title: RCW 63.30.650

text:
(1) In this section, "related to the administrator" refers to an individual who is:
(a) The administrator's spouse, partner in a civil union, domestic partner, or reciprocal beneficiary;
(b) The administrator's child, stepchild, grandchild, parent, stepparent, sibling, stepsibling, half-sibling, aunt, uncle, niece, or nephew;
(c) A spouse, partner in a civil union, domestic partner, or reciprocal beneficiary of an individual under (b) of this subsection; or
(d) Any individual residing in the administrator's household.
(2) The administrator may contract with a person to conduct an examination under this section and RCW 63.30.570 through 63.30.640 and 63.30.660 through 63.30.690. The contract may be awarded only under chapter 39.26 RCW.
(3) If the person with which the administrator contracts under subsection (2) of this section is:
(a) An individual, the individual may not be related to the administrator; or
(b) A business entity, the entity may not be owned in whole or in part by the administrator or an individual related to the administrator.
(4) If the administrator contracts with a person under subsection (2) of this section:
(a) The contract may provide for compensation of the person based on a fixed fee, hourly fee, or contingent fee;
(b) A contingent fee arrangement may not provide for a payment that exceeds 10 percent of the amount or value of property paid or delivered as a result of the examination; and
(c) On request by a person subject to examination by a contractor, the administrator must deliver to the person a complete and unredacted copy of the contract.
(5) A contract under subsection (2) of this section is subject to public disclosure without redaction under chapter 42.56 RCW.
[ 2025 c 29 s 19; 2022 c 225 s 1009.]

catchline: Administrator's contract with another to conduct examination.


doc_type: statute

jurisdiction: wa

title: RCW 63.30.660

text:
The administrator or an individual employed by the administrator who participates in, recommends, or approves the award of a contract under RCW 63.30.650(2) on or after January 1, 2023, may not be employed by, contracted with, or compensated in any capacity by the contractor or an affiliate of the contractor for two years after the latest of participation in, recommendation of, or approval of the award or conclusion of the contract.
[ 2022 c 225 s 1010.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Limit on future employment.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 63.30.680

text:
If the administrator determines from an examination conducted under RCW 63.30.580 that a holder failed or refused to pay or deliver to the administrator property which is reportable under this chapter, the administrator must issue a determination of the holder's liability to pay or deliver and give notice in a record to the holder of the determination.
[ 2025 c 29 s 20; 2022 c 225 s 1012.]
Notes:
Retroactive application—2025 c 29 ss 3-6, 14-17, and 20-23: See note following RCW 63.30.010.

catchline: Determination of liability for unreported reportable property.


title: RCW 63.30.690

text:
(1) A holder who fails to pay or deliver property when due is required to pay to the administrator interest at the rate as computed under RCW 82.32.050(1)(c) and set under RCW 82.32.050(2). However, the administrator must waive or cancel interest imposed under this subsection if:
(a) The administrator finds that the failure to pay or deliver the property within the time prescribed by this chapter was the result of circumstances beyond the holder's control sufficient for waiver or cancellation of interest under RCW 82.32.105;
(b) The failure to timely pay or deliver the property within the time prescribed by this chapter was the direct result of written instructions given to the holder by the administrator; or
(c) The extension of a due date for payment or delivery under an assessment issued by the administrator was not at the holder's request and was for the sole convenience of the administrator.
(2) If a holder fails to file any report or to pay or deliver any amounts or property when due under a report required under this chapter, there is assessed a penalty equal to 10 percent of the amount unpaid and the value of any property not delivered.
(3) If an examination results in an assessment for amounts unpaid or property not delivered, there is assessed a penalty equal to 10 percent of the amount unpaid and the value of any property not delivered.
(4) If a holder fails to pay or deliver to the administrator by the due date any amounts or property due under a determination issued by the administrator to the holder, there is assessed an additional penalty of five percent of the amount unpaid and the value of any property not delivered.
(5) If a holder makes a fraudulent report under this chapter, the administrator may require the holder to pay the administrator, in addition to interest under this section, a civil penalty of $1,000 for each day from the date the report was made until corrected, up to a cumulative maximum amount of $25,000, plus 25 percent of the amount or value of any property that should have been reported or was underreported.
(6) Penalties under subsections (2) through (4) of this section may be waived or canceled only if:
(a) The administrator finds that the failure to pay or deliver within the time prescribed by this chapter was the result of circumstances beyond the holder's control sufficient for waiver or cancellation of penalties under RCW 82.32.105; or
(b) The holder requests the waiver for a report required to be filed under RCW 63.30.220 and has timely filed as provided by RCW 63.30.240 all reports due under RCW 63.30.220 and paid or delivered all property associated with those reports for a period of 24 months immediately preceding the period covered by the report for which the waiver is being requested.
(7) If a holder willfully fails to file a report or to provide written notice to apparent owners as required under this chapter, the administrator may assess a civil penalty of $100 for each day the report is withheld or the notice is not sent, but not more than $5,000.
(8) If a holder, having filed a report, failed to file the report electronically as required by RCW 63.30.220, or failed to pay electronically any amounts due under the report as required by RCW 63.30.340, the administrator must assess a penalty equal to five percent of the amount payable or deliverable under the report, unless the administrator grants the holder relief from the electronic filing and payment requirements. Total penalties assessed under this subsection may not exceed five percent of the amount payable and value of property deliverable under the report.
(9) If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this chapter or otherwise willfully fails to perform a duty imposed on the holder under this chapter, the administrator may require the holder to pay the administrator, in addition to interest as provided in this section, a civil penalty of $1,000 for each day the obligation is evaded or the duty not performed, up to a cumulative maximum amount of $25,000, plus 25 percent of the amount or value of property that should have been but was not reported, paid, or delivered as a result of the evasion or failure to perform.
(10) The penalties imposed in this section are cumulative.
[ 2025 c 29 s 21; 2023 c 258 s 9; 2022 c 225 s 1013.]
Notes:
Retroactive application—2025 c 29 ss 3-6, 14-17, and 20-23: See note following RCW 63.30.010.

catchline: Interest and penalties.


title: RCW 63.30.700

text:
The administrator may waive, in whole and in part, interest under RCW 63.30.690 and penalties under RCW 63.30.690 (5) and (9).
[ 2022 c 225 s 1014.]

catchline: Waiver.


title: RCW 63.30.710

text:
(1) Not later than 30 days after receipt of a notice under RCW 63.30.680, the putative holder may request an informal conference with the administrator to review the determination. Except as otherwise provided in this section, the administrator may designate an employee to act on behalf of the administrator.
(2) If a putative holder makes a timely request under subsection (1) of this section for an informal conference:
(a) Not later than 20 days after the date of the request, the administrator shall set the time and place of the conference;
(b) The administrator shall give the putative holder notice in a record of the time and place of the conference;
(c) The conference may be held in person, by telephone, or by electronic means, as determined by the administrator;
(d) The request tolls the 90-day period under RCW 63.30.730 and 63.30.740 until notice of a decision under (g) of this subsection has been given to the putative holder or the putative holder withdraws the request for the conference;
(e) The conference may be postponed, adjourned, and reconvened as the administrator determines appropriate;
(f) The administrator or administrator's designee with the approval of the administrator may modify a determination made under RCW 63.30.680 or withdraw it; and
(g) The administrator shall issue a decision in a record and provide a copy of the record to the putative holder and examiner not later than 20 days after the conference ends.
(3) A conference under subsection (2) of this section is not an administrative remedy and is not a contested case subject to chapter 34.05 RCW. An oath is not required and rules of evidence do not apply in the conference.
(4) At a conference under subsection (2) of this section, the putative holder must be given an opportunity to confer informally with the administrator and the person that examined the records of the putative holder to:
(a) Discuss the determination made under RCW 63.30.680; and
(b) Present any issue concerning the validity of the determination.
(5) If the administrator fails to act within the period prescribed in subsection (2)(a) or (g) of this section, the failure does not affect a right of the administrator, except that interest does not accrue on the amount for which the putative holder was determined to be liable under RCW 63.30.680 during the period in which the administrator failed to act until the earlier of:
(a) The date under RCW 63.30.730 the putative holder initiates administrative review or files an action under RCW 63.30.740; or
(b) Ninety days after the putative holder received notice of the administrator's determination under RCW 63.30.680 if no review was initiated under RCW 63.30.730 and no action was filed under RCW 63.30.740.
(6) The administrator may hold an informal conference with a putative holder about a determination under RCW 63.30.680 without a request at any time before the putative holder initiates administrative review under RCW 63.30.730 or files an action under RCW 63.30.740.
(7) Interest and penalties under RCW 63.30.690 continue to accrue on property not reported, paid, or delivered as required by this chapter after the initiation, and during the pendency, of an informal conference under this section.
[ 2022 c 225 s 1101.]

catchline: Informal conference.


title: RCW 63.30.720

text:
A putative holder may seek relief from a determination under RCW 63.30.680 by:
(1) Administrative review under RCW 63.30.730; or
(2) Judicial review under RCW 63.30.740.
[ 2022 c 225 s 1102.]

catchline: Review of administrator's determination.


