title: RCW 11.40.150

text:
(1) If a personal representative has given notice under RCW 11.40.020 and then resigns, dies, or is removed, the successor personal representative shall:
(a) Publish notice of the vacancy and succession for two successive weeks in the legal newspaper in which notice was published under RCW 11.40.020 if the vacancy occurred within twenty-four months after the decedent's date of death; and
(b) Provide actual notice of the vacancy and succession to a creditor if: (i) The creditor filed a claim and the claim had not been accepted or rejected by the prior personal representative; or (ii) the creditor's claim was rejected and the vacancy occurred within thirty days after rejection of the claim.
(2) The time between the resignation, death, or removal and first publication of the vacancy and succession or, in the case of actual notice, the mailing of the notice of vacancy and succession must be added to the time within which a claim must be presented or a suit on a rejected claim must be filed. This section does not extend the twenty-four month self-executing bar under RCW 11.40.051.
[ 1997 c 252 s 22; 1965 c 145 s 11.40.150. Prior: 1939 c 26 s 1; 1917 c 156 s 121; RRS s 1491; prior: 1891 c 155 s 28; Code 1881 s 1485; 1873 p 288 s 172; 1867 p 106 s 3.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Notice to creditors when personal representative resigns, dies, or is removed—Limit tolled by vacancy.


doc_type: statute

jurisdiction: wa

title: RCW 11.40.160

text:
If a notice agent had commenced nonprobate notice to creditors under chapter 11.42 RCW, the appointment of the personal representative does not affect the filing and publication of notice to creditors and does not affect actual notice to creditors given by the notice agent. The personal representative is presumed to have adopted or ratified all acts of the notice agent unless, within thirty days of appointment, the personal representative provides notice of rejection or nullification to the affected claimant or claimants by personal service or certified mail addressed to the claimant or claimant's agent, if applicable, at the address stated on the claim. The personal representative shall also provide notice under RCW 11.42.150.
[ 1997 c 252 s 23.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Personal representative as successor to notice agent—Notice not affected—Presumptions—Duties.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 11.40.900

text:
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 marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 31.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 11.42.010

text:
(1) Subject to the conditions stated in this chapter, and if no personal representative has been appointed in this state, a beneficiary or trustee who has received or is entitled to receive by reason of the decedent's death substantially all of the decedent's probate and nonprobate assets, is qualified to give nonprobate notice to creditors under this chapter.
If no one beneficiary or trustee has received or is entitled to receive substantially all of the assets, then those persons, who in the aggregate have received or are entitled to receive substantially all of the assets, may, under an agreement under RCW 11.96A.220, appoint a person who is then qualified to give nonprobate notice to creditors under this chapter.
(2) A person or group of persons is deemed to have received substantially all of the decedent's probate and nonprobate assets if the person or the group, at the time of the filing of the declaration and oath referred to in subsection (3) of this section, in reasonable good faith believed that the person or the group had received, or was entitled to receive by reason of the decedent's death, substantially all of the decedent's probate and nonprobate assets.
(3)(a) The "notice agent" means the qualified person who:
(i) Pays a filing fee to the clerk of the superior court in a county in which probate may be commenced regarding the decedent, the "notice county", and receives a cause number; and
(ii) Files a declaration and oath with the clerk.
(b) The declaration and oath must be made in affidavit form or under penalty of perjury and must state that the person making the declaration believes in reasonable good faith that the person is qualified under this chapter to act as the notice agent and that the person will faithfully execute the duties of the notice agent as provided in this chapter.
(4) The following persons are not qualified to act as notice agent:
(a) Corporations, trust companies, and national banks, except: (i) Such entities as are authorized to do trust business in this state; and (ii) professional service corporations that are regularly organized under the laws of this state whose shareholder or shareholders are exclusively attorneys;
(b) Minors;
(c) Persons of unsound mind;
(d) Persons who have been convicted of a felony or of a misdemeanor involving moral turpitude; and
(e) Persons who have given notice under this chapter and who thereafter become of unsound mind or are convicted of a felony or misdemeanor involving moral turpitude. This disqualification does not bar another person, otherwise qualified, from acting as successor notice agent.
(5) A nonresident may act as notice agent if the nonresident appoints an agent who is a resident of the notice county or who is attorney of record for the notice agent upon whom service of all papers may be made. The appointment must be made in writing and filed with the court.
[ 1999 c 42 s 609; 1997 c 252 s 24; 1994 c 221 s 31.]
Notes:
Effective date—1999 c 42: See RCW 11.96A.902.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Notice agent—Qualifications.


title: RCW 11.42.020

text:
(1) Subject to subsection (2) of this section, a notice agent may give nonprobate notice to the creditors of the decedent if:
(a) As of the date of the filing of the notice to creditors with the court, the notice agent has no knowledge of another person acting as notice agent or of the appointment of a personal representative in the decedent's estate in the state of Washington; and
(b) According to the records of the court as are available on the date of the filing of the notice to creditors, no cause number regarding the decedent has been issued to any other notice agent and no personal representative of the decedent's estate had been appointed.
(2) The notice agent must give notice to the creditors of the decedent, in substantially the form set forth in RCW 11.42.030, announcing that the notice agent has elected to give nonprobate notice to creditors and requiring that persons having claims against the decedent present their claims within the time specified in RCW 11.42.050 or be forever barred as to claims against the decedent's probate and nonprobate assets.
(a) The notice agent shall file the notice with the court.
(b) The notice agent shall cause the notice to be published once each week for three successive weeks in a legal newspaper in the notice county.
(c) The notice agent may at any time give actual notice to creditors who become known to the notice agent by serving the notice on the creditor or mailing the notice to the creditor at the creditor's last known address, by regular first-class mail, postage prepaid.
(d) The notice agent shall also mail a copy of the notice, including the decedent's social security number, to the state of Washington department of social and health services' office of financial recovery.
(e) If the decedent was a resident of the state of Washington at the time of death and the notice agent's declaration and oath were filed in a county other than the county of the decedent's residence, then instead of the requirements in (a) and (b) of this subsection, the notice agent shall cause the notice to creditors in substantially the form set forth in RCW 11.42.030 to be published once each week for three successive weeks in a legal newspaper in the county of the decedent's residence and shall file the notice with the superior court of the county in which the notice agent's declaration and oath were filed.
The notice agent shall file with the court proof by affidavit of the giving and publication of the notice.
[ 2005 c 97 s 8; 1997 c 252 s 25; 1995 1st sp.s. c 18 s 59; 1994 c 221 s 32.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective dates—1994 c 221: See note following RCW 11.100.035.


title: RCW 11.42.030

text:
Notice under RCW 11.42.020 must contain the following elements in substantially the following form:
)
CAPTION
)
No.
OF CASE
)
NONPROBATE
)
NOTICE TO CREDITORS
)
RCW 11.42.030
. . . .
)
The notice agent named below has elected to give notice to creditors of the above-named decedent. As of the date of the filing of a copy of this notice with the court, the notice agent has no knowledge of any other person acting as notice agent or of the appointment of a personal representative of the decedent's estate in the state of Washington. According to the records of the court as are available on the date of the filing of this notice with the court, a cause number regarding the decedent has not been issued to any other notice agent and a personal representative of the decedent's estate has not been appointed.
Any person having a claim against the decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.42.070 by serving on or mailing to the notice agent or the notice agent's attorney at the address stated below a copy of the claim and filing the original of the claim with the court in which the notice agent's declaration and oath were filed. The claim must be presented within the later of: (1) Thirty days after the notice agent served or mailed the notice to the creditor as provided under RCW 11.42.020(2)(c); or (2) four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.42.050 and 11.42.060. This bar is effective as to claims against both the decedent's probate and nonprobate assets.
Date of First
Publication:
The notice agent declares under penalty of perjury under the laws of the state of Washington on , [year] , at [city] , [state] that the foregoing is true and correct.
. . . .
Signature of Notice Agent
Notice Agent:
Attorney for the Notice Agent:
Address for Mailing or Service:
Court of Notice Agent's oath and declaration and cause number:
[ 2005 c 97 s 9; 1997 c 252 s 26; 1994 c 221 s 33.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Notice to creditors—Form.


