title: RCW 11.95A.030

text:
The common law and principles of equity supplement this chapter, except to the extent modified by this chapter or law of this state other than this chapter.
[ 2021 c 140 s 3104.]

catchline: Common law and principles of equity supplement.


doc_type: statute

jurisdiction: wa

title: RCW 11.95A.100

text:
(1) A power of appointment is created only if:
(a) The instrument creating the power:
(i) Is valid under applicable law; and
(ii) Except as otherwise provided in subsection (2) of this section, transfers the appointive property; and
(b) The terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.
(2) Subsection (1)(a)(ii) of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment.
(3) A power of appointment may not be created in a deceased individual.
(4) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.
[ 2021 c 140 s 3201.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Creation of power of appointment.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 11.95A.110

text:
A powerholder may not transfer a power of appointment. If a powerholder dies without exercising or releasing a power, the power lapses.
[ 2021 c 140 s 3202.]

catchline: Power not transferable.


title: RCW 11.95A.120

text:
Subject to RCW 11.95A.140 and 11.95A.350 through 11.95A.375, and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is:
(1) Presently exercisable;
(2) Exclusionary; and
(3) Except as otherwise provided in RCW 11.95A.130, general.
[ 2021 c 140 s 3203.]

catchline: Presumption of unlimited authority.


title: RCW 11.95A.130

text:
Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if:
(1) The power is exercisable only at the powerholder's death; and
(2) The permissible appointees of the power are a defined and limited class that does not include the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate.
[ 2021 c 140 s 3204.]

catchline: Presumption of unlimited authority—Exception.


title: RCW 11.95A.140

text:
(1) In this section, "adverse party" means a person with a substantial beneficial interest in property which would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.
(2) If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.
(3) If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.
[ 2021 c 140 s 3205.]

catchline: Rules of classification.


title: RCW 11.95A.150

text:
A donor may revoke or amend a power of appointment only to the extent that:
(1) The instrument creating the power is revocable by the donor; or
(2) The donor reserves a power of revocation or amendment in the instrument creating the power of appointment.
[ 2021 c 140 s 3206.]

catchline: Power to revoke or amend.


title: RCW 11.95A.200

text:
A power of appointment is exercised only:
(1) If the instrument exercising the power is valid under applicable law;
(2) If the terms of the instrument exercising the power:
(a) Manifest the powerholder's intent to exercise the power; and
(b) Subject to RCW 11.95A.230, satisfy the requirements of exercise, if any, imposed by the donor; and
(3) To the extent the appointment is a permissible exercise of the power.
[ 2021 c 140 s 3301.]

catchline: Requisites for exercise of power of appointment.


title: RCW 11.95A.210

text:
(1) In this section:
(a) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.
(b) "Will" includes a codicil and a testamentary instrument that revises another will.
(2) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:
(a) The terms of the instrument containing the residuary clause do not manifest a contrary intent;
(b) The power is a general power exercisable in favor of the powerholder's estate;
(c) There is no gift-in-default clause or the clause is ineffective; and
(d) The powerholder did not release the power.
[ 2021 c 140 s 3302.]

catchline: Intent to exercise—Determining intent from residuary clause.


title: RCW 11.95A.220

text:
Unless the terms of the instrument exercising a power of appointment manifest a contrary intent:
(1) Except as otherwise provided in subsection (2) of this section, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and
(2) If the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.
[ 2021 c 140 s 3303.]

catchline: Intent to exercise—After-acquired power.


title: RCW 11.95A.230

text:
A powerholder's substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:
(1) The powerholder knows of and intends to exercise the power; and
(2) The powerholder's manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement.
[ 2021 c 140 s 3304.]

catchline: Substantial compliance with donor-imposed formal requirement.


title: RCW 11.95A.240

text:
(1) A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.
(2) A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors.
(3) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may:
(a) Make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;
(b) Create a general power in a permissible appointee;
(c) Create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power; or
(d) Create a nongeneral power in a permissible appointee to appoint to one or more persons if the permissible appointees of the new nongeneral power include the permissible appointees of the original nongeneral power.
[ 2021 c 140 s 3305.]

catchline: Permissible appointment.


title: RCW 11.95A.250

text:
(1) Subject to RCW 11.12.110 and 11.12.120, an appointment to a deceased appointee is ineffective.
(2) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.
[ 2021 c 140 s 3306.]

catchline: Appointment to deceased appointee or permissible appointee's descendant.


title: RCW 11.95A.260

text:
(1) Except as otherwise provided in RCW 11.95A.250, an exercise of a power of appointment in favor of an impermissible appointee is ineffective.
(2) An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power.
[ 2021 c 140 s 3307.]

catchline: Impermissible appointment.


title: RCW 11.95A.270

text:
If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property must be allocated in the permissible manner that best carries out the powerholder's intent.
[ 2021 c 140 s 3308.]