title: RCW 63.30.730

text:
Any putative holder having been issued a determination by the administrator, or a denial of an application for a refund or return of property, under the provisions of this chapter is entitled to a review by the administrator conducted in accordance with the provisions of RCW 34.05.410 through 34.05.494, subject to judicial review under RCW 34.05.510 through 34.05.598. A petition for review under this section is timely if received in writing by the administrator on or before 90 days after the holder receives the determination from the administrator pursuant to RCW 63.30.680 or from any extension of the due date granted by the administrator, or in the case of a refund or return application, 30 days after the administrator rejects the application in writing, regardless of any subsequent action by the administrator to reconsider its initial decision. The period for filing a petition for review under this section may be extended as provided in a rule adopted by the administrator under chapter 34.05 RCW or upon a written agreement signed by the holder and the administrator.
[ 2025 c 29 s 22; 2022 c 225 s 1103.]
Notes:
Retroactive application—2025 c 29 ss 3-6, 14-17, and 20-23: See note following RCW 63.30.010.

catchline: Administrative review.


title: RCW 63.30.740

text:
(1) Any putative holder who has paid or delivered property to the administrator under the provisions of this chapter, except one who has failed to keep and preserve records as required in this chapter, feeling aggrieved by such payment or delivery, may appeal to the Thurston county superior court. The putative holder filing a notice of appeal under this section is deemed the plaintiff, and the administrator, the defendant.
(2) An appeal under this section must be made within 30 days after the administrator rejects in writing an application for refund or return of property, regardless of any subsequent action by the administrator to reconsider its initial decision.
(3)(a) In an appeal filed under this section, the plaintiff must set forth the amount or property, if any, payable or deliverable on the report or assessment that the plaintiff is contesting, which the holder concedes to be the correct amount payable or deliverable, and the reason why the amount payable or deliverable should be reduced or abated.
(b) The appeal is perfected only by serving a copy of the notice of appeal upon the administrator and filing the original with proof of service with the clerk of the superior court of Thurston county, within the time specified in subsection (2) of this section.
(4)(a) The trial in the superior court on appeal must be de novo and without the necessity of any pleadings other than the notice of appeal. At trial, the burden is on the plaintiff to (i) prove that the amount paid by that putative holder is incorrect, either in whole or in part, or the property in question was delivered in error to the administrator, and (ii) establish the correct amount payable or the property required to be delivered to the administrator, if any.
(b) Both parties are entitled to subpoena the attendance of witnesses as in other civil actions and to produce evidence that is competent, relevant, and material to determine the correct amount due, if any, that should be paid by the plaintiff.
(c) Either party may seek appellate review in the same manner as other civil actions are appealed to the appellate courts.
(5) An appeal may be maintained under this section without the need for the plaintiff to first:
(a) Protest against the payment of any amount due or reportable under this chapter or to make any demand to have such amount refunded or returned; or
(b) Petition the administrator for a refund, return of property, or a review of its action as authorized in RCW 63.30.730.
(6) No court action or proceeding of any kind may be maintained by the plaintiff to recover any amount paid, delivered, or reported to the administrator under this chapter, except as provided in this section or as may be available to the plaintiff under RCW 34.05.510 through 34.05.598.
(7) No appeal may be maintained under this section with respect to matters reviewed by the administrator under the provisions of chapter 34.05 RCW.
[ 2025 c 29 s 23; 2022 c 225 s 1104.]
Notes:
Retroactive application—2025 c 29 ss 3-6, 14-17, and 20-23: See note following RCW 63.30.010.

catchline: Judicial remedy.


title: RCW 63.30.750

text:
(1) If a determination under RCW 63.30.680 becomes final and is not subject to administrative or judicial review, the administrator may commence an action in superior court or in an appropriate court of another state to enforce the determination and secure payment or delivery of past due, unpaid, or undelivered property. The action must be brought not later than one year after the determination becomes final.
(2) In an action under subsection (1) of this section, if no court in this state has jurisdiction over the defendant, the administrator may commence an action in any court having jurisdiction over the defendant.
[ 2022 c 225 s 1201.]

catchline: Judicial action to enforce liability.


title: RCW 63.30.760

text:
(1) Subject to subsection (2) of this section, the administrator may:
(a) Exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned; and
(b) Authorize in a record another state or foreign country or a person acting on behalf of the other state or country to examine its records of a putative holder as provided in RCW 63.30.570 through 63.30.690.
(2) An exchange or examination under subsection (1) of this section may be done only if the state or foreign country has confidentiality and security requirements substantially equivalent to those in RCW 63.30.810 through 63.30.880 or agrees in a record to be bound by this state's confidentiality and security requirements.
[ 2022 c 225 s 1202.]

catchline: Interstate and international agreement—Cooperation.


title: RCW 63.30.770

text:
(1) The administrator may join another state or foreign country to examine and seek enforcement of this chapter against a putative holder.
(2) On request of another state or foreign country, the attorney general may commence an action on behalf of the other state or country to enforce, in this state, the law of the other state or country against a putative holder subject to a claim by the other state or country, if the other state or country agrees to pay costs incurred by the attorney general in the action.
(3) The administrator may request the official authorized to enforce the unclaimed property law of another state or foreign country to commence an action to recover property in the other state or country on behalf of the administrator. This state shall pay the costs, including reasonable attorneys' fees and expenses, incurred by the other state or foreign country in an action under this subsection.
(4) The administrator may pursue an action on behalf of this state to recover property subject to this chapter but delivered to the custody of another state if the administrator believes the property is subject to the custody of the administrator.
(5) The administrator may retain an attorney in this state, another state, or a foreign country to commence an action to recover property on behalf of the administrator and may agree to pay attorneys' fees based in whole or in part on a fixed fee, hourly fee, or a percentage of the amount or value of property recovered in the action.
(6) Expenses incurred by this state in an action under this section may be paid from property received under this chapter or the net proceeds of the property. Expenses paid to recover property may not be deducted from the amount that is subject to a claim under this chapter by the owner.
[ 2022 c 225 s 1203.]

catchline: Action involving another state or foreign country.


title: RCW 63.30.780

text:
An agreement by an apparent owner and another person, the primary purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the administrator, is enforceable only if the agreement:
(1) Is in a record that clearly states the nature of the property and the services to be provided;
(2) Is signed by or on behalf of the apparent owner; and
(3) States the amount or value of the property reasonably expected to be recovered, computed before and after a fee or other compensation to be paid to the person has been deducted.
[ 2022 c 225 s 1301.]

catchline: Agreement to locate property enforceable.


title: RCW 63.30.790

text:
(1) An agreement under RCW 63.30.780 is void if a provision in the agreement applies to mineral proceeds for which compensation is to be paid to the other person based in whole or in part of the underlying minerals or mineral proceeds not then presumed abandoned.
(2) An agreement under RCW 63.30.780 that provides for compensation in an amount that exceeds five percent of the value of the property reasonably expected to be recovered, is unenforceable.
(3) An apparent owner or the administrator may assert that an agreement under RCW 63.30.780 is void on a ground other than it provides for payment of unconscionable compensation in an amount that exceeds five percent of the value of the property reasonably expected to be recovered.
(4) This section does not apply to an apparent owner's agreement with an attorney to pursue a claim for recovery of specifically identified property held by the administrator or to contest the administrator's denial of a claim for recovery of the property.
[ 2025 c 29 s 24; 2022 c 225 s 1302.]

catchline: Agreement to locate property void, when.


title: RCW 63.30.800

text:
(1) An apparent owner that contracts with another person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the apparent owner which is held by the administrator may designate the person as the agent of the apparent owner. The designation must be in a record signed by the apparent owner.
(2) The administrator shall give the agent of the apparent owner all information concerning the property which the apparent owner is entitled to receive, including information that otherwise is confidential information under RCW 63.30.820.
(3) If authorized by the apparent owner, the agent of the apparent owner may bring an action against the administrator on behalf of and in the name of the apparent owner.
[ 2022 c 225 s 1303.]

catchline: Right of agent of apparent owner to recover property held by administrator.


title: RCW 63.30.810

text:
(1) In this section and RCW 63.30.820 through 63.30.880, "personal information" means:
(a) Information that identifies or reasonably can be used to identify an individual, such as first and last name in combination with the individual's:
(i) Social security number or other government-issued number or identifier;
(ii) Date of birth;
(iii) Home or physical address;
(iv) Email address or other online contact information or internet provider address;
(v) Financial account number or credit or debit card number;
(vi) Biometric data, health or medical data, or insurance information; or
(vii) Passwords or other credentials that permit access to an online or other account;
(b) Personally identifiable financial or insurance information, including nonpublic personal information defined by applicable federal law; and
(c) Any combination of data that, if accessed, disclosed, modified, or destroyed without authorization of the owner of the data or if lost or misused, would require notice or reporting under chapter 19.255 RCW and federal privacy and data security law, whether or not the administrator or the administrator's agent is subject to the law.
(2) A provision of this section or RCW 63.30.820 through 63.30.880 that applies to the administrator or the administrator's records applies to an administrator's agent.
[ 2022 c 225 s 1401.]

catchline: Definitions—Applicability.


title: RCW 63.30.820

text:
(1) Except as otherwise provided in this chapter, the following are confidential and exempt from public inspection or disclosure:
(a) Reports and records of a holder in the possession of the administrator or the administrator's agent;
(b) Personal information and other information derived or otherwise obtained by or communicated to the administrator or the administrator's agent from an examination under this chapter of the records of a person; and
(c) Correspondence sent by the administrator or the administrator's agent to holders concerning past, current, pending, or potential examinations.
(2) A record or other information that is confidential under law of this state other than this chapter, another state, or the United States continues to be confidential when disclosed or delivered under this chapter to the administrator or administrator's agent.
[ 2025 c 29 s 25; 2022 c 225 s 1402.]

catchline: Confidential information.