title: RCW 11.42.040

text:
(1) For purposes of RCW 11.42.050, a "reasonably ascertainable" creditor of the decedent is one that the notice agent would discover upon exercise of reasonable diligence. The notice agent is deemed to have exercised reasonable diligence upon conducting a reasonable review of the decedent's correspondence, including correspondence received after the date of death, and financial records, including personal financial statements, loan documents, checkbooks, bank statements, and income tax returns, that are in the possession of or reasonably available to the notice agent.
(2) If the notice agent conducts the review, the notice agent is presumed to have exercised reasonable diligence to ascertain creditors of the decedent and any creditor not ascertained in the review is presumed not reasonably ascertainable within the meaning of RCW 11.42.050. These presumptions may be rebutted only by clear, cogent, and convincing evidence.
(3) The notice agent may evidence the review and resulting presumption by filing with the court an affidavit regarding the facts referred to in this section. The notice agent may petition the court for an order declaring that the notice agent has made a review and that any creditors not known to the notice agent are not reasonably ascertainable. The petition must be filed under RCW 11.96A.080, and the notice specified under RCW 11.96A.110 must also be given by publication.
[ 1999 c 42 s 610; 1997 c 252 s 27; 1994 c 221 s 34.]
Notes:
Effective date—1999 c 42: See RCW 11.96A.902.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: "Reasonably ascertainable" creditor—Definition—Reasonable diligence—Presumptions—Petition for order.


title: RCW 11.42.050

text:
(1) If a notice agent provides notice under RCW 11.42.020, any person having a claim against the decedent is forever barred from making a claim or commencing an action against the decedent if the claim or action is not already barred by an otherwise applicable statute of limitations, unless the creditor presents the claim in the manner provided in RCW 11.42.070 within the following time limitations:
(a) If the notice agent provided notice under RCW 11.42.020(2) (a) and (b) and the creditor was given actual notice as provided in RCW 11.42.020(2)(c), the creditor must present the claim within the later of: (i) Thirty days after the notice agent's service or mailing of notice to the creditor; and (ii) four months after the date of first publication of the notice;
(b) If the notice agent provided notice under RCW 11.42.020(2) (a) and (b) and the creditor was not given actual notice as provided in RCW 11.42.020(2)(c):
(i) If the creditor was not reasonably ascertainable, as defined in RCW 11.42.040, the creditor must present the claim within four months after the date of first publication of the notice;
(ii) If the creditor was reasonably ascertainable, as defined in RCW 11.42.040, the creditor must present the claim within twenty-four months after the decedent's date of death.
(2) Any otherwise applicable statute of limitations applies without regard to the tolling provisions of RCW 4.16.190.
(3) This bar is effective as to claims against both the decedent's probate and nonprobate assets.
[ 1997 c 252 s 28; 1994 c 221 s 35.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Claims against decedent—Time limits.


title: RCW 11.42.060

text:
The time limitations for presenting claims under this chapter do not accrue to the benefit of any liability or casualty insurer. Claims against the decedent or the decedent's marital community that can be fully satisfied by applicable insurance coverage or proceeds need not be presented within the time limitation of RCW 11.42.050, but the amount of recovery cannot exceed the amount of the insurance. If a notice agent provides notice under RCW 11.42.020, the claims may at any time be presented as provided in RCW 11.42.070, subject to the otherwise relevant statutes of limitations, and does not constitute a cloud, lien, or encumbrance upon the title to the decedent's probate or nonprobate assets nor delay or prevent the transfer or distribution of the decedent's assets. This section does not serve to extend any otherwise relevant statutes of limitations.
[ 1997 c 252 s 29; 1994 c 221 s 36.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Claims involving liability or casualty insurance—Limitations—Exceptions to time limits.


title: RCW 11.42.070

text:
(1) The claimant, the claimant's attorney, or the claimant's agent shall sign the claim and include in the claim the following information:
(a) The name and address of the claimant;
(b) The name, address, if different from that of the claimant, and nature of authority of an agent signing the claim on behalf of the claimant;
(c) A statement of the facts or circumstances constituting the basis of the claim;
(d) The amount of the claim; and
(e) If the claim is secured, unliquidated, contingent, or not yet due, the nature of the security, the nature of the uncertainty, or the date when it will become due.
Failure to describe correctly the information in (c), (d), or (e) of this subsection, if the failure is not substantially misleading, does not invalidate the claim.
(2) A claim does not need to be supported by affidavit.
(3) A claim must be presented within the time limits set forth in RCW 11.42.050 by: (a) Serving on or mailing to, by regular first-class mail, the notice agent or the notice agent's attorney a copy of the signed claim; and (b) filing the original of the signed claim with the court in which the notice agent's declaration and oath were filed. A claim is deemed presented upon the later of the date of postmark or service on the notice agent, or the notice agent's attorney, and filing with the court.
(4) Notwithstanding any other provision of this chapter, if a claimant makes a written demand for payment within the time limits set forth in RCW 11.42.050, the notice agent may waive formal defects and elect to treat the demand as a claim properly filed under this chapter if: (a) The claim was due; (b) the amount paid was the amount of indebtedness over and above all payments and offsets; (c) the estate is solvent; and (d) the payment is made in good faith. Nothing in this chapter limits application of the doctrines of waiver, estoppel, or detrimental claims or any other equitable principle.
[ 2005 c 97 s 10; 1997 c 252 s 30; 1994 c 221 s 37.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Claims—Form—Manner of presentation—Waiver of defects.


title: RCW 11.42.080

text:
(1) The notice agent shall allow or reject all claims presented in the manner provided in RCW 11.42.070. The notice agent may allow or reject a claim, in whole or in part.
(2) If the notice agent has not allowed or rejected a claim within the later of four months from the date of first publication of the notice to creditors and thirty days from presentation of the claim, the claimant may serve written notice on the notice agent that the claimant will petition the court to have the claim allowed. If the notice agent fails to notify the claimant of the allowance or rejection of the claim within twenty days after the notice agent's receipt of the claimant's notice, the claimant may petition the court for a hearing to determine whether the claim should be allowed or rejected, in whole or in part. If the court substantially allows the claim, the court may allow the petitioner reasonable attorneys' fees chargeable against the decedent's assets received by the notice agent or by those appointing the notice agent.
[ 1997 c 252 s 31; 1994 c 221 s 38.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Claims—Duty to allow or reject—Notice of petition to allow—Attorneys' fees.


title: RCW 11.42.085

text:
(1) The decedent's nonprobate and probate assets that were subject to the satisfaction of the decedent's general liabilities immediately before the decedent's death are liable for claims. The decedent's probate assets may be liable, whether or not there is a probate administration of the decedent's estate.
(2) The notice agent may pay a claim allowed by the notice agent or a judgment on a claim first prosecuted against a notice agent only out of assets received as a result of the death of the decedent by the notice agent or by those appointing the notice agent, except as may be provided by agreement under RCW 11.96A.220 or by court order issued in a judicial proceeding under RCW 11.96A.080.
[ 1999 c 42 s 611; 1997 c 252 s 32.]
Notes:
Effective date—1999 c 42: See RCW 11.96A.902.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Property liable for claims—Payment limits.


title: RCW 11.42.090

text:
(1) If the notice agent allows a claim, the notice agent shall notify the claimant of the allowance by personal service or regular first-class mail to the address stated on the claim. A claim may not be allowed if it is barred by a statute of limitations.
(2) The notice agent shall pay claims allowed in the following order from the assets of the decedent that are subject to the payment of claims as provided in RCW 11.42.085:
(a) Costs of administering the assets subject to the payment of claims, including a reasonable fee to the notice agent, any resident agent for the notice agent, reasonable attorneys' fees for the attorney for each of them, filing fees, publication costs, mailing costs, and similar costs and fees;
(b) Funeral expenses in a reasonable amount;
(c) Expenses of the last sickness in a reasonable amount;
(d) Wages due for labor performed within sixty days immediately preceding the death of the decedent;
(e) Debts having preference by the laws of the United States;
(f) Taxes, debts, or dues owing to the state;
(g) Judgments rendered against the decedent in the decedent's lifetime that are liens upon real estate on which executions might have been issued at the time of the death of the decedent and debts secured by mortgages in the order of their priority; and
(h) All other demands against the assets subject to the payment of claims.
(3) The notice agent may not pay a claim of the notice agent or other person who has received property by reason of the decedent's death unless all other claims that have been filed under this chapter, and all debts having priority to the claim, are paid in full or otherwise settled by agreement, regardless of whether the other claims are allowed or rejected.
[ 1997 c 252 s 33; 1994 c 221 s 39.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Allowance of claims—Notice—Payment order.


