2) of this section, property of a decedent abates, without preference as between real and personal property, in the following order:(a) Intestate property;(b) Residuary gifts;(c) General gifts;(d) Specific gifts.For purposes of abatement a de…
RCW 11.10.020 Gift from mixed separate and community property.
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To the extent that a gift is to be satisfied out of a source that consists of both separate and community property, unless otherwise indicated in the will it is presumed to be a gift from separate and community property in proportion to their relative value in the property or fun…
RCW 11.10.030 Allocation of separate and community assets.
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(1) A community debt or liability is charged against the entire community property, with the surviving spouse's or surviving domestic partner's half and the decedent spouse's or decedent domestic partner's half charged equally.(2) A separate debt or liability is charged first aga…
RCW 11.10.040 Nonprobate assets.
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(1) If abatement is necessary among takers of a nonprobate asset, the court shall adopt the abatement order and limitations set out in RCW 11.10.010, 11.10.020, and 11.10.030, assigning categories in accordance with subsection (2) of this section.(2) A nonprobate transfer must be…
RCW 11.10.900 Application of chapter.
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This chapter applies in all instances in which no other abatement scheme is expressly provided.[ 1994 c 221 s 4.]Notes:Effective dates—1994 c 221: See note following RCW 11.100.035.
RCW 11.11.003 Purposes.
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The purposes of this chapter are to:(1) Enhance and facilitate the power of testators to control the disposition of assets that pass outside their wills;(2) Provide simple procedures for resolution of disputes regarding entitlement to such assets; and(3) Protect any financial ins…
RCW 11.11.005 Construction.
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(1) When construing sections and provisions of this chapter, the sections and provisions must:(a) Be liberally construed and applied to promote the purposes of this chapter;(b) Be considered part of a general act that is intended as unified coverage of the subject matter, and no …
RCW 11.11.007 Intent—Controversies between beneficiaries and testamentary beneficiaries.
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This chapter is intended to establish ownership rights to nonprobate assets upon the death of the owner, as between beneficiaries and testamentary beneficiaries. This chapter is relevant only as to controversies between these persons, and has no bearing on the right of a person t…
RCW 11.11.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1)(a) "Actual knowledge" means:(i) For a financial institution, whether acting as personal representative or otherwise, or other third party in possession or control of a …
RCW 11.11.020 Disposition of nonprobate assets under will.
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(1) Subject to community property rights, upon the death of an owner the owner's interest in any nonprobate asset specifically referred to in the owner's will belongs to the testamentary beneficiary named to receive the nonprobate asset, notwithstanding the rights of any benefici…
RCW 11.11.030 Waiver of right to dispose of a nonprobate asset under will—Revocation of waiver.
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An owner may waive the right to dispose of a specific nonprobate asset by will under this chapter, with or without consideration, by a written instrument signed by the owner and delivered to the financial institution or other third party, including but not limited to signature ca…
RCW 11.11.040 Right to rely on form of nonprobate asset—Discharge of financial institution or other third party.
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In transferring nonprobate assets, a personal representative, a financial institution, or other third party may rely conclusively and entirely upon the form of the nonprobate asset and the terms of the nonprobate asset arrangement in effect on the date of death of the owner, and …
RCW 11.11.050 Notice—Affidavit—Form—Limitation on liability for failure to provide notice.
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(1) Written notice under this chapter must be served personally or by certified mail, return receipt requested and postage prepaid, on the financial institution or other third party having the nonprobate asset in its possession or control, on the beneficiary, on the testamentary …
RCW 11.11.060 Vesting of rights and powers under chapter.
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The right to provide notice under RCW 11.11.050 and the entitlement of the testamentary beneficiary to the nonprobate asset vest immediately upon death of the owner. The power of the personal representative to direct the financial institution or other third party having the nonpr…
RCW 11.11.070 Ownership rights as between individuals preserved—Testamentary beneficiary may recover nonprobate asset from beneficiary—Limitation on action to recover.