title: RCW 63.30.830

text:
(1) When reasonably necessary to enforce or implement this chapter, the administrator may disclose confidential information concerning property held by the administrator or the administrator's agent only to:
(a) An apparent owner or the apparent owner's personal representative, attorney, other legal representative, relative, or agent designated under RCW 63.30.800 to have the information;
(b) The personal representative, other legal representative, relative of a deceased apparent owner, agent designated under RCW 63.30.800 by the deceased apparent owner, or a person entitled to inherit from the deceased apparent owner;
(c) Another department or agency of this state or the United States;
(d) The person that administers the unclaimed property law of another state, if the other state accords substantially reciprocal privileges to the administrator of this state if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to this section and RCW 63.30.810, 63.30.820, and 63.30.840 through 63.30.880; or
(e) A person subject to an examination as required by RCW 63.30.600(6).
(2) Except as otherwise provided in RCW 63.30.820(1), the administrator shall include on the website or in the database required by RCW 63.30.300(3)(b) the name of each apparent owner of property held by the administrator. The administrator may include in published notices, printed publications, telecommunications, the internet, or other media and on the website or in the database additional information concerning the apparent owner's property if the administrator believes the information will assist in identifying and returning property to the owner and does not disclose personal information except the home or physical address of an apparent owner.
(3) The administrator and the administrator's agent may not use confidential information provided to them or in their possession except as expressly authorized by this chapter or required by law other than this chapter.
[ 2022 c 225 s 1403.]

catchline: When confidential information may be disclosed.


title: RCW 63.30.840

text:
A person to be examined under RCW 63.30.580 may require, as a condition of disclosure of the records of the person to be examined, that each person having access to the records disclosed in the examination execute and deliver to the person to be examined a confidentiality agreement that:
(1) Is in a form that is reasonably satisfactory to the administrator; and
(2) Requires the person having access to the records to comply with the provisions of this section and RCW 63.30.810 through 63.30.830 and 63.30.850 through 63.30.880 applicable to the person.
[ 2022 c 225 s 1404.]

catchline: Confidentiality agreement.


title: RCW 63.30.850

text:
Except as otherwise provided in RCW 63.30.280 and 63.30.290, a holder is not required under this chapter to include confidential information in a notice the holder is required to provide to an apparent owner under this chapter.
[ 2022 c 225 s 1405.]

catchline: No confidentiality information in notice.


title: RCW 63.30.860

text:
(1) If a holder is required to include confidential information in a report to the administrator, the information must be provided by a secure means.
(2) If confidential information in a record is provided to and maintained by the administrator or administrator's agent as required by this chapter, the administrator or agent shall:
(a) Implement administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of the information required by chapter 19.255 RCW and federal privacy and data security law whether or not the administrator or the administrator's agent is subject to the law;
(b) Protect against reasonably anticipated threats or hazards to the security, confidentiality, or integrity of the information; and
(c) Protect against unauthorized access to or use of the information which could result in substantial harm or inconvenience to a holder or the holder's customers, including insureds, annuitants, and policy or contract owners and their beneficiaries.
(3) The administrator:
(a) After notice and comment, shall adopt and implement a security plan that identifies and assesses reasonably foreseeable internal and external risks to confidential information in the administrator's possession and seeks to mitigate the risks; and
(b) Shall ensure that an administrator's agent adopts and implements a similar plan with respect to confidential information in the agent's possession.
(4) The administrator and the administrator's agent shall educate and train their employees regarding the plan adopted under subsection (3) of this section.
(5) The administrator and the administrator's agent shall in a secure manner return or destroy all confidential information no longer reasonably needed under this chapter.
[ 2022 c 225 s 1406.]

catchline: Security of information.


title: RCW 63.30.870

text:
(1) Except to the extent prohibited by law other than this chapter, the administrator or administrator's agent shall notify a holder as soon as practicable of:
(a) A suspected loss, misuse, or unauthorized access, disclosure, modification, or destruction of confidential information obtained from the holder in the possession of the administrator or an administrator's agent; and
(b) Any interference with operations in any system hosting or housing confidential information which:
(i) Compromises the security, confidentiality, or integrity of the information; or
(ii) Creates a substantial risk of identity fraud or theft.
(2) Except as necessary to inform an insurer, attorney, investigator, or others as required by law, the administrator and an administrator's agent may not disclose, without the express consent in a record of the holder, an event described in subsection (1) of this section to a person whose confidential information was supplied by the holder.
(3) If an event described in subsection (1) of this section occurs, the administrator and the administrator's agent shall:
(a) Take action necessary for the holder to understand and minimize the effect of the event and determine its scope; and
(b) Cooperate with the holder with respect to:
(i) Any notification required by law concerning a data or other security breach; and
(ii) A regulatory inquiry, litigation, or similar action.
[ 2022 c 225 s 1407.]

catchline: Security breach.


title: RCW 63.30.880

text:
(1) If a claim is made or action commenced arising out of an event described in RCW 63.30.870(1) relating to confidential information possessed by the administrator, this state shall indemnify, defend, and hold harmless a holder and the holder's affiliates, officers, directors, employees, and agents as to:
(a) Any claim or action; and
(b) A liability, obligation, loss, damage, cost, fee, penalty, fine, settlement, charge, or other expense, including reasonable attorneys' fees and costs, established by the claim or action.
(2) If a claim is made or action commenced arising out of an event described in RCW 63.30.870(1) relating to confidential information possessed by an administrator's agent, the administrator's agent shall indemnify, defend, and hold harmless a holder and the holder's affiliates, officers, directors, employees, and agents as to:
(a) Any claim or action; and
(b) A liability, obligation, loss, damage, cost, fee, penalty, fine, settlement, charge, or other expense, including reasonable attorneys' fees and costs, established by the claim or action.
(3) The administrator shall require an administrator's agent that will receive confidential information required under this chapter to maintain adequate insurance for indemnification obligations of the administrator's agent under subsection (2) of this section. The agent required to maintain the insurance shall provide evidence of the insurance to:
(a) The administrator not less frequently than annually; and
(b) The holder on commencement of an examination and annually thereafter until all confidential information is returned or destroyed under RCW 63.30.860(5).
[ 2022 c 225 s 1408.]

catchline: Indemnification for breach.


title: RCW 63.30.890

text:
(1) The department may enter into an agreement in writing with any holder with respect to any duties under this chapter or any property or amounts due under this chapter, including penalties and interest.
(2) Upon its execution by all parties, the agreement is final and conclusive as to the periods, property, and any other matters expressly covered by the agreement. Except upon a showing of fraud or malfeasance, or of misrepresentation of a material fact:
(a) The agreement may not be reopened as to the matters agreed upon, nor may the agreement be modified, by any officer, employee, or agent of the state, or the holder; and
(b) In any suit, action, or proceeding, such agreement, or any determination, assessment, collection, payment, abatement, or refund, or credit made in accordance with the agreement, may not be annulled, modified, set aside, or disregarded.
(3) No agreement under this section may affect a holder's obligations to an owner or an owner's rights against a holder, except as expressly provided in RCW 63.30.350.
(4) No agreement under this section may include any indemnification of any holder for amounts or property that has not been paid or delivered to the department. Nothing in this subsection may be construed to affect the finality and conclusiveness of any agreement under this section to the extent provided in subsection (2) of this section.
[ 2023 c 258 s 11.]
Notes:
Retroactive application—2023 c 258 ss 2-8, 10, and 11: See note following RCW 19.150.060.

catchline: Right to enter into an agreement.


title: RCW 63.30.900

text:
This chapter may be cited as the revised uniform unclaimed property act.
[ 2022 c 225 s 101.]

catchline: Short title.


title: RCW 63.30.905

text:
In applying and construing this uniform chapter and chapter 225, Laws of 2022, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2022 c 225 s 1501.]

catchline: Uniformity of application and construction—2022 c 225.


title: RCW 63.30.910

text:
This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2022 c 225 s 1502.]

catchline: Relation to electronic signatures in global and national commerce act.


title: RCW 63.30.915

text:
(1) An initial report filed under this chapter for property that was not required to be reported before January 1, 2023, but that is required to be reported under this chapter, must include all items of property that would have been presumed abandoned during the six-year period preceding January 1, 2023, as if this chapter had been in effect during that period.
(2) This chapter does not relieve a holder of a duty that arose before January 1, 2023, to report, pay, or deliver property. Subject to RCW 63.30.410 (2) and (3), a holder that did not comply with the law governing unclaimed property before January 1, 2023, is subject to applicable provisions for enforcement and penalties in effect before January 1, 2023.
[ 2022 c 225 s 1503.]

catchline: Transitional provision.


title: RCW 63.30.920

text:
If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
[ 2022 c 225 s 1508.]

catchline: Conflict with federal requirements—2022 c 225.


title: RCW 63.30.925

text:
This act takes effect January 1, 2023.
[ 2022 c 225 s 1507.]

catchline: Effective date—2022 c 225.