catchline: Selective allocation doctrine.


title: RCW 11.95A.280

text:
To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:
(1) The gift-in-default clause controls the disposition of the ineffectively appointed property; or
(2) If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:
(a) Passes to:
(i) The powerholder if the powerholder is a permissible appointee and living; or
(ii) If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or
(b) If there is no taker under (a) of this subsection, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
[ 2021 c 140 s 3309.]

catchline: Capture doctrine—Disposition of ineffectively appointed property under general power.


title: RCW 11.95A.290

text:
To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust:
(1) The gift-in-default clause controls the disposition of the unappointed property; or
(2) If there is no gift-in-default clause or to the extent the clause is ineffective:
(a) Except as otherwise provided in (b) of this subsection, the unappointed property passes to:
(i) The powerholder if the powerholder is a permissible appointee and living; or
(ii) If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or
(b) To the extent the powerholder released the power, or if there is no taker under (a) of this subsection, the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
[ 2021 c 140 s 3310.]

catchline: Disposition of unappointed property—Released or unexercised general power.


title: RCW 11.95A.300

text:
To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:
(1) The gift-in-default clause controls the disposition of the unappointed property; or
(2) If there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property:
(a) Passes to the permissible appointees if:
(i) The permissible appointees are defined and limited; and
(ii) The terms of the instrument creating the power do not manifest a contrary intent; or
(b) If there is no taker under (a) of this subsection, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
[ 2021 c 140 s 3311.]

catchline: Disposition of unappointed property—Released or unexercised nongeneral power.


title: RCW 11.95A.310

text:
Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property.
[ 2021 c 140 s 3312.]

catchline: Disposition of unappointed property—Partial appointment to taker in default.


title: RCW 11.95A.320

text:
If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property in the same manner and with the same conditions under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee takes under the clause.
[ 2021 c 140 s 3313.]

catchline: Appointment to taker in default.


title: RCW 11.95A.330

text:
A powerholder may revoke or amend an exercise of a power of appointment only to the extent that:
(1) The powerholder reserves a power of revocation or amendment in the instrument exercising the power of appointment and, if the power is nongeneral, the terms of the instrument creating the power of appointment do not prohibit the reservation; or
(2) The terms of the instrument creating the power of appointment provide that the exercise is revocable or amendable.
[ 2021 c 140 s 3314.]

catchline: Powerholder's authority to revoke or amend exercise.


title: RCW 11.95A.340

text:
Unless the person holding property subject to a testamentary power of appointment has within six months after the holder's death received written notice that the powerholder's last will has been admitted to probate or an adjudication of testacy has been entered with respect to the powerholder's last will in some jurisdiction, the person may, until the time the notice is received, transfer the property subject to appointment on the basis that the power has not been effectively exercised.
[ 2021 c 140 s 3315.]

catchline: Notice of exercise of testamentary power.


title: RCW 11.95A.350

text:
If the standard governing the exercise of a lifetime or a testamentary power of appointment does not clearly indicate that a broader or more restrictive power of appointment is intended, the holder of the power of appointment may exercise it in his or her favor only for his or her health, education, support, or maintenance as described in section 2041 or 2514 of the Internal Revenue Code and the applicable regulations adopted under the section.
[ 1993 c 339 s 7. Formerly RCW 11.95.100.]
Notes:
Severability—1993 c 339: See note following RCW 11.98.200.

catchline: Exercise of power in favor of holder—Limitations.


title: RCW 11.95A.355

text:
If the holder of a lifetime or testamentary power of appointment may exercise the power in his or her own favor only for his or her health, education, support, or maintenance as described in section 2041 or 2514 of the Internal Revenue Code and the applicable regulations adopted under that section, then a provision of the instrument creating the power of appointment that purports to confer "absolute," "sole," "complete," "conclusive," or a similar discretion shall be disregarded in the exercise of that power in favor of the holder, and that power may then only be exercised reasonably and in accordance with the ascertainable standards set forth in RCW 11.95A.350 and this section. A person who has the right to remove or replace a trustee does not possess nor may the person be deemed to possess, by virtue of having that right, the power of the trustee who is subject to removal or to replacement.
[ 2021 c 140 s 3606; 1993 c 339 s 8. Formerly RCW 11.95.110.]
Notes:
Severability—1993 c 339: See note following RCW 11.98.200.

catchline: Exercise of power in favor of holder—Disregard of provision conferring absolute or similar power—Power of removal.


title: RCW 11.95A.360

text:
Notwithstanding any provision of RCW 11.95A.350 through 11.95A.375 seemingly to the contrary, RCW 11.95A.350 through 11.95A.375 do not limit or restrict the distribution of income of a trust that qualifies or that otherwise could have qualified for the marital deduction under section 2056 or 2523 of the Internal Revenue Code, those Internal Revenue Code sections requiring that all income be distributed to the spouse of the