title: RCW 11.42.100

text:
(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 with the court showing the notification and the date of the notification. The notice agent shall notify the claimant of the rejection by personal service or certified mail addressed to the claimant or claimant's agent, if applicable, at the address stated in the claim. The date of service or of the postmark is the date of notification. The notification must advise the claimant that the claimant must bring suit in the proper court against the notice agent within thirty days after notification of rejection or the claim will be forever barred.
(2) If a claimant brings suit against the notice agent on a rejected claim and the notice agent has not received substantially all assets of the decedent that are liable for claims, the notice agent may only make an appearance in the action and may not answer the action but must cause a petition to be filed for the appointment of a personal representative within thirty days after service of the creditor's action on the notice agent. Under these circumstances, a judgment may not be entered in an action brought by a creditor against the notice agent earlier than twenty days after the personal representative has been substituted in that action for the notice agent.
(3) The notice agent may, before or after rejection of any claim, compromise the claim, whether due or not, absolute or contingent, liquidated, or unliquidated.
[ 1997 c 252 s 34; 1994 c 221 s 40.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Rejection of claim—Time limits—Notice—Time limit for suit—Compromise of claim.


title: RCW 11.42.110

text:
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 following RCW 11.100.035.

catchline: Effect of judgment against notice agent.


title: RCW 11.42.120

text:
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 lien on any property of the decedent, the property may be sold for the satisfaction of the judgment and the officer making the sale shall account to the notice agent for any surplus.
[ 1997 c 252 s 36; 1994 c 221 s 42.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Execution barred upon decedent's death—Presentation—Sale of property.


title: RCW 11.42.125

text:
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:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Secured claim—Creditor's right.


title: RCW 11.42.130

text:
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 221: See note following RCW 11.100.035.

catchline: Claim of notice agent or beneficiary—Payment.


title: RCW 11.42.140

text:
(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 successive weeks in the legal newspaper in which notice was published under RCW 11.42.020, if the vacancy occurred within twenty-four months after the decedent's date of death; and
(b) Provide actual notice of the vacancy and succession to a creditor if: (i) The creditor filed a claim and the claim had not been allowed or rejected by the prior notice agent; or (ii) the creditor's claim was rejected and the vacancy occurred within thirty days after rejection of the claim.
(2) The time between the resignation, death, or removal of the notice agent or appointment of a personal representative and the first publication of the vacancy and succession or, in the case of actual notice, the mailing of the notice of vacancy and succession must be added to the time within which a claim must be presented or a suit on a rejected claim must be filed. This section does not extend the twenty-four-month self-executing bar under RCW 11.42.050.
[ 1997 c 252 s 39; 1994 c 221 s 45.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Notice to creditors when notice agent resigns, dies, or is removed—Limit tolled by vacancy.


title: RCW 11.42.150

text:
(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 not affect the filing and publication of notice to creditors and does not affect actual notice to creditors given by the notice agent.
(2) As set forth in RCW 11.40.160, a personal representative may adopt, ratify, nullify, or reject any actions of the notice agent.
(3) If a personal representative is appointed and the personal representative does not nullify the allowance of a claim that the notice agent allowed and paid, the person or persons whose assets were used to pay the claim may petition for reimbursement from the estate to the extent the payment was not in accordance with chapter 11.10 RCW.
[ 1997 c 252 s 40; 1994 c 221 s 44.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: 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.


title: RCW 11.42.900

text:
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 marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 32.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 11.44.015

text:
(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 and which shall have come to the personal representative's possession or knowledge, including a statement of all encumbrances, liens, or other secured charges against any item. The personal representative shall determine the fair net value, as of the date of the decedent's death, of each item contained in the inventory after deducting the encumbrances, liens, and other secured charges on the item. Such property shall be classified as follows:
(a) Real property, by legal description;
(b) Stocks and bonds;
(c) Mortgages, notes, and other written evidences of debt;
(d) Bank accounts and money;
(e) Furniture and household goods;
(f) All other personal property accurately identified, including the decedent's proportionate share in any partnership, but no inventory of the partnership property shall be required of the personal representative.
(2) The inventory and appraisement may, but need not be, filed in the probate cause, but upon receipt of a written request for a copy of the inventory and appraisement from any heir, legatee, devisee, unpaid creditor who has filed a claim, or beneficiary of a nonprobate asset from whom contribution is sought under RCW 11.18.200, or from the department of revenue, the personal representative shall furnish to the person, within ten days of receipt of a request, a true and correct copy of the inventory and appraisement.
[ 1997 c 252 s 41; 1967 c 168 s 9; 1965 c 145 s 11.44.015. Formerly RCW 11.44.010, part and 11.44.020, part.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Inventory and appraisement on death of partner—Filing: RCW 11.64.002.

catchline: Inventory and appraisement—Filing—Copy distribution.


title: RCW 11.44.025

text:
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 and appraisement of the property within thirty days after the discovery thereof, unless a longer time shall be granted by the court, and shall provide a copy of the inventory and appraisement to every person who has properly requested a copy of the inventory and appraisement under RCW 11.44.015(2).
[ 1997 c 252 s 42; 1974 ex.s. c 117 s 48; 1965 c 145 s 11.44.025. Prior: 1917 c 156 s 100; RCW 11.44.060; RRS s 1470; prior: Code 1881 s 1453; 1873 p 281 s 138; 1854 p 277 s 64.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Additional inventory and appraisement—Copy distribution.


title: RCW 11.44.035

text:
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. Any party in interest in the estate may challenge the inventory and appraisement at any stage of the probate proceedings.
[ 1997 c 252 s 43; 1965 c 145 s 11.44.035. Prior: Code 1881 s 721; 1877 p 146 s 725; 1869 p 166 s 662; RCW 11.48.170; RRS s 970.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Inventory and appraisement may be contradicted or avoided.


title: RCW 11.44.050

text:
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 letters testamentary or of administration; and the personal representative shall be liable on his or her bond to any party interested for the injury sustained by the estate through his or her neglect.
[ 1997 c 252 s 44; 1965 c 145 s 11.44.050. Prior: 1917 c 156 s 99; RRS s 1469; prior: Code 1881 s 1457; 1873 p 281 s 138; 1854 p 278 s 69.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Inventory and appraisement—Failure to return or provide copy—Revocation of letters.


title: RCW 11.44.070

text:
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 different kinds of assets included in the estate. The amount of the fee to be paid to any persons assisting the personal representative in any appraisement shall be determined by the personal representative: PROVIDED HOWEVER, That the reasonableness of any such compensation shall, at the time of hearing on any final account as provided in chapter 11.76 RCW or on a request or petition under RCW 11.68.100 or 11.68.110, be reviewed by the court in accordance with the provisions of RCW 11.68.100, and if the court determines the compensation to be unreasonable, a personal representative may be ordered to make appropriate refund.
[ 1997 c 252 s 45; 1974 ex.s. c 117 s 50; 1967 c 168 s 10; 1965 c 145 s 11.44.070. Formerly RCW 11.44.010, part.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.
Effective date—1965 c 145: See RCW 11.99.010.

catchline: Persons assisting in appraisement—Compensation—Refund.


title: RCW 11.44.085

text:
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 representative shall be liable to the same extent as the personal representative would have been had he or she not been appointed personal representative.
[ 1997 c 252 s 46; 1965 c 145 s 11.44.085. Prior: 1917 c 156 s 97; RCW 11.44.030; RRS s 1467; prior: Code 1881 s 1449; 1860 p 63 s 5; 1854 p 277 s 60.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Claims against personal representative included.