title: RCW 63.32.010

text:
Whenever any personal property shall come into the possession of the police authorities of any city in connection with the official performance of their duties and said personal property shall remain unclaimed or not taken away for a period of sixty days from date of written notice to the owner thereof, if known, which notice shall inform the owner of the disposition which may be made of the property under this section and the time that the owner has to claim the property and in all other cases for a period of sixty days from the time said property came into the possession of the police department, unless said property has been held as evidence in any court, then, in that event, after sixty days from date when said case has been finally disposed of and said property released as evidence by order of the court, said city may:
(1) At any time thereafter sell said personal property at public auction to the highest and best bidder for cash in the manner hereinafter provided;
(2) Retain the property for the use of the police department subject to giving notice in the manner prescribed in RCW 63.32.020 and the right of the owner, or the owner's legal representative, to reclaim the property within one year after receipt of notice, without compensation for ordinary wear and tear if, in the opinion of the chief of police, the property consists of firearms or other items specifically usable in law enforcement work: PROVIDED, That at the end of each calendar year during which there has been such a retention, the police department shall provide the city's mayor or council and retain for public inspection a list of such retained items and an estimation of each item's replacement value. At the end of the one-year period any unclaimed firearm shall be disposed of pursuant to RCW 9.41.098(2);
(3) Destroy an item of personal property at the discretion of the chief of police if the chief of police determines that the following circumstances have occurred:
(a) The property has no substantial commercial value, or the probable cost of sale exceeds the value of the property;
(b) The item has been unclaimed by any person after notice procedures have been met, as prescribed in this section; and
(c) The chief of police has determined that the item is unsafe and unable to be made safe for use by any member of the general public;
(4) If the item is not unsafe or illegal to possess or sell, such item, after satisfying the notice requirements as prescribed in RCW 63.32.020, may be offered by the chief of police to bona fide dealers, in trade for law enforcement equipment, which equipment shall be treated as retained property for purpose of annual listing requirements of subsection (2) of this section; or
(5) If the item is not unsafe or illegal to possess or sell, but has been, or may be used, in the judgment of the chief of police, in a manner that is illegal, such item may be destroyed.
[ 1988 c 223 s 3; 1988 c 132 s 1; 1981 c 154 s 2; 1973 1st ex.s. c 44 s 1; 1939 c 148 s 1; 1925 ex.s. c 100 s 1; RRS s 8999-1.]
Notes:
Reviser's note: This section was amended by 1988 c 132 s 1 and by 1988 c 223 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

catchline: Methods of disposition—Notice—Sale, retention, destruction, or trade.


title: RCW 63.32.020

text:
Before said personal property shall be sold, a notice of such sale fixing the time and place thereof which shall be at a suitable place, which will be noted in the advertisement for sale, and containing a description of the property to be sold shall be published at least once in the official newspaper of said city at least ten days prior to the date fixed for said sale. The notice shall be signed by the chief or other head of the police department of such city. If the owner fails to reclaim said property prior to the time fixed for the sale in such notice, the chief or other head of the police department shall conduct said sale and sell the property described in the notice at public auction to the highest and best bidder for cash, and upon payment of the amount of such bid shall deliver the said property to such bidder.
[ 1988 c 132 s 2; 1925 ex.s. c 100 s 2; RRS s 8999-2.]

catchline: Notice of sale.


title: RCW 63.32.030

text:
The moneys arising from sales under the provisions of this chapter shall be first applied to the payment of the costs and expenses of the sale and then to the payment of lawful charges and expenses for the keep of said personal property and the balance, if any, shall be paid into the police pension fund of said city if such fund exists; otherwise into the city current expense fund.
[ 1939 c 148 s 2; 1925 ex.s. c 100 s 3; RRS s 8999-3.]

catchline: Disposition of proceeds.


title: RCW 63.32.040

text:
If the owner of said personal property so sold, or his or her legal representative, shall, at any time within three years after such money shall have been deposited in said police pension fund or the city current expense fund, furnish satisfactory evidence to the police pension fund board or the city treasurer of said city of the ownership of said personal property, he or she shall be entitled to receive from said police pension fund or city current expense fund the amount so deposited therein with interest.
[ 2012 c 117 s 182; 1939 c 148 s 3; 1925 ex.s. c 100 s 4; RRS s 899-4.]

catchline: Reimbursement to owner.


title: RCW 63.32.050

text:
In addition to any other method of disposition of unclaimed property provided under this chapter, the police authorities of a city or town may donate unclaimed personal property to nonprofit charitable organizations. A nonprofit charitable organization receiving personal property donated under this section must use the property, or its proceeds, to benefit needy persons. Such organization must qualify for tax-exempt status under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.
[ 2007 c 219 s 1; 1987 c 182 s 1.]
Notes:
Severability—1987 c 182: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 182 s 3.]

catchline: Donation of unclaimed personal property to nonprofit charitable organizations.


title: RCW 63.32.060

text:
(1) This chapter does not modify the requirements for a police department to accept found property under chapter 63.21 RCW.
(2) If a city or town designates an alternate department or governmental entity to accept found property under RCW 63.21.090:
(a) The designated department or governmental entity shall comply with the retention and disposition requirements under this chapter in the same manner as would be required of a police department; and
(b) The police department is not required to accept found property from a finder of said property, unless the property is any of the following: A bank card; charge or credit card; cash; government-issued document, financial document, or legal document; firearm; evidence in a judicial or other official proceeding; or an item that is not legal for the finder to possess. Such found property accepted by a police department must be retained or disposed of in accordance with this chapter and other applicable state laws.
[ 2020 c 26 s 16.]
Notes:
Intent—2020 c 26: See note following RCW 63.21.090.

catchline: Duties of police department or designated alternate entity accepting found property.


title: RCW 63.35.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agency" means the Washington state patrol.
(2) "Chief" means the chief of the Washington state patrol or designee.
(3) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes, among other property, contraband and money.
(4) "Contraband" means any property which is unlawful to produce or possess.
(5) "Money" means all currency, script, personal checks, money orders, or other negotiable instruments.
(6) "Owner" means the person in whom is vested the ownership, dominion, or title of the property.
(7) "Unclaimed" means that no owner of the property has been identified or has requested, in writing, the release of the property to themselves nor has the owner of the property designated an individual to receive the property or paid the required postage to effect delivery of the property.
(8) "Illegal items" means those items unlawful to be possessed.
[ 1989 c 222 s 1.]

catchline: Definitions.


title: RCW 63.35.020

text:
Whenever any personal property shall come into the possession of the officers of the state patrol in connection with the official performance of their duties and said personal property shall remain unclaimed or not taken away for a period of sixty days from the date of written notice to the owner thereof, if known, which notice shall inform the owner of the disposition which may be made of the property under this section and the time that the owner has to claim the property and in all other cases for a period of sixty days from the time said property came into the possession of the state agency, unless said property has been held as evidence in any court, then, in that event, after sixty days from date when said case has been finally disposed of and said property released as evidence by order of the court, said agency may:
(1) At any time thereafter sell said personal property at public auction to the highest and best bidder for cash in the manner hereinafter provided;
(2) Retain the property for the use of the state patrol subject to giving notice in the manner prescribed in RCW 63.35.030 and the right of the owner, or the owner's legal representative, to reclaim the property within one year after receipt of notice, without compensation for ordinary wear and tear if, in the opinion of the chief, the property consists of firearms or other items specifically usable in law enforcement work: PROVIDED, That at the end of each calendar year during which there has been such a retention, the state patrol shall provide the office of financial management and retain for public inspection a list of such retained items and an estimation of each item's replacement value;
(3) Destroy an item of personal property at the discretion of the chief if the chief determines that the following circumstances have occurred:
(a) The property has no substantial commercial value, or the probable cost of sale exceeds the value of the property;
(b) The item has been unclaimed by any person after notice procedures have been met, as prescribed in this section; and
(c) The chief has determined that the item is illegal to possess or sell or unsafe and unable to be made safe for use by any member of the general public;
(4) If the item is not unsafe or illegal to possess or sell, such item, after satisfying the notice requirements as prescribed in this section may be offered by the chief to bona fide dealers, in trade for law enforcement equipment, which equipment shall be treated as retained property for purpose of annual listing requirements of subsection (2) of this section; or
(5) At the end of one year, any unclaimed firearm shall be disposed of pursuant to RCW 9.41.098(2). Any other item which is not unsafe or illegal to possess or sell, but has been, or may be used, in the judgment of the chief, in a manner that is illegal, may be destroyed.
[ 1989 c 222 s 2.]

catchline: Methods of disposition—Sale, retention, destruction, or trade.


title: RCW 63.35.030

text:
Before said personal property shall be sold, a notice of such sale fixing the time and place thereof which shall be at a suitable place, which will be noted in the advertisement for sale, and containing a description of the property to be sold shall be published at least once in a newspaper of general circulation in the county in which the property is to be sold at least ten days prior to the date fixed for the auction. The notice shall be signed by the chief. If the owner fails to reclaim said property prior to the time fixed for the sale in such notice, the chief shall conduct said sale and sell the property described in the notice at public auction to the highest and best bidder for cash, and upon payment of the amount of such bid shall deliver the said property to such bidder.
[ 1989 c 222 s 3.]


title: RCW 63.35.040

text:
The moneys arising from sales under the provisions of this chapter shall be first applied to the payment of the costs and expenses of the sale and then to the payment of lawful charges and expenses for the keep of said personal property and the balance, if any, shall be forwarded to the state treasurer to be deposited into the state patrol highway account.
[ 1989 c 222 s 4.]


title: RCW 63.35.050

text:
If the owner of said personal property so sold, or the owner's legal representative, shall, at any time within three years after such money shall have been deposited in the state patrol highway account, furnish satisfactory evidence to the state treasurer of the ownership of said personal property, the owner or the owner's legal representative shall be entitled to receive from said state patrol highway account the amount so deposited therein with interest.
[ 1989 c 222 s 5.]