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(1) The protection accorded to financial institutions and other third parties under RCW 11.11.040 has no bearing on the actual rights of ownership to nonprobate assets as between beneficiaries and testamentary beneficiaries, and their heirs, successors, personal representatives, …
RCW 11.11.080 Nonprobate assets not property of estate—Effect of notice on administration—Effect of preceding death of devisee or legatee.
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(1) Notwithstanding any provision of this chapter, a nonprobate asset disposed of under the owner's will may not be treated as a part of the owner's probate estate for any other purpose under this title, unless:(a) The nonprobate asset is subject to liabilities and claims, estate…
RCW 11.11.090 Transfer of nonprobate asset to testamentary beneficiary.
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(1) A financial institution's or third party's obligation to transfer a nonprobate asset to a testamentary beneficiary arises only after it has actual knowledge of the claim of the testamentary beneficiary, and after receiving written direction from the personal representative of…
RCW 11.11.100 Authority to withhold transfer—Notice—Expenses of obtaining consent, authorization, direction.
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(1) This chapter does not require any financial institution or other third party to transfer a nonprobate asset to a beneficiary, testamentary beneficiary, or other person claiming an interest in the nonprobate asset if the financial institution or third party has actual knowledg…
RCW 11.11.110 Adverse claim bond.
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Notwithstanding RCW 11.11.100, a financial institution or other third party having actual knowledge of the existence of a dispute between beneficiaries, a testamentary beneficiary, or other persons concerning rights to a nonprobate asset under this chapter may condition transfer …
RCW 11.11.900 Short title.
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This chapter may be known and cited as the testamentary disposition of nonprobate assets act.[ 1998 c 292 s 101.]
RCW 11.11.901 Application of chapter.
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This chapter applies to any will of an owner who dies while a resident of this state on or after July 1, 1999, regardless of whether the will was executed or republished before or after July 1, 1999, and regardless of whether the beneficiary of the nonprobate asset was designated…
RCW 11.11.903 Effective dates—1998 c 292.
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(1) Sections 101 through 116 and 118 of this act take effect July 1, 1999.(2) Sections 117, 201 through 205, 301, 401, 501 through 507, and 604 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and …
RCW 11.12.010 Who may make a will.
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Any person of sound mind who has attained the age of eighteen years may, by last will, devise all his or her estate, both real and personal.All wills executed subsequent to September 16, 1940, and which meet the requirements of this section are hereby validated and shall have all…
RCW 11.12.020 Requisites of wills—Foreign wills—Electronic presence.
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(1) Except as provided in RCW 11.12.400 through 11.12.491, every will shall be in writing signed by the testator or by some other person under the testator's direction in the testator's presence or electronic presence, and shall be attested by two or more competent witnesses, by …
RCW 11.12.025 Nuncupative wills.
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Nothing contained in this chapter shall prevent any member of the armed forces of the United States or person employed on a vessel of the United States merchant marine from disposing of his wages or personal property, or prevent any person competent to make a will from disposing …
RCW 11.12.030 Signature of testator at his or her direction—Signature by mark.
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Every person who shall sign the testator's or testatrix's name to any will by his or her direction shall subscribe his or her own name to such will and state that he or she subscribed the testator's name at his or her request: PROVIDED, That such signing and statement shall not b…
RCW 11.12.040 Revocation of will—How effected—Effect on codicils.
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(1) A will, or any part thereof, can be revoked:(a) By a subsequent will that revokes, or partially revokes, the prior will expressly or by inconsistency; or(b) By being burnt, torn, canceled, obliterated, destroyed, or a physical act, with the intent and for the purpose of revok…
RCW 11.12.051 Dissolution, invalidation, or termination of marriage or domestic partnership.
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(1) If, after making a will, the testator's marriage or domestic partnership is dissolved, invalidated, or terminated, all provisions in the will in favor of or granting any interest or power to the testator's former spouse or former domestic partner are revoked, unless the will …
RCW 11.12.060 Agreement to convey does not revoke.