title: RCW 11.44.090

text:
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 amount thereof shall be included in the inventory and appraisement, and shall, if necessary, be applied in payment of the testator's debts; if not necessary for that purpose, it shall be paid in the same manner and proportions as other specific legacies.
[ 1997 c 252 s 47; 1965 c 145 s 11.44.090. Prior: 1917 c 156 s 98; RCW 11.44.040; RRS s 1468; prior: Code 1881 s 1450; 1854 p 277 s 61.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Discharge of debt—Specific bequest and inclusion in inventory and appraisement.


title: RCW 11.48.010

text:
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 probate or nonprobate estate. The personal representative shall collect all debts due the deceased and pay all debts as hereinafter provided. The personal representative shall be authorized in his or her own name to maintain and prosecute such actions as pertain to the management and settlement of the estate, and may institute suit to collect any debts due the estate or to recover any property, real or personal, or for trespass of any kind or character.
[ 1994 c 221 s 30; 1965 c 145 s 11.48.010. Prior: 1917 c 156 s 147; RRS s 1517; prior: Code 1881 s 1528; 1854 p 291 s 141.]
Notes:
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: General powers and duties.


title: RCW 11.48.020

text:
(1) Every personal representative shall, after having qualified or been appointed, 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 of the real estate until the estate shall be settled or delivered over, by order of the court, to the heirs or devisees, and shall keep in tenantable repair all houses, buildings and fixtures thereon, which are under his or her control.
(2) Unless approved by the court, a personal representative appointed under RCW 11.28.120(3) may not: (a) Purchase or acquire for his or her own account or personal interest any estate asset; or (b) receive for his or her own account or personal interest any proceeds from the sale of an estate asset. Such personal representative requesting approval to purchase or acquire such asset or receive such proceeds shall petition the court and provide 14 days' notice of the hearing to the heirs, legatees, devisees, beneficiaries, and transferees of the estate. The petition shall be denied unless the personal representative establishes clearly and convincingly that the requested purchase, acquisition, or receipt is consistent with the personal representative's duty of loyalty and all applicable laws, and would not be voidable by any heir, legatee, devisee, beneficiary, or transferee of the estate. Such personal representative who violates or attempts to violate (a) or (b) of this subsection may be sanctioned by the court up to three times the value of the relevant asset or proceeds, in addition to any other sanction or remedy.
[ 2026 c 204 s 6; 2010 c 8 s 2030; 1965 c 145 s 11.48.020. Prior: 1917 c 156 s 94; RRS s 1464; prior: Code 1881 s 1444; 1860 p 189 s 132; 1854 p 278 s 65.]
Notes:
When title vests: RCW 11.04.250.

catchline: Right to possession and management of estate—Prohibition on acquiring estate assets or proceeds.


title: RCW 11.48.025

text:
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 specifically authorizing a personal representative to continue any business of decedent, and his or her estate is solvent, or a will providing that the personal representative liquidate any business of decedent, this section shall not apply.
The order shall specify:
(1) The extent of the authority of the personal representative to incur liabilities;
(2) The period of time during which he or she may operate the business;
(3) Any additional provisions or restrictions which the court may, at its discretion, include.
Any interested person may for good cause require the personal representative to show cause why the authority granted him or her should not be limited or terminated. The order to show cause shall set forth the manner of service thereof and the time and place of hearing thereon.
[ 2010 c 8 s 2031; 1965 c 145 s 11.48.025. Prior: 1955 c 98 s 1.]
Notes:
Request for special notice of proceedings in probate—Prohibitions: RCW 11.28.240.

catchline: Continuation of decedent's business.


title: RCW 11.48.030

text:
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, without his or her fault.
[ 2010 c 8 s 2032; 1965 c 145 s 11.48.030. Prior: 1917 c 156 s 155; RRS s 1525; prior: Code 1881 s 1538; 1860 p 210 s 241; 1854 p 295 s 161.]

catchline: Chargeable with whole estate.


title: RCW 11.48.040

text:
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 personal representative, or by some other person by him or her thereunto specially authorized.
[ 2010 c 8 s 2033; 1965 c 145 s 11.48.040. Prior: 1917 c 156 s 154; RRS s 1524; prior: Code 1881 s 1537; 1854 p 295 s 160.]
Notes:
Agreement to answer damages from own estate must be in writing: RCW 19.36.010.

catchline: Not chargeable on special promise to pay decedent's debts unless in writing.


title: RCW 11.48.050

text:
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 contestant of erroneous account or report: RCW 11.76.070.
Broker's fee and closing expenses—Sale, mortgage or lease: RCW 11.56.265.
Compensation—Attorney's fee: RCW 11.48.210.
Monument, expense of: RCW 11.76.130.
Order of payment of debts: RCW 11.76.110.
Will contests, costs: RCW 11.24.050.

catchline: Allowance of necessary expenses.


title: RCW 11.48.060

text:
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 value of the property so embezzled or alienated, together with any damage occasioned thereby, to be recovered for the benefit of the estate.
[ 2010 c 8 s 2035; 1965 c 145 s 11.48.060. Prior: 1917 c 156 s 101; RRS s 1471; prior: Code 1881 s 1455; 1854 p 278 s 67.]
Notes:
Larceny: RCW 9A.56.100.

catchline: May recover for embezzled or alienated property of decedent.


title: RCW 11.48.070

text:
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, or who has in his or her possession or within his or her knowledge any conveyances, bonds, contracts, or other writings which contain evidence of or may tend to establish the right, title, interest, or claim of the deceased in and to any property. If such person be not in the county in which the letters were granted, he or she may be cited and examined either before the court of the county where found or before the court issuing the order of citation, and if he or she be found innocent of the charges he or she shall be entitled to recover costs of the estate, which costs shall be fees and mileage of witnesses, statutory attorney's fees, and such per diem and mileage for the person so charged as allowed to witnesses in civil proceedings. Such party may be brought before the court by means of citation such as the court may choose to issue, and if he or she refuses to answer such interrogatories as may be put to him or her touching such matters, the court may commit him or her to the county jail, there to remain until he or she shall be willing to make such answers.
[ 2010 c 8 s 2036; 1965 c 145 s 11.48.070. Prior: 1917 c 156 s 102; RRS s 1472; prior: 1891 p 385 ss 22, 23; Code 1881 ss 1456, 1457; 1854 p 278 ss 68, 69.]
Notes:
Larceny: RCW 9A.56.100.

catchline: Concealed or embezzled property—Proceedings for discovery.


title: RCW 11.48.080

text:
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 make application to the court for permission to purchase certain claims, and if it appears to the court to be for the benefit of the estate that such purchase shall be made, the court may make an order allowing such claims and directing that the same may be purchased by the personal representative under such terms as the court shall order, and such claims shall thereafter be paid as are other claims, but the personal representative shall not profit thereby.
[ 2010 c 8 s 2037; 1965 c 145 s 11.48.080. Prior: 1917 c 156 s 157; RRS s 1527; prior: Code 1881 s 1540; 1854 p 295 s 163.]
Notes:
Request for special notice of proceedings in probate—Prohibitions: RCW 11.28.240.

catchline: Uncollectible debts—Liability—Purchase of claims by personal representative.


title: RCW 11.48.090

text:
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 intestates.
[ 1965 c 145 s 11.48.090. Prior: 1917 c 156 s 148; RRS s 1518; prior: Code 1881 s 1529; 1860 p 206 s 222; 1854 p 291 s 142.]
Notes:
Performance of decedent's contracts: Chapter 11.60 RCW.
Survival of actions: Chapter 4.20 RCW.

catchline: Actions for recovery of property and on contract.


title: RCW 11.48.120

text:
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 4002; 2010 c 8 s 2038; 1965 c 145 s 11.48.120. Prior: 1917 c 156 s 151; RRS s 1521; prior: Code 1881 s 1532; 1854 p 291 s 145.]

catchline: Action on bond of previous personal representative.


title: RCW 11.48.130

text:
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 11.68.090, a personal representative with nonintervention powers may compromise and compound a claim owing the estate without the intervention of the court.
[ 2021 c 140 s 4003; 1997 c 252 s 58; 1965 c 145 s 11.48.130. Prior: 1917 c 156 s 152; RRS s 1522; prior: Code 1881 s 1533; 1854 p 291 s 146.]
Notes:
Rules of court: SPR 98.08W.
Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: "(1) Sections 4003 through 4017, 4023, and 4024 of this act apply to all probate estates, regardless of whether the probate action commenced before or after July 25, 2021.
(2) Section 4026 of this act applies to all accounts established under chapter 11.114 RCW, regardless of whether the account was established before or after July 25, 2021." [ 2021 c 140 s 4027.]
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Compromise of claims.