title: RCW 63.35.060

text:
(1) Chapter 63.24 RCW, unclaimed property in hands of bailee, does not apply to personal property in the possession of the state patrol.
(2) The uniform unclaimed property act, *chapter 63.29 RCW, does not apply to personal property in the possession of the state patrol.
[ 1989 c 222 s 6.]
Notes:
*Reviser's note: Chapter 63.29 RCW was repealed in its entirety by 2022 c 225 s 1505, effective January 1, 2023. For later enactment, see chapter 63.30 RCW.

catchline: Applicability of other statutes.


title: RCW 63.35.065

text:
In addition to any other method of disposition of unclaimed property provided under this chapter, the state patrol may donate unclaimed personal property to nonprofit charitable organizations. A nonprofit charitable organization receiving personal property donated under this section must use the property, or its proceeds, to benefit needy persons. Such organization must qualify for tax-exempt status under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.
[ 2007 c 219 s 2.]


title: RCW 63.40.010

text:
Whenever any personal property, other than vehicles governed by chapter 46.52 RCW, shall come into the possession of the sheriff of any county in connection with the official performance of his duties and said personal property shall remain unclaimed or not taken away for a period of sixty days from date of written notice to the owner thereof, if known, which notice shall inform the owner of the disposition which may be made of the property under this section and the time that the owner has to claim the property and in all other cases for a period of sixty days from the time said property came into the possession of the sheriff's office, unless said property has been held as evidence in any court, then, in that event, after sixty days from date when said case has been finally disposed of and said property released as evidence by order of the court, said county sheriff may:
(1) At any time thereafter sell said personal property at public auction to the highest and best bidder for cash in the manner hereinafter provided;
(2) Retain the property for the use of the sheriff's office subject to giving notice in the manner prescribed in RCW 63.40.020 and the right of the owner, or his or her legal representative, to reclaim the property within one year after the receipt of notice, without compensation for ordinary wear and tear if, in the opinion of the county sheriff, the property consists of firearms or other items specifically usable in law enforcement work: PROVIDED, That at the end of each calendar year during which there has been such a retention, the sheriff shall provide the county's executive or legislative authority and retain for public inspection a list of such retained items and an estimation of each item's replacement value. At the end of the one-year period any unclaimed firearm shall be disposed of pursuant to RCW 9.41.098(2);
(3) Destroy an item of personal property at the discretion of the county sheriff if the county sheriff determines that the following circumstances have occurred:
(a) The property has no substantial commercial value, or the probable cost of sale exceeds the value of the property;
(b) The item has been unclaimed by any person after notice procedures have been met, as prescribed in this section; and
(c) The county sheriff has determined that the item is unsafe and unable to be made safe for use by any member of the general public;
(4) If the item is not unsafe or illegal to possess or sell, such item, after satisfying the notice requirements as prescribed in RCW 63.40.020, may be offered by the county sheriff to bona fide dealers, in trade for law enforcement equipment, which equipment shall be treated as retained property for purpose of annual listing requirements of subsection (2) of this section; or
(5) If the item is not unsafe or illegal to possess or sell, but has been, or may be used, in the discretion of the county sheriff, in a manner that is illegal, such item may be destroyed.
[ 1988 c 223 s 4; 1988 c 132 s 3; 1981 c 154 s 3; 1973 1st ex.s. c 44 s 4; 1961 c 104 s 1.]
Notes:
Reviser's note: This section was amended by 1988 c 132 s 3 and by 1988 c 223 s 4, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).


title: RCW 63.40.020

text:
Before said personal property shall be sold, a notice of such sale fixing the time and place thereof which shall be at a suitable place, which will be noted in the advertisement for sale, and containing a description of the property to be sold shall be published at least once in an official newspaper in said county at least ten days prior to the date fixed for said sale. The notice shall be signed by the sheriff or his or her deputy. If the owner fails to reclaim said property prior to the time fixed for the sale in such notice, the sheriff or his or her deputy shall conduct said sale and sell the property described in the notice at public auction to the highest and best bidder for cash, and upon payment of the amount of such bid shall deliver the said property to such bidder.
[ 2012 c 117 s 183; 1988 c 132 s 4; 1961 c 104 s 2.]

catchline: Notice of sale, form, contents—Conduct of sale.


title: RCW 63.40.030

text:
The moneys arising from sales under the provisions of this chapter shall be first applied to the payment of the costs and expenses of the sale and then to the payment of lawful charges and expenses for the keeping of said personal property and the balance, if any, shall be paid into the county current expense fund.
[ 1961 c 104 s 3.]


title: RCW 63.40.040

text:
If the owner of said personal property so sold, or his or her legal representative, shall, at any time within three years after such money shall have been deposited in the county current expense fund, furnish satisfactory evidence to the county treasurer of said county of the ownership of said personal property, he or she shall be entitled to receive from said county current expense fund the amount so deposited therein.
[ 2012 c 117 s 184; 1961 c 104 s 4.]


title: RCW 63.40.050

text:
The provisions of *chapter 63.29 RCW shall not apply to personal property in the possession of the office of county sheriff.
[ 1985 c 7 s 126; 1961 c 104 s 5.]
Notes:
*Reviser's note: Chapter 63.29 RCW was repealed in its entirety by 2022 c 225 s 1505, effective January 1, 2023. For later enactment, see chapter 63.30 RCW.

catchline: Uniform unclaimed property act not applicable.


title: RCW 63.40.060

text:
In addition to any other method of disposition of unclaimed property provided under this chapter, the county sheriff may donate unclaimed personal property to nonprofit charitable organizations. A nonprofit charitable organization receiving personal property donated under this section must use the property, or its proceeds, to benefit needy persons. Such organization must qualify for tax-exempt status under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.
[ 2007 c 219 s 3; 1987 c 182 s 2.]
Notes:
Severability—1987 c 182: See note following RCW 63.32.050.


title: RCW 63.40.070

text:
(1) This chapter does not modify the requirements for a sheriff to accept found property under chapter 63.21 RCW.
(2) If a county designates an alternate department or governmental entity to accept found property under RCW 63.21.090:
(a) The designated department or governmental entity shall comply with the disposition requirements under this chapter in the same manner as would be required of the sheriff; and
(b) The sheriff is not required to accept found property from a finder of said property, unless the property is any of the following: A bank card; charge or credit card; cash; government-issued document, financial document, or legal document; firearm; evidence in a judicial or other official proceeding; or an item that is not legal for the finder to possess. Such found property accepted by a sheriff must be retained or disposed of in accordance with this chapter and other applicable state laws.
[ 2020 c 26 s 17.]
Notes:
Intent—2020 c 26: See note following RCW 63.21.090.

catchline: Duties of sheriff or designated alternate entity accepting found property.


title: RCW 63.42.010

text:
It is the intent of the legislature to relieve the department of corrections from unacceptable burdens of cost related to storage space and manpower in the preservation of inmate personal property if the property has been abandoned by the inmate and to enhance the security and safety of the institutions.
[ 1983 1st ex.s. c 52 s 1.]

catchline: Legislative intent.


title: RCW 63.42.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Secretary" means the secretary of the department of corrections or the secretary's designees.
(2) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes among others contraband and money.
(3) "Contraband" means all personal property including, but not limited to, alcoholic beverages and other items which a resident of a correctional institution may not have in the resident's possession, as defined in rules adopted by the secretary.
(4) "Money" means all currency, script, personal checks, money orders, or other negotiable instruments.
(5) "Owner" means the inmate, the inmate's legal representative, or any person claiming through or under the inmate entitled to title and possession of the property.
(6) "Unclaimed" means that no owner of the property has been identified or has requested, in writing, the release of the property to themselves nor has the owner of the property designated an individual to receive the property or paid the required postage to effect delivery of the property.
(7) "Inmate" means a person committed to the custody of the department of corrections or transferred from other states or the federal government.
(8) "Institutions" means those facilities set forth in RCW 72.01.050(2) and all community residential programs under the department's jurisdiction operated pursuant to chapter 72.65 RCW.
(9) "Department" means the department of corrections.
(10) "Illegal items" means those items unlawful to be possessed.
(11) "Nonprofit" has the meaning prescribed by state or federal law or rules.
[ 1983 1st ex.s. c 52 s 2.]


title: RCW 63.42.030

text:
(1) All personal property, and any income or increment which has accrued thereon, held for the owner by an institution that has remained unclaimed for more than six months from the date the owner terminated without authorization from work training release, transferred to a different institution, or when the owner is unknown or deceased, from the date the property was placed in the custody of the institution, is presumed abandoned: PROVIDED, That the provisions of this section shall be extended for up to six months for any inmate, transferred to another institution, who has no recorded next of kin, or person to whom the unclaimed property can be sent.
(2) All personal property, and any income or increment which has accrued thereon, the inmate owner of which has been placed on escape status is presumed abandoned and shall be held for three months by the institution from which the inmate escaped. If the inmate owner remains on escape status for three months or if no other person claims ownership within three months, the property shall be disposed of as set forth in this chapter.
(3) All illegal items owned by and in the possession of an inmate shall be confiscated and held by the institution to which the inmate is assigned. Such items shall be held as required for evidence for law enforcement authorities. Illegal items not retained for evidence shall be destroyed.
[ 1983 1st ex.s. c 52 s 3.]
Notes:
Property of deceased inmates: RCW 11.08.101, 11.08.111, and 11.08.120.

catchline: Personal property presumed abandoned—Illegal items retained as evidence or destroyed.