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A bond, covenant, or agreement made for a valuable consideration by a testator to convey any property, devised or bequeathed in any last will previously made, shall not be deemed a revocation of such previous devise or bequest, but such property shall pass by the devise or beques…
RCW 11.12.070 Devise or bequeathal of property subject to encumbrance.
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When any real or personal property subject to a mortgage is specifically devised, the devisee shall take such property so devised subject to such mortgage unless the will provides that such mortgage be otherwise paid. The term "mortgage" as used in this section shall not include …
RCW 11.12.080 Revocation of later will or codicil—Effect—Evidence.
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(1) If, after making any will, the testator shall execute a later will that wholly revokes the former will, the destruction, cancellation, or revocation of the later will shall not revive the former will, unless it was the testator's intention to revive it.(2) Revocation of a cod…
RCW 11.12.091 Omitted child.
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(1) If a will fails to name or provide for a child of the decedent who is born or adopted by the decedent after the will's execution and who survives the decedent, referred to in this section as an "omitted child," the child must receive a portion of the decedent's estate as prov…
RCW 11.12.095 Omitted spouse or omitted domestic partner.
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(1) If a will fails to name or provide for a spouse or domestic partner of the decedent whom the decedent marries or enters into a domestic partnership after the will's execution and who survives the decedent, referred to in this section as an "omitted spouse" or "omitted domesti…
RCW 11.12.110 Death of grandparent's issue before grantor.
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Unless otherwise provided, when any property shall be given or any appointee appointed under a will, or under a trust of which the decedent is a grantor and which by its terms becomes irrevocable upon or before the grantor's death, to any issue of a grandparent of the decedent an…
RCW 11.12.120 Lapsed gift—Procedure and proof.
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(1) If a will makes a gift to a person on the condition that the person survive the testator and the person does not survive the testator, then, unless otherwise provided, the gift lapses and falls into the residue of the estate to be distributed under the residuary clause of the…
RCW 11.12.160 Interested witness—Effect on will.
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(1) An interested witness to a will is one who would receive a gift under the will.(2) A will or any of its provisions is not invalid because it is signed by an interested witness. Unless there are at least two other subscribing witnesses to the will who are not interested witnes…
RCW 11.12.170 Devise of land, what passes.
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Every devise of land in any will shall be construed to convey all the estate of the devisor therein which he or she could lawfully devise, unless it shall clearly appear by the will that he or she intended to convey a less estate.[ 2010 c 8 s 2013; 1965 c 145 s 11.12.170. Prior: …
RCW 11.12.180 Rule in Shelley's Case abolished—Future distribution or interest to heirs.
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The Rule in Shelley's Case is abolished as a rule of law and as a rule of construction. If an applicable statute or a governing instrument calls for a future distribution to or creates a future interest in a designated individual's "heirs," "heirs at law," "next of kin," "relativ…
RCW 11.12.185 Doctrine of Worthier Title abolished—Exception.
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The Doctrine of Worthier Title is abolished as a rule of law and as a rule of construction. However, the Doctrine of Worthier Title is preserved as a rule of construction if:(1) A grantor has established in inter vivos trust of real property;(2) The grantor has expressly reserved…
RCW 11.12.190 Will to operate on after-acquired property.
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Any estate, right or interest in property acquired by the testator after the making of his or her will may pass thereby and in like manner as if title thereto was vested in him or her at the time of making the will, unless the contrary manifestly appears by the will to have been …
RCW 11.12.220 No interest on devise unless will so provides.
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No interest shall be allowed or calculated on any devise contained in any will unless such will expressly provides for such interest.[ 1965 c 145 s 11.12.220. Prior: 1917 c 156 s 26; RRS s 1396.]
RCW 11.12.230 Intent of testator controlling.
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All courts and others concerned in the execution of last wills shall have due regard to the direction of the will, and the true intent and meaning of the testator, in all matters brought before them.[ 1965 c 145 s 11.12.230. Prior: 1917 c 156 s 45; RRS s 1415; prior: Code 1881 s …
RCW 11.12.250 Gift to trust.
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A gift may be made by a will to a trustee of a trust executed by any trustor or testator (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts) if (1) the trust is identified in the testat…