title: RCW 11.48.140

text:
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 debt of any person, or shall have so conveyed such estate, which deeds or conveyances by law are void as against creditors, the personal representative may, and it shall be his or her duty to, commence and prosecute to final judgment any proper action for the recovery of the same, and may recover for the benefit of the creditors all such real estate so fraudulently conveyed, and may also, for the benefit of the creditors, sue and recover all goods, chattels, rights, and credits which may have been so fraudulently conveyed by the deceased in his or her lifetime, whatever may have been the manner of such fraudulent conveyance.
[ 2010 c 8 s 2039; 1965 c 145 s 11.48.140. Prior: 1917 c 156 s 153; prior: Code 1881 s 1534; 1854 p 291 s 147.]

catchline: Recovery of decedent's fraudulent conveyances.


title: RCW 11.48.150

text:
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 1881 s 719; 1877 p 146 s 723; 1869 p 165 s 660; RRS s 968.]

catchline: Several personal representatives considered as one.


title: RCW 11.48.160

text:
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 s 11.48.160. Prior: Code 1881 s 720; 1877 p 146 s 724; 1869 p 166 s 661; RRS s 969.]

catchline: Default judgment not evidence of assets—Exception.


title: RCW 11.48.180

text:
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, and for all injury caused by his or her interference with the estate of the deceased.
[ 2010 c 8 s 2041; 1965 c 145 s 11.48.180. Prior: Code 1881 s 722; 1877 p 146 s 726; 1869 p 166 s 663; RRS s 971.]

catchline: Liability of executor de son tort.


title: RCW 11.48.190

text:
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 166 s 664; RRS s 972.]
Notes:
Administrator with will annexed on death of executor: RCW 11.28.060.

catchline: Executor of executor may not sue for estate of first testator.


title: RCW 11.48.200

text:
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 causes in the manner and with like effect as in actions at law generally.
[ 2010 c 8 s 2042; 1965 c 145 s 11.48.200. Prior: Code 1881 s 724; 1877 p 147 s 729; 1869 p 167 s 666; RRS s 973.]

catchline: Arrest and attachment, when, authorized.


title: RCW 11.48.210

text:
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 compensation provided by the will before qualifying as personal representative. The personal representative, when no compensation is provided in the will, when he or she renounces all claim to the compensation provided in the will, or when he or she administers an intestate estate, shall be allowed such compensation for his or her services as the court shall deem just and reasonable. Additional compensation may be allowed for his or her services as attorney and for other services not required of a personal representative. An attorney performing services for the estate at the instance of the personal representative shall have such compensation therefore out of the estate as the court shall deem just and reasonable. Such compensation may be allowed at the final account; but at any time during administration a personal representative or his or her attorney may apply to the court for an allowance upon the compensation of the personal representative and upon attorney's fees. A personal representative appointed under RCW 11.28.120(3) shall receive no compensation in connection with administration of the estate from any person or entity other than the estate unless allowed by the court. If the court finds that the personal representative has failed to discharge his or her duties as such in any respect, it may deny him or her any compensation whatsoever or may reduce the compensation which would otherwise be allowed.
[ 2026 c 204 s 7; 2010 c 8 s 2043; 1965 c 145 s 11.48.210. Prior: 1917 c 156 s 158; RRS s 1528; prior: Code 1881 s 1541; 1854 p 295 s 164.]
Notes:
Rules of court: SPR 98.12W.
Allowance of necessary expenses: RCW 11.48.050.
Will contests, costs: RCW 11.24.050.

catchline: Compensation—Attorney's fees.


title: RCW 11.54.001

text:
(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 decedent's surviving spouse, surviving registered domestic partner, or surviving dependent children may request basic financial support during the pendency of any proceedings under this title relating to the decedent's probate or nonprobate assets.
(2) This chapter applies to probate and nonprobate assets.
[ 2024 c 20 s 1.]
Notes:
Effective date—2024 c 20: "This act takes effect August 1, 2024." [ 2024 c 20 s 14.]
Savings—2024 c 20: "(1) No act done in any proceeding commenced before August 1, 2024, and no accrued right shall be impaired by any provision of this act.
(2) When a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute in force before August 1, 2024, those provisions shall remain in force and be deemed a part of this act with respect to that right.
(3) The procedures in effect before August 1, 2024, shall apply to any proceeding to the extent that in the opinion of the court the application of the procedures under this act would not be feasible or would work injustice." [ 2024 c 20 s 15.]

catchline: Purpose—Applicability.


title: RCW 11.54.005

text:
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 the decedent, regardless of a person's age.
(2) "Claimant" means a person entitled to petition for an award under this chapter. If multiple parties are entitled to petition for an award, all of them are a "claimant."
(3) "Dependent," when used with reference to a decedent's child, means a person who received more than half of that person's support from the decedent during the 12 months preceding the decedent's death. For the purposes of this subsection, the term "support" does not include any public or governmental support.
(4) "Value," when used with reference to any property that may be exempt from the claims of creditors under this chapter or under the laws of another state and that is being purchased on contract or is subject to any encumbrance, means the value of the property net of the balance due on the contract and the amount of the encumbrance. Any property exempted from creditor's claims under RCW 11.54.008 or awarded under RCW 11.54.010 will continue to be subject to any such contract or encumbrance.
[ 2024 c 20 s 2.]
Notes:
Effective date—Savings—2024 c 20: See notes following RCW 11.54.001.

catchline: Definitions.


title: RCW 11.54.008

text:
(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 decedent and the decedent's spouse or registered domestic partner that arose before the decedent's death, up to the amount specified in RCW 11.54.020(1), except as otherwise provided in Title 6 RCW or in this chapter.
(2) If the decedent resided or was domiciled in the state of Washington when the decedent died, and either:
(a) No homestead or other property was exempt from attachment, execution, and forced sale under Title 6 RCW immediately before the decedent's death; or
(b) The total value of the property exempted from the claims of creditors under subsection (1) of this section or under the laws of another state (together with the value of any separate property of the decedent's surviving spouse or surviving registered domestic partner that is exempt from attachment, execution, and forced sale for the debts of the decedent's surviving spouse or surviving registered domestic partner) is less than the amount specified in RCW 11.54.020(1)(b);
then the court shall designate other property of the estate, either community or separate, that, when added to the value of: (i) The property exempted under subsection (1) of this section; (ii) the property exempted from attachment, execution, and forced sale under the laws of another state; and (iii) the separate property of the decedent's surviving spouse or surviving registered domestic partner that is exempt from attachment, execution, and forced sale for the debts of the decedent's surviving spouse or surviving registered domestic partner, has an aggregate value that does not exceed the amount specified in RCW 11.54.020(1)(b). This additional designated property, together with any additional award that a court may grant for family support under RCW 11.54.040, shall also be exempt from attachment, execution, and forced sale for the debts of the decedent and the debts of the community composed of the decedent and the decedent's spouse or registered domestic partner that arose before the decedent's death, except as otherwise provided in this chapter.
[ 2024 c 20 s 3.]
Notes:
Effective date—Savings—2024 c 20: See notes following RCW 11.54.001.

catchline: Property of decedent exempt from legal process remains exempt—Additional designated property.


title: RCW 11.54.010

text:
(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 the decedent's spouse or registered domestic partner that are exempt from attachment, execution, and forced sale under RCW 11.54.008. The petition must:
(a) Set forth facts to establish that the claimant is entitled to an award under this chapter;
(b) State the nature and value of those assets held by all potential claimants that are exempt from the claims of creditors and that are known to the claimant or could be known to the claimant with reasonable diligence; and
(c) Describe all other assets then held by the claimants, including any interest the claimants may have in any of the decedent's probate or nonprobate property.
(2) If a claimant proves by a preponderance of the evidence that an award of property exempt from the claims of creditors to the claimant would fulfill one or more of the purposes of this chapter, the court may grant the claimant an award that the court determines to be equitable.
(3) If the decedent is survived by one or more dependent children, the court may divide the award between the surviving spouse or surviving registered domestic partner and all or any of the decedent's surviving dependent children as the court deems appropriate.
(4) The awards under this chapter may be made either from the community property of the decedent and the decedent's spouse or registered domestic partner or from the separate property of the decedent.
(5) Any and all homestead or other property exempt from attachment, execution, and forced sale under Title 6 RCW immediately before the decedent's death shall be included in the basic award.
(6) The basic award may be made whether or not any proceedings have been commenced under this title relating to the decedent's probate or nonprobate assets.
[ 2024 c 20 s 4; 2008 c 6 s 916; 1997 c 252 s 48.]
Notes:
Effective date—Savings—2024 c 20: See notes following RCW 11.54.001.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Award to surviving spouse, domestic partner, or children—Petition.


title: RCW 11.54.015

text:
(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) The court may not make an award to or for the benefit of any person who is a slayer or abuser as those terms are defined in RCW 11.84.010 of the decedent.
(3) The court may not make any award under this chapter unless the petition for the award is filed before the earliest of:
(a) Eighteen months from the date of the decedent's death if within 12 months of the decedent's death either:
(i) A personal representative has been appointed; or
(ii) A notice agent has filed a declaration and oath as required in RCW 11.42.010(3)(a)(ii); or
(b) The termination of all proceedings under this title relating to the decedent's probate or nonprobate assets; or
(c) Six years from the date of the death of the decedent.
[ 2024 c 20 s 5; 2008 c 6 s 918; 1997 c 252 s 50. Formerly RCW 11.54.030.]
Notes:
Effective date—Savings—2024 c 20: See notes following RCW 11.54.001.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Conditions to award.


title: RCW 11.54.020

text:
(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 the decedent's spouse or registered domestic partner, that was exempt from attachment, execution, or forced sale under Title 6 RCW immediately before the decedent's death; or
(b) The amount specified in RCW 6.13.030(1)(a) or, if greater, the amount specified in subsection (3) of this section, on the date of the decedent's death.
(2) If an award is divided among a surviving spouse or surviving registered domestic partner and the decedent's dependent children, the aggregate amount awarded to all the claimants under this section shall be the amount specified in subsection (1) of this section.
(3) For 2024 and each calendar year thereafter, the amount of the basic award shall not be less than an amount that is calculated as follows: $125,000 multiplied by the inflation factor and then rounded to the nearest $1,000. The adjustment of the basic amount under this subsection shall be effective annually as of the first calendar day of the calendar year. The inflation factor is a fraction, the numerator of which is the consumer price index figure published for the most recent October preceding the effective date of the adjustment and the denominator of which is the consumer price index figure published for October 2021. No adjustment to the basic award shall be made under this subsection for a calendar year if the adjustment would result in the same or a lesser basic award than the basic award for the immediately preceding calendar year. For purposes of this subsection, "consumer price index" means the consumer price index for all urban consumers, all items in the Seattle area, not seasonally adjusted, as calculated by the bureau of labor statistics of the United States department of labor. For purposes of this subsection (3), "Seattle area" means the geographic area sample that includes Seattle and surrounding areas. In the event the bureau of labor statistics discontinues the use and publication of applicable averages, then the consumer price index to be used for the computation of the inflation factor shall be the consumer price average that was last published before the event that caused the inflation factor to be applied.
[ 2024 c 20 s 6; 2008 c 6 s 917; 1997 c 252 s 49.]
Notes:
Effective date—Savings—2024 c 20: See notes following RCW 11.54.001.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Amount of basic award.


title: RCW 11.54.040

text:
(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 assets will not be provided from other resources and that an increased award would not be inconsistent with the decedent's intentions or principles of equity and fairness, the amount of the award may be increased above the amount of the basic award in an amount that the court determines to be needed for 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 assets.
(2) In determining the needs of the claimant, the court shall consider, without limitation, the resources available to the claimant and the claimant's dependent children, and the resources reasonably expected to be available to the claimant and the claimant's dependent children during the pendency of any proceedings under this title relating to the decedent's probate or nonprobate assets, including income related to present or future employment and benefits flowing from the decedent's probate and nonprobate estate.
(3) In determining the intentions of the decedent, the court shall consider, without limitation:
(a) Provisions made for the claimant by the decedent under the terms of the decedent's will or otherwise;
(b) Provisions made for third parties or other entities under the decedent's will or otherwise that would be affected by an increased award;
(c) If the claimant is the surviving spouse or surviving registered domestic partner, the duration and status of the marriage or the state registered domestic partnership of the decedent to the claimant at the time of the decedent's death;
(d) The effect of any award on the availability of any other resources or benefits to the claimant;
(e) The size and nature of the decedent's probate and nonprobate estate; and
(f) Oral or written statements made by the decedent that are otherwise admissible as evidence.
The fact that the decedent has named beneficiaries other than the claimant as recipients of the decedent's estate is not of itself adequate to evidence such an intent as would prevent the award of an amount in excess of the basic award that is provided in RCW 11.54.020(1).
(4)(a) The court may only grant an increased award if a petition for a basic award has been granted under RCW 11.54.010. The request for an increased award may be made in conjunction with the petition for an award under RCW 11.54.010.
(b) Subject to (a) of this subsection (4), a request for an increased award may be made at any time during the pendency of any proceedings under this title relating to the decedent's probate or nonprobate assets. A request to modify an increased award may also be made at any time during the pendency of the probate proceedings by a person having an interest in the decedent's estate that will be directly affected by the requested modification.
[ 2024 c 20 s 7; 2008 c 6 s 919; 1997 c 252 s 51.]
Notes:
Effective date—Savings—2024 c 20: See notes following RCW 11.54.001.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Increase in amount of award for support during pendency of proceedings—Factors for consideration.


title: RCW 11.54.050

text:
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 the award may not be decreased by more than the value of the other property that is received by reason of the death of the decedent. The court shall consider the factors presented in RCW 11.54.040(2) in determining the propriety of the award and the proper amount of the award, if any; or
(2)(a) The decedent is survived by one or more dependent children who are not the children of the surviving spouse or surviving registered domestic partner and the award would decrease amounts otherwise distributable to those children; or (b) the award would have the effect of reducing amounts otherwise distributable to any of the decedent's dependent children. In either of the cases specified in this subsection (2), the court must consider the factors presented in RCW 11.54.040 (2) and (3) and 11.54.055 and whether the needs of the dependent children with respect to basic maintenance and support are and will be adequately provided for, both during and after any proceedings under this title relating to the decedent's probate or nonprobate assets, considering support from any source, including support from the decedent's surviving spouse or surviving registered domestic partner.
[ 2024 c 20 s 8; 2008 c 6 s 920; 1997 c 252 s 52.]
Notes:
Effective date—Savings—2024 c 20: See notes following RCW 11.54.001.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Decrease in amount of award—Factors for consideration.


title: RCW 11.54.055

text:
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 surviving spouse or surviving domestic partner is exempted from attachment, execution, or forced sale under Title 6 RCW or other applicable laws before and after the decedent's death;
(3) Whether or not exemptions from attachment, execution, or forced sale have been granted to the decedent or the decedent's surviving spouse or surviving domestic partner in another jurisdiction;
(4) How principles of equity and fairness would allocate the statutory exemptions from attachment, execution, and forced sale under Title 6 RCW and other applicable laws among the decedent's surviving spouse or surviving domestic partner and the decedent's surviving dependent children;
(5) How the laws of intestacy, if the decedent died intestate and without nonprobate assets, or the decedent's dispositive intent, if the decedent died testate or with nonprobate assets, would direct the decedent's property;
(6) The extent to which the claimant has other property that will satisfy the claimant's reasonable needs; and
(7) If the claimant is a child of the decedent, the child's ability or inability to meet the child's basic needs.
[ 2024 c 20 s 9.]
Notes:
Effective date—Savings—2024 c 20: See notes following RCW 11.54.001.

catchline: Factors to be considered by court.


title: RCW 11.54.060

text:
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, funeral expenses, expenses of the last sickness, and wages due for labor performed within 60 days immediately preceding the decedent's death, as those terms are used in RCW 11.76.110.
(2) No provision of this chapter shall abrogate or diminish the rights associated with a valid lien.
[ 2024 c 20 s 10; 1997 c 252 s 53.]
Notes:
Effective date—Savings—2024 c 20: See notes following RCW 11.54.001.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Certain claims exempted.


title: RCW 11.54.071

text:
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 containing a homestead or other nonfungible property that is exempt from attachment, execution, and forced sale shall abate to the extent that the property is awarded to a claimant under this chapter, regardless of whether the gift would be classified as intestate, residuary, general, demonstrative, or specific, except as otherwise provided in RCW 11.10.010(2).
[ 2024 c 20 s 11.]
Notes:
Effective date—Savings—2024 c 20: See notes following RCW 11.54.001.

catchline: Abatement.


title: RCW 11.54.090

text:
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 commenced in the state of Washington, the petition must be made to the court of a county in which the decedent was domiciled at the time of death. If the decedent was not domiciled in the state of Washington at the time of death, the petition may be made to the court of any county in which the decedent's estate could be administered under RCW 11.96A.050. The petition and the hearing must conform to RCW 11.96A.080 through 11.96A.200. Notice of the hearing on the petition must be given in accordance with RCW 11.96A.110.
[ 1999 c 42 s 613; 1997 c 252 s 56.]
Notes:
Effective date—1999 c 42: See RCW 11.96A.902.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Venue for petition—Petition and hearing requirements—Notice of hearing.


title: RCW 11.54.100

text:
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 representative's bond, if any.
[ 1997 c 252 s 57.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Exhaustion of estate—Closure of estate—Discharge of personal representative.


title: RCW 11.56.005

text:
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 terms and conditions as it may prescribe, which include the payment or receipt of part cash by the personal representative. If personal property of the estate is to be exchanged, the procedure required by this chapter for the sale of such property shall apply so far as may be; if real property of the estate is to be exchanged, the procedure required by this chapter for the sale of such property shall apply so far as may be.
[ 1965 c 145 s 11.56.005.]

catchline: Authority to exchange.


title: RCW 11.56.010

text:
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. Prior: 1917 c 156 s 122; RRS s 1492; prior: 1895 c 157 s 1; 1883 p 29 s 1; Code 1881 s 1486; 1854 p 284 s 97.]

catchline: Authority to sell, lease or mortgage.


title: RCW 11.56.020

text:
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 administration or for the purpose of discharging any obligation of the estate or for any other reason which may to the court seem right and proper, and such order may be made either upon or without petition therefor, and such sales may be either at public or private sale or by negotiation and with or without notice of such sale, as the court may determine, and upon such terms and conditions as the court may decide upon. No notice of petition for sale of any personal property need be given, except as provided in RCW 11.28.240, unless the court expressly orders such notice.
Where personal property is sold prior to appraisement, the sale price shall be deemed the value for appraisal. Personal property may be mortgaged, pledged or leased for the same reasons and purposes, and in the same manner as is hereinafter provided for real property.
[ 1965 c 145 s 11.56.020. Prior: (i) 1917 c 156 s 123; RRS s 1493; prior: 1891 c 155 ss 29, 30; 1883 p 29 s 1; Code 1881 s 1488; 1854 p 284 s 99. (ii) 1955 c 205 s 12; RCW 11.56.025.]
Notes:
Community property: Chapter 26.16 RCW.
Descent and distribution of real and personal estate: RCW 11.04.015.
Payment of claims where estate insufficient: RCW 11.76.150.
Performance of decedent's contracts: Chapter 11.60 RCW.
Sale of decedent's contract interest in land: RCW 11.56.180.

catchline: Sale, lease or mortgage of personal property.


title: RCW 11.56.030

text:
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 administration, estate taxes, or for the support of the family, to make distribution, or for such other purposes as the court may deem right and proper, the court may order the sale, lease or mortgage of such portion of the property as appears to the court necessary for the purpose aforesaid. It shall be the duty of the personal representative to present a petition to the court giving a description of all the property of the estate and its character, the amount of the debts, expenses and obligations of the estate and such other things as will tend to assist the court in determining the necessity for the sale, lease or mortgage and the amount thereof. Unless the court shall by order expressly so provide, no notice of the hearing of such petition for sale, lease or mortgage need be given, except as provided in RCW 11.28.240 and 11.48.020 hereof; if, however, the court should order notice of such hearing, it shall determine upon the kind, character and time thereof. At the hearing of such petition the court may have brought before it such testimony or information as it may see fit to receive, for the purpose of determining whether it should order any of the property of the estate sold, leased or mortgaged. The absence of any allegation in the petition shall not deprive the court of jurisdiction to order said sale, lease or mortgage, and the court may, if it see fit, order such sale, lease or mortgage without any petition having been previously presented.
[ 2026 c 204 s 8; 1990 c 180 s 2; 1965 c 145 s 11.56.030. Prior: 1937 c 28 s 3; 1917 c 156 s 124; RRS s 1494; prior: Code 1881 s 1493; 1854 p 285 s 103.]

catchline: Sale, lease or mortgage of real estate—Petition—Notice—Hearing.


title: RCW 11.56.040

text:
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 terms and conditions of such transaction and authorize the personal representative to execute and deliver his or her note or notes and secure the same by mortgage, and thereafter it shall be the duty of such personal representative to comply with such order. The personal representative shall not deliver any such note, mortgage, or other evidence of indebtedness until he or she has first presented same to the court and obtained its approval of the form. Every mortgage so made and approved shall be effectual to mortgage and encumber all the right, title, and interest of the said estate in the property described therein at the time of the death of the said decedent, or acquired by his or her estate, and no irregularity in the proceedings shall impair or invalidate any mortgage given under such order of the court and approved by it.
[ 2010 c 8 s 2044; 1965 c 145 s 11.56.040. Prior: 1917 c 156 s 125; RRS s 1495; prior: Code 1881 s 1494; 1854 p 285 s 104.]

catchline: Order directing mortgage.


title: RCW 11.56.045

text:
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 conditions of such transaction and authorize the personal representative to execute the lease and thereafter it shall be the duty of the personal representative to comply with such order. The personal representative shall not execute such lease until he or she has first presented the same to the court and obtained its approval of the form.
[ 2010 c 8 s 2045; 1965 c 145 s 11.56.045.]

catchline: Order directing lease.


title: RCW 11.56.050

text:
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 necessary for the purposes aforesaid. Such order shall give a particular description of the property to be sold and the terms of such sale and shall provide whether such property shall be sold at public or private sale, or by negotiation. After the giving of such order it shall be the duty of the personal representative to sell such real estate in accordance with the order of the court and as in this title provided with reference to the public or private sales of real estate.
[ 1994 c 221 s 49; 1965 c 145 s 11.56.050. Prior: 1917 c 156 s 126; RRS s 1496; prior: Code 1881 s 1494; 1854 p 285 s 104.]
Notes:
Effective dates—1994 c 221: See note following RCW 11.100.035.
Abatement of assets: Chapter 11.10 RCW.

catchline: Order directing sale.


title: RCW 11.56.060

text:
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 property ordered sold shall be described with proper certainty: PROVIDED, That where real property is located in a county other than the county in which the estate is being administered, publication shall also be made in a legal newspaper of that county. At the time and place named in such notices for the said sale, the personal representative shall proceed to sell the property upon the terms and conditions ordered by the court, and to the highest and best bidder. All sales of real estate at public sale shall be made at the front door of the courthouse of the county in which the lands are, unless the court shall by order otherwise direct.
[ 1965 c 145 s 11.56.060. Prior: 1917 c 156 s 127; RRS s 1497; prior: 1888 p 187 s 1; Code 1881 s 1504; 1854 p 287 s 114.]

catchline: Public sales—Notice.


title: RCW 11.56.070

text:
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 appointed for the sale; if there be an adjournment of such sale for more than three days, then it shall be the duty of the personal representative to cause a notice of such adjournment to be published in a legal newspaper in the county in which notice was published as provided in RCW 11.56.060, in addition to making such proclamation.
[ 2010 c 8 s 2046; 1965 c 145 s 11.56.070. Prior: 1917 c 156 s 128; RRS s 1498; prior: Code 1881 s 1505; 1854 p 287 s 115.]