title: RCW 63.42.040

text:
(1) All personal property, other than money, presumed abandoned shall be destroyed unless, in the opinion of the secretary, the property may be used or has value to a charitable or nonprofit organization, in which case the property may be donated to the organization. A charitable or nonprofit organization does not have a claim nor shall the department or any employee thereof be held liable to any charitable or nonprofit organization for property which is destroyed rather than donated or for the donation of property to another charitable or nonprofit organization.
(2) Money presumed abandoned under this chapter shall be paid into the revolving fund set up in accordance with RCW 9.95.360.
(3) The department shall inventory all personal property prior to its destruction or donation.
(4) Before personal property is donated or destroyed, if the name and address of the owner thereof is known or if deceased, the address of the heirs as known, at least thirty days' notice of the donation or destruction of the personal property shall be given to the owner at the owner's residence or place of business or to some person of suitable age and discretion residing or employed therein. If the name or residence of the owner or the owner's heirs is not known, a notice of the action fixing the time and place thereof shall be published at least once in an official newspaper in the county at least thirty days prior to the date fixed for the action. The notice shall be signed by the secretary. The notice need not contain a description of property, but shall contain a general statement that the property is unclaimed personal property of inmates, specifying the institution at which the property is held. If the owner fails to reclaim the property prior to the time fixed in the notice, the property shall be donated or destroyed.
[ 1983 1st ex.s. c 52 s 4.]
Notes:
Property of deceased inmates: RCW 11.08.101, 11.08.111, and 11.08.120.

catchline: Disposition of property presumed abandoned—Inventory—Notice.


title: RCW 63.42.050

text:
This chapter does not apply if the inmate and the department have reached an agreement in writing regarding the disposition of the personal property.
[ 1983 1st ex.s. c 52 s 5.]

catchline: Chapter not applicable if prior written agreement.


title: RCW 63.42.060

text:
(1) The uniform unclaimed property act, *chapter 63.29 RCW, does not apply to personal property in the possession of the department of corrections.
(2) Chapter 63.24 RCW, unclaimed property in hands of bailee, does not apply to personal property in the possession of the department of corrections.
[ 1985 c 7 s 127; 1983 1st ex.s. c 52 s 6.]
Notes:
*Reviser's note: Chapter 63.29 RCW was repealed in its entirety by 2022 c 225 s 1505, effective January 1, 2023. For later enactment, see chapter 63.30 RCW.

catchline: Application of chapters 63.24 and 63.29 RCW.


title: RCW 63.48.010

text:
All postal savings system accounts created by the deposits of persons whose last known addresses are in the state which have not been claimed by the persons entitled thereto before May 1, 1971, are presumed to have been abandoned by their owners and are declared to escheat and become the property of this state.
[ 1971 ex.s. c 68 s 1.]

catchline: Accounts presumed abandoned and to escheat to state.


title: RCW 63.48.020

text:
The director of revenue shall request from the bureau of accounts of the United States treasury department records providing the following information: The names of depositors at the post offices of this state whose accounts are unclaimed, their last addresses as shown by the records of the post office department, and the balance in each account. He or she shall agree to return to the bureau of accounts promptly all account cards showing last addresses in another state.
[ 2012 c 117 s 185; 1971 ex.s. c 68 s 2.]

catchline: Director to request federal records.


title: RCW 63.48.030

text:
The director of revenue may bring proceedings in the superior court for Thurston county to escheat unclaimed postal savings system accounts held by the United States treasury. A single proceeding may be used to escheat as many accounts as may be available for escheat at one time.
[ 1971 ex.s. c 68 s 3.]

catchline: Escheat proceedings brought in Thurston county.


title: RCW 63.48.040

text:
The director of revenue shall notify depositors whose accounts are to be escheated as follows:
(1) A letter advising that a postal savings system account in the name of the addressee is about to be escheated and setting forth the procedure by which a deposit may be claimed shall be mailed by first-class mail to the named depositor at the last address shown on the account records for each account to be escheated having an unpaid principal balance of more than twenty-five dollars.
(2) A general notice of intention to escheat postal savings system accounts shall be published once in each of three successive weeks in one or more newspapers which combine to provide general circulation throughout this state.
(3) A special notice of intention to escheat the unclaimed postal savings system accounts originally deposited in each post office must be published once in each of three successive weeks in a newspaper published in the county in which the post office is located or, if there is none, in a newspaper having general circulation in the county. This notice must list the names of the owners of each unclaimed account to be escheated having a principal balance of three dollars or more.
[ 1971 ex.s. c 68 s 4.]

catchline: Notice to depositors whose accounts are to be escheated.


title: RCW 63.48.050

text:
The director of revenue shall present a copy of each final judgment of escheat to the United States treasury department for payment of the principal due and the interest computed under regulations of the United States treasury department. The payment received shall be deposited in the general fund in the state treasury.
[ 1971 ex.s. c 68 s 5.]

catchline: Copy of judgment presented for payment—Disposition of proceeds.


title: RCW 63.48.060

text:
This state shall indemnify the United States for any losses suffered as a result of the escheat of unclaimed postal savings system accounts. The burden of the indemnification falls upon the fund into which the proceeds of the escheated accounts have been paid.
[ 1971 ex.s. c 68 s 6.]

catchline: Indemnification for losses as result of escheat proceedings—Source.


title: RCW 63.52.005

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Customer" means an individual or entity that causes or did cause a molder to fabricate, cast, or otherwise make a die, mold, or form.
(2) "Molder" means an individual or entity, including but not limited to a tool or die maker, that fabricates, casts, or otherwise makes a die, mold, or form.
(3) "Within three years after the last use" means the three-year period after the last use of a die, mold, or form, regardless of whether or not any portion of that period predates June 6, 1996.
[ 1996 c 235 s 1.]

catchline: Definitions.


title: RCW 63.52.010

text:
(1) In the absence of a written agreement otherwise, the customer has title and all rights to a die, mold, or form in the molder's possession.
(2) If a customer does not claim possession from a molder of a die, mold, or form within three years after the last use of the die, mold, or form, title and all rights to the die, mold, or form may be transferred to the molder for the purpose of destroying or otherwise disposing of the die, mold, or form.
(3) At least one hundred twenty days before seeking title and rights to a die, mold, or form in its possession, a molder shall send notice, via registered or certified mail, to the chief executive officer of the customer or, if the customer is not a business entity, to the customer's last known address. The notice must state that the molder intends to seek title and rights to the die, mold, or form. The notice must also include the name, address, and phone number of the molder.
(4) If a customer does not respond in person or by mail within one hundred twenty days after the date the notice was sent, or does not make other contractual arrangements with the molder for storage of the die, mold, or form, title and all rights of the customer transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the die, mold, or form without any risk of liability to the customer.
[ 1996 c 235 s 2.]

catchline: Customer has title and all rights—Written exception—Failure to claim within three years after the last use—Notice to customer—Title and all rights may transfer to the molder.


title: RCW 63.60.010

text:
Every individual or personality has a property right in the use of his or her name, voice, signature, photograph, forged digital likeness, or likeness. Such right exists in the name, voice, signature, photograph, forged digital likeness, or likeness of individuals or personalities deceased before, on, or after June 11, 1998. This right shall be freely transferable, assignable, and licensable, in whole or in part, by any otherwise permissible form of inter vivos or testamentary transfer, including without limitation a will or other testamentary instrument, trust, contract, community property agreement, or cotenancy with survivorship provisions or payable-on-death provisions, whether the will or other testamentary instrument, trust, contract, community property agreement, or cotenancy document is entered into or executed before, on, or after June 11, 1998, by the deceased individual or personality or by any subsequent owner of the deceased individual's or personality's rights as recognized by this chapter; or, if none is applicable, then the owner of the rights shall be determined under the laws of intestate succession applicable to interests in intangible personal property. The property right does not expire upon the death of the individual or personality, regardless of whether the law of the domicile, residence, or citizenship of the individual or personality at the time of death or otherwise recognizes a similar or identical property right. The right exists whether or not it was commercially exploited by the individual or the personality during the individual's or the personality's lifetime. The rights recognized under this chapter shall be deemed to have existed before June 11, 1998, and at the time of death of any deceased individual or personality or subsequent successor of their rights for the purpose of determining the person or persons entitled to these property rights as provided in RCW 63.60.030. This chapter is intended to apply to all individuals and personalities, living and deceased, regardless of place of domicile or place of domicile at time of death.
[ 2026 c 69 s 1; 2008 c 62 s 1; 1998 c 274 s 1.]
Notes:
Application—2008 c 62: "This act applies to all causes of action commenced on or after June 11, 1998, regardless of when the cause of action arose. To this extent, this act applies retroactively, but in all other respects it applies prospectively." [ 2008 c 62 s 4.]

catchline: Property right—Use of name, voice, signature, photograph, forged digital likeness, or likeness.


title: RCW 63.60.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Deceased individual" means any individual, regardless of the individual's place of domicile, residence, or citizenship at the time of death or otherwise, who has died within ten years before January 1, 1998, or thereafter.
(2) "Deceased personality" means any individual, regardless of the personality's place of domicile, residence, or citizenship at the time of death or otherwise, whose name, voice, signature, photograph, or likeness had commercial value at the time of his or her death, whether or not during the lifetime of that individual he or she used his or her name, voice, signature, photograph, or likeness on or in products, merchandise or goods, or for purposes of advertising or selling, or soliciting the purchase or sale of, products, merchandise, goods, or services. A "deceased personality" includes, without limitation, any such individual who has died within fifty years before January 1, 1998, or thereafter.
(3) "Forged digital likeness" means a visual representation which is either persistent or transmitted in real-time of an actual and identifiable individual, or an audio recording which is either persistent or transmitted in real-time of an actual and identifiable individual's voice, which:
(a) Has been digitally created, adapted, altered, or modified to be indistinguishable from a genuine visual representation or audio recording of the individual;
(b) Misrepresents the appearance, speech, or conduct of the individual; and
(c) Is likely to deceive a reasonable person into believing that the visual representation or audio recording is genuine.
(4) "Fund-raising" means an organized activity to solicit donations of money or other goods or services from persons or entities by an organization, company, or public entity. A fund-raising activity does not include a live, public performance by an individual or group of individuals for which money is received in solicited or unsolicited gratuities.
(5) "Individual" means a natural person, living or dead.
(6) "Likeness" means an image, painting, sketching, model, diagram, or other clear representation, other than a photograph, of an individual's face, body, or parts thereof, or the distinctive appearance, gestures, or mannerisms of an individual.
(7) "Name" means the actual or assumed name, or nickname, of a living or deceased individual that is intended to identify that individual.
(8) "Person" means any natural person, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, or other organizations.
(9) "Personality" means any individual whose name, voice, signature, photograph, or likeness has commercial value, whether or not that individual uses his or her name, voice, signature, photograph, or likeness on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.
(10) "Photograph" means any photograph or photographic reproduction, still or moving, or any videotape, online or live television transmission, of any individual, so that the individual is readily identifiable.
(11) "Signature" means the one handwritten or otherwise legally binding form of an individual's name, written or authorized by that individual, that distinguishes the individual from all others.
[ 2026 c 69 s 2; 2008 c 62 s 2; 2004 c 71 s 1; 1998 c 274 s 2.]
Notes:
Application—2008 c 62: See note following RCW 63.60.010.


title: RCW 63.60.030

text:
(1) Every individual or personality has a property right in the use of his or her name, voice, signature, photograph, or likeness. Such right shall be freely transferable, assignable, and licensable, in whole or in part, by contract or inter vivos transfer. This right shall not expire upon the death of the individual or personality, but shall be owned and enforceable by the following successors, heirs, or other transferees of living or deceased individuals or personalities:
(a) Except where such rights were transferred or assigned before such deceased personality's death by means of any contract or trust instrument, the right shall be owned by the person entitled to such rights under the deceased individual's or personality's last will and testament or, if none, then by the beneficiaries or heirs under the laws of intestate succession applicable to interests in intangible personal property generally of the individual's or personality's domicile, regardless of whether the law of the domicile of the deceased individual or personality, at the time of death, or thereafter, recognizes a similar or identical property right; or
(b) If the deceased individual or personality transferred or assigned any interest in the personality rights during his or her life by means of any contract or trust instrument, then the transferred or assigned interest shall be held as follows:
(i) If the transferred or assigned interest was held in trust, in accordance with the terms of the trust;
(ii) If the interest is subject to a cotenancy with any survivorship provisions or payable-on-death provisions, in accordance with those provisions;
(iii) If the interest is subject to any contract, including without limitation an exclusive license, assignment, or a community property agreement, in accordance with the terms of the applicable contract or contracts;
(iv) If the interest has been transferred or assigned to a third person in a form that is not addressed in this section, by the individual or personality, or the successor, heir, or other transferee of the living or deceased individual or personality, then the interest may be transferred, assigned, or licensed by such third person, in whole or in part, by any otherwise permissible form of inter vivos or testamentary transfer or, if none is applicable, under the laws of intestate succession applicable to interests in intangible personal property of the third person's domicile, regardless of whether the law of the domicile of the deceased third party, at the time of death, or thereafter, recognizes a similar or identical property right.
(2) A property right exists whether or not such rights were commercially exploited by or under the authority of the individual or the personality or the individual's or personality's successors or transferees during the individual's or the personality's lifetime.
(3) The rights recognized under this chapter shall be deemed to have existed before June 11, 1998, and at the time of death of any deceased individual or personality or subsequent successor of their rights for the purpose of determining the person or persons entitled to these property rights as provided in this section.
[ 2008 c 62 s 3; 1998 c 274 s 3.]
Notes:
Application—2008 c 62: See note following RCW 63.60.010.

catchline: Transfer, assignment, and license.


title: RCW 63.60.040

text:
(1) For individuals, except to the extent that the individual may have assigned or licensed such rights, the rights protected in this chapter are exclusive to the individual, subject to the assignment or licensing of such rights, during such individual's lifetime and are exclusive to the persons entitled to such rights under RCW 63.60.030 for a period of ten years after the death of the individual except to the extent that the persons entitled to such rights under RCW 63.60.030 may have assigned or licensed such rights to others.
(2) For personalities, except to the extent that the personality may have assigned or licensed such rights, the rights protected in this chapter are exclusive to the personality, subject to the assignment or licensing of such rights, during such personality's lifetime and to the persons entitled to such rights under RCW 63.60.030 for a period of seventy-five years after the death of the personality except to the extent that the persons entitled to such rights under RCW 63.60.030 may have assigned or licensed such rights to others.
(3) The rights granted in this chapter may be exercised by a personal representative, attorney-in-fact, parent of a minor child, or guardian, or as authorized by a court of competent jurisdiction. The terms "personal representative," "attorney-in-fact," and "guardian" shall have the same meanings in this chapter as they have in Title 11 RCW.
[ 2004 c 71 s 2; 1998 c 274 s 4.]

catchline: Right is exclusive for individuals and personalities.


title: RCW 63.60.050

text:
Any person who uses or authorizes the use of a living or deceased individual's or personality's name, voice, signature, photograph, forged digital likeness, or likeness, on or in goods, merchandise, or products entered into commerce in this state, or for purposes of advertising products, merchandise, goods, or services, or for purposes of fund-raising or solicitation of donations, or if any person disseminates or publishes such advertisements in this state, without written or oral, express or implied consent of the owner of the right, has infringed such right. An infringement may occur under this section without regard to whether the use or activity is for profit or not for profit.
[ 2026 c 69 s 3; 1998 c 274 s 5.]

catchline: Infringement of right—Use without consent—Profit or not for profit.


title: RCW 63.60.060

text:
(1) The superior courts of this state may grant injunctions on reasonable terms to prevent or restrain the unauthorized use of the rights in a living or deceased individual's or personality's name, voice, signature, photograph, forged digital likeness, or likeness.
(2) Any person who infringes the rights under this chapter shall be subject to a civil penalty of $3,000 and liable for the actual damages sustained as a result of the infringement, and any profits that are attributable to the infringement and not taken into account when calculating actual damages. If the infringement is of a living or deceased individual's or personality's forged digital likeness, the infringing party shall also be liable for the noneconomic damages sustained as a result of the infringement whether or not the infringement resulted in any profit. To prove profits under this section, the injured party or parties must submit proof of gross revenues attributable to the infringement, and the infringing party is required to prove his or her deductible expenses. For the purposes of computing statutory damages, use of a name, voice, signature, photograph, forged digital likeness, and/or likeness in or related to one work constitutes a single act of infringement regardless of the number of copies made or the number of times the name, voice, signature, photograph, forged digital likeness, or likeness is displayed.
(3) At any time while an action under this chapter is pending, the court may order the impounding, on reasonable terms, of all materials or any part thereof claimed to have been made or used in violation of the injured party's rights, and the court may enjoin the use of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such materials may be reproduced.
(4) As part of a final judgment or decree, the court may order the destruction or other reasonable disposition of all materials found to have been made or used in violation of the injured party's rights, and of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such materials may be reproduced.
(5) The prevailing party may recover reasonable attorneys' fees, expenses, and court costs incurred in recovering any remedy or defending any claim brought under this section.
(6) The remedies provided for in this section are cumulative and are in addition to any others provided for by law.
[ 2026 c 69 s 4; 1998 c 274 s 6.]

catchline: Infringement of right—Superior courts—Injunctions—Liability for damages and profits—Civil penalty—Impoundment—Destruction—Attorneys' fees.