catchline: Postponement, adjournment of sale—Notice.


title: RCW 11.56.080

text:
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 made, in which the lands and tenements to be sold must be described with common certainty: PROVIDED, That where real property is located in a county other than the county in which the estate is being administered, publication shall also be made in a legal newspaper of that county. The notice must state the day on or after which the sale will be made and the place where offers or bids will be received. The day last referred to must be at least fifteen days from the first publication of notice and the sale must not be made before that day, but if made, must be made within twelve months thereafter. The bids or offers must be in writing, and may be left at the place designated in the notice or delivered to the personal representative personally, or may be filed in the office of the clerk of the court to which the return of sale must be made, at any time after the first publication of the notice and before the making of the sale. If it be shown that it will be for the best interest of the estate the court or judge may, by an order, shorten the time of notice, which shall not, however, be less than one week, and may provide that the sale may be made on or after a day less than fifteen, but not less than eight days from the first publication of the notice of sale, and the sale may be made to correspond with such order.
[ 1965 c 145 s 11.56.080. Prior: 1917 c 156 s 129; RRS s 1499; prior: 1888 p 187 s 1; Code 1881 s 1504; 1854 p 287 s 114.]

catchline: Private sales of realty—Notice—Bids.


title: RCW 11.56.090

text:
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 sale. If it has not been so appraised, or if the court is satisfied that the appraisement is too high or too low, appraisers may be appointed, and they must make an appraisement thereof in the same manner as in the case of the original appraisement of the estate, and which appraisement may be made at any time before the sale or the confirmation thereof.
[ 1965 c 145 s 11.56.090. Prior: 1917 c 156 s 130; RRS s 1500; prior: 1891 c 155 s 31; Code 1881 s 1508; 1854 p 287 s 118.]

catchline: Minimum price—Private sale—Sale by negotiation—Reappraisement.


title: RCW 11.56.100

text:
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 by negotiation the personal representative shall publish a notice in one issue of a legal newspaper of the county in which the estate is being administered; such notice shall include the legal description of the property sold, the selling price and the date after which the sale can be confirmed: PROVIDED, That such confirmation date shall be at least ten days after such notice is published. At any time after the expiration of ten days from the publication of such notice, in the case of sale by negotiation, and at any time after the expiration of ten days from the filing of such return, in the case of public or private sale the court may approve and confirm such sale and direct proper instruments of transfer to be executed and delivered. But if the court shall be of the opinion that the proceedings were unfair, or that the sum obtained was disproportionate to the value of the property sold, or if made at private sale or sale by negotiation that it did not sell for at least ninety percent of the appraised value as in RCW 11.56.090 provided, and that a sum exceeding said bid by at least ten percent exclusive of the expense of a new sale, may be obtained, the court may refuse to approve or confirm such sale and may order a resale. On a resale, notice shall be given and the sale shall be conducted in all respects as though no previous sale had been made.
[ 2010 c 8 s 2047; 1965 c 145 s 11.56.100. Prior: 1917 c 156 s 131; RRS s 1501; prior: 1891 c 155 s 31; Code 1881 s 1508; 1854 p 287 s 118.]

catchline: Confirmation of sale—Approval—Resale.


title: RCW 11.56.110

text:
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 not less than twenty percent of his or her bid in the form of cash, money order, cashier's check, or certified check made payable to the clerk, to be forfeited to the estate unless such bidder complies with his or her bid, the bidder whose bid was accepted shall be informed of such increased bid by registered or certified mail addressed to such bidder at any address which may have been given by him or her at the time of making such bid. Such bidder then shall have a period of five days, not including holidays, in which to make and file a bid better than that of the subsequent bidder. After the expiration of such five-day period the court may refuse to confirm the sale reported in the return of sale and direct a sale to the person making the best bid then on file, indicating which is the best bid, and a sale made pursuant to such direction shall need no further confirmation. Instead of such a direction, the court, upon application of the personal representative, may direct the reception of sealed bids. Thereupon the personal representative shall mail notice by registered or certified mail to all those who have made bids on such property, informing them that sealed bids will be received by the clerk of the court within ten days. At the expiration of such period the personal representative, in the presence of the clerk of the court, shall open such bids as shall have been submitted to the clerk within the time stated in the notice (whether by previous bidders or not) and shall file a recommendation of the acceptance of the bid which he or she deems best in view of the requirements of the particular estate. The court may thereupon direct a sale to the bidder whose bid is deemed best by the court and a sale made pursuant to such direction shall need no confirmation: PROVIDED, HOWEVER, That the court shall consider the net realization to the estate in determining the best bid.
[ 2010 c 8 s 2048; 1967 ex.s. c 106 s 2; 1967 c 168 s 18; 1965 c 145 s 11.56.110. Prior: 1955 c 154 s 1; 1917 c 156 s 132; RRS s 1502.]
Notes:
Effective date—1967 ex.s. c 106: "The provisions of this act shall take effect on July 1, 1967." [ 1967 ex.s. c 106 s 5.]
Effective date—1967 c 168: See note following RCW 11.02.070.

catchline: Offer of increased bid—Duty of court.


title: RCW 11.56.115

text:
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 conveyance of real estate made after confirmation of sale by the court shall be open to attack upon any grounds whatsoever except for fraud, and the confirmation by the court of any such sale shall be conclusive proof that all statutory provisions and all orders of the court with reference to such sale have been complied with.
[ 1965 c 145 s 11.56.115. Prior: 1917 c 156 s 134; RCW 11.56.130; RRS s 1504; prior: Code 1881 s 1510; 1854 p 287 s 120.]
Notes:
Real estate sold by executor, etc., limitation of action: RCW 4.16.070.

catchline: Effect of confirmation.


title: RCW 11.56.120

text:
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, rights and interests of the testator or intestate at the death of the deceased and any interest acquired by the estate.
[ 1965 c 145 s 11.56.120. Prior: 1917 c 156 s 133; RRS s 1503; prior: Code 1881 s 1510; 1854 p 287 s 120.]

catchline: Conveyance after confirmation of sale.


title: RCW 11.56.180

text:
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 of such lands; and the same proceedings may be had for that purpose as are prescribed in this title in respect to lands of which he or she died seized, except as hereinafter provided.
[ 2010 c 8 s 2049; 1965 c 145 s 11.56.180. Prior: 1917 c 156 s 139; RRS s 1509; prior: Code 1881 s 1519; 1854 p 289 s 129.]
Notes:
Performance of decedent's contracts: Chapter 11.60 RCW.
Sale of vendor's interest in contract for sale of real estate: RCW 11.56.020.

catchline: Sale of decedent's contract interest in land.


title: RCW 11.56.210

text:
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 the deceased in the land sold at the time of the sale, and such purchaser shall have the same rights and remedies against the vendor of such lands as the deceased would have had if living.
[ 2010 c 8 s 2050; 1965 c 145 s 11.56.210. Prior: 1917 c 156 s 142; RRS s 1512; prior: Code 1881 s 1522; 1854 p 289 s 132.]

catchline: Assignment of decedent's contract.


title: RCW 11.56.220

text:
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 assets, if it should appear to the satisfaction of the court that such redemption would be beneficial to the estate and not injurious to creditors.
[ 1965 c 145 s 11.56.220. Prior: 1917 c 156 s 143; RRS s 1513; prior: Code 1881 s 1523; 1854 p 289 s 133.]

catchline: Redemption of decedent's mortgaged estate.


title: RCW 11.56.230

text:
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 property so mortgaged, the court may order the sale or mortgaging of any personal estate, or the sale or mortgaging of any real estate of the decedent which it may deem expedient to be sold or mortgaged for such purpose, which sale or mortgaging shall be conducted in all respects as other sales or mortgages of like property ordered by the court.
[ 2010 c 8 s 2051; 1965 c 145 s 11.56.230. Prior: 1917 c 156 s 144; RRS s 1514; prior: 1895 c 157 s 11; 1888 p 185 s 1.]

catchline: Sale or mortgage to effect redemption.