title: RCW 63.60.070

text:
(1) For purposes of RCW 63.60.050, the use of a name, voice, signature, photograph, or likeness in connection with matters of cultural, historical, political, religious, educational, newsworthy, or public interest, including, without limitation, comment, criticism, satire, and parody relating thereto, shall not constitute a use for which consent is required under this chapter. A matter exempt from consent under this subsection does not lose such exempt status because it appears in the form of a paid advertisement if it is clear that the principal purpose of the advertisement is to comment on such matter.
(2) This chapter does not apply to the use or authorization of use of an individual's or personality's name, voice, signature, photograph, or likeness, in any of the following:
(a) Single and original works of fine art, including but not limited to photographic, graphic, and sculptural works of art that are not published in more than five copies;
(b) A literary work, theatrical work, musical composition, film, radio, online or television program, magazine article, news story, public affairs report, or sports broadcast or account, or with any political campaign when the use does not inaccurately claim or state an endorsement by the individual or personality;
(c) An advertisement or commercial announcement for a use permitted by subsections (1) and (7) of this section and (a) or (b) of this subsection;
(d) An advertisement, commercial announcement, or packaging for the authorized sale, distribution, performance, broadcast, or display of a literary, musical, cinematographic, or other artistic work using the name, voice, signature, photograph, or likeness of the writer, author, composer, director, actor, or artist who created the work, where such individual or personality consented to the use of his or her name, voice, signature, photograph, or likeness on or in connection with the initial sale, distribution, performance, or display thereof; and
(e) The advertisement or sale of a rare or fine product, including but not limited to books, which incorporates the signature of the author.
(3) It is no defense to an infringement action under this chapter that the use of an individual's or personality's name, voice, signature, photograph, or likeness includes more than one individual or personality so identifiable. However, the individuals or personalities complaining of the use shall not bring their cause of action as a class action.
(4) RCW 63.60.050 does not apply to the owners or employees of any medium used for advertising, including but not limited to, newspapers, magazines, radio and television stations, online service providers, billboards, and transit ads, who have published or disseminated any advertisement or solicitation in violation of this chapter, unless the advertisement or solicitation was intended to promote the medium itself.
(5) This chapter does not apply to a use or authorization of use of an individual's or personality's name that is merely descriptive and used fairly and in good faith only to identify or describe something other than the individual or personality, such as, without limitation, to describe or identify a place, a legacy, a style, a theory, an ownership interest, or a party to a transaction or to accurately describe the goods or services of a party.
(6) This chapter does not apply to the use of an individual's or personality's name, voice, signature, photograph, or likeness when the use of the individual's or personality's name, voice, signature, photograph, or likeness is an insignificant, de minimis, or incidental use.
(7) This chapter does not apply to the distribution, promotion, transfer, or license of a photograph or other material containing an individual's or personality's name, voice, signature, photograph, or likeness to a third party for use in a manner which is lawful under this chapter, or to a third party for further distribution, promotion, transfer, or license for use in a manner which is lawful under this chapter.
[ 2004 c 71 s 3; 1998 c 274 s 7.]

catchline: Exemptions from use restrictions—When chapter does not apply.


title: RCW 63.60.080

text:
Nothing contained in this chapter is intended to invalidate any community property rights.
[ 1998 c 274 s 8.]

catchline: Community property rights.


title: RCW 64.04.005

text:
(1) A provision in a written agreement for the purchase and sale of real estate which provides for liquidated damages or the forfeiture of an earnest money deposit to the seller as the seller's sole and exclusive remedy if a party fails, without legal excuse, to complete the purchase, is valid and enforceable, regardless of whether the other party incurs any actual damages. However, the amount of liquidated damages or amount of earnest money to be forfeited under this subsection may not exceed five percent of the purchase price.
(2) For purposes of this section:
(a) "Earnest money deposit" means any deposit, deposits, payment, or payments of a part of the purchase price for the property, made in the form of cash, check, promissory note, or other things of value for the purpose of binding the purchaser to the agreement and identified in the agreement as an earnest money deposit, and does not include other deposits or payments made by the purchaser; and
(b) "Liquidated damages" means an amount agreed by the parties as the amount of damages to be recovered for a breach of the agreement by the other and identified in the agreement as liquidated damages, and does not include other deposits or payments made by the purchaser.
(3) This section does not prohibit, or supersede the common law with respect to, liquidated damages or earnest money forfeiture provisions in excess of five percent of the purchase price. A liquidated damages or earnest money forfeiture provision not meeting the requirements of subsection (1) of this section shall be interpreted and enforced without regard to this statute.
[ 2005 c 186 s 1; 1991 c 210 s 1.]
Notes:
Application—2005 c 186: "This act applies to all contracts executed after April 26, 2005." [ 2005 c 186 s 2.]
Effective date—2005 c 186: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 26, 2005]." [ 2005 c 186 s 3.]
Application—1991 c 210: "The provisions of this act apply only to written agreements entered on or after July 28, 1991." [ 1991 c 210 s 2.]

catchline: Liquidated damages—Earnest money deposit—Exclusive remedy—Definition.


title: RCW 64.04.007

text:
(1) If the beneficiary or mortgagee, or its assignees, of debt secured by owner-occupied real property intends to release its deed of trust or mortgage in the real property for less than full payment of the secured debt, it shall provide upon its first written notice to the borrower the following information in substantially the following form:
"To: [Name of borrower] DATE:
Please take note that [name of beneficiary or mortgagee, or its assignees], in releasing its security interest in this owner-occupied real property, [waives or reserves] the right to collect that amount that constitutes full payment of the secured debt. The amount of debt outstanding as of the date of this letter is $. . . . . .. However, nothing in this letter precludes the borrower from negotiating with the [name of beneficiary or mortgagee, or its assignees] for a full release of this outstanding debt.
If [name of beneficiary or mortgagee, or its assignees] does not initiate a court action to collect the outstanding debt within three years on the date which it released its security interest, the right to collect the outstanding debt is forfeited."
(2) If the beneficiary or mortgagee, or its assignees, of debt secured by owner-occupied real property intends to pursue collection of the outstanding debt, it must initiate a court action to collect the remaining debt within three years from the date on which it released its deed of trust or mortgage in the owner-occupied real property or else it forfeits any right to collect the remaining debt.
(3) This section applies only to debts incurred by individuals primarily for personal, family, or household purposes. This section does not apply to debts for business, commercial, or agricultural purposes.
(4) For the purposes of this section, "owner-occupied real property" means real property consisting solely of a single-family residence, a residential condominium unit, or a residential cooperative unit that is the principal residence of the borrower.
[ 2012 c 185 s 1.]

catchline: Owner-occupied real property—Release of security interest—Outstanding debt—Notice to borrower—Definition.


title: RCW 64.04.010

text:
Every conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed: PROVIDED, That (1) leases do not require acknowledgment, witness, or seals, but to be recorded, a lease and a memorandum of lease must have the lessee's and lessor's signatures acknowledged; and (2) when real estate, or any interest therein, is held in trust, the terms and conditions of which trust are of record, and the instrument creating such trust authorizes the issuance of certificates or written evidence of any interest in said real estate under said trust, and authorizes the transfer of such certificates or evidence of interest by assignment by the holder thereof by a simple writing or by endorsement on the back of such certificate or evidence of interest or delivery thereof to the vendee, such transfer shall be valid, and all such assignments or transfers hereby authorized and heretofore made in accordance with the provisions of this section are hereby declared to be legal and valid.
[ 2024 c 27 s 2; 1929 c 33 s 1; RRS s 10550. Prior: 1888 p 50 s 1; 1886 p 177 s 1; Code 1881 s 2311; 1877 p 312 s 1; 1873 p 465 s 1; 1863 p 430 s 1; 1860 p 299 s 1; 1854 p 402 s 1.]

catchline: Conveyances and encumbrances to be by deed.


title: RCW 64.04.020

text:
Every deed shall be in writing, signed by the party bound thereby, and acknowledged by the party before some person authorized by *this act to take acknowledgments of deeds.
[ 1929 c 33 s 2; RRS s 10551. Prior: 1915 c 172 s 1; 1888 p 50 s 2; 1886 p 177 s 2; Code 1881 s 2312; 1854 p 402 s 2.]
Notes:
*Reviser's note: The language "this act" appears in 1929 c 33, which is codified in RCW 64.04.010- 64.04.050, 64.08.010- 64.08.070, 64.12.020, and 65.08.030.

catchline: Requisites of a deed.


title: RCW 64.04.030

text:
Warranty deeds for the conveyance of land may be substantially in the following form, without express covenants:
The grantor (here insert the name or names and place or residence) for and in consideration of (here insert consideration) in hand paid, conveys and warrants to (here insert the grantee's name or names) the following described real estate (here insert description), situated in the county of . . . . . ., state of Washington. Dated this . . . . day of . . . . . ., (year) . . . .
Every deed in substance in the above form, when otherwise duly executed, shall be deemed and held a conveyance in fee simple to the grantee, his or her heirs and assigns, with covenants on the part of the grantor: (1) That at the time of the making and delivery of such deed he or she was lawfully seized of an indefeasible estate in fee simple, in and to the premises therein described, and had good right and full power to convey the same; (2) that the same were then free from all encumbrances; and (3) that he or she warrants to the grantee, his or her heirs and assigns, the quiet and peaceable possession of such premises, and will defend the title thereto against all persons who may lawfully claim the same, and such covenants shall be obligatory upon any grantor, his or her heirs and personal representatives, as fully and with like effect as if written at full length in such deed.
[ 2016 c 202 s 37; 2012 c 117 s 186; 1929 c 33 s 9; RRS s 10552. Prior: 1886 p 177 s 3.]

catchline: Warranty deed—Form and effect.


title: RCW 64.04.040

text:
Bargain and sale deeds for the conveyance of land may be substantially in the following form, without express covenants:
The grantor (here insert name or names and place of residence), for and in consideration of (here insert consideration) in hand paid, bargains, sells, and conveys to (here insert the grantee's name or names) the following described real estate (here insert description) situated in the county of . . . . . ., state of Washington. Dated this . . . . day of . . . . . ., (year) . . . .
Every deed in substance in the above form when otherwise duly executed, shall convey to the grantee, his or her heirs or assigns an estate of inheritance in fee simple, and shall be adjudged an express covenant to the grantee, his or her heirs or assigns, to wit: That the grantor was seized of an indefeasible estate in fee simple, free from encumbrances, done or suffered from the grantor, except the rents and services that may be reserved, and also for quiet enjoyment against the grantor, his or her heirs and assigns, unless limited by express words contained in such deed; and the grantee, his or her heirs, executors, administrators, and assigns may recover in any action for breaches as if such covenants were expressly inserted.
[ 2016 c 202 s 38; 2012 c 117 s 187; 1929 c 33 s 10; RRS s 10553. Prior: 1886 p 178 s 4.]

catchline: Bargain and sale deed—Form and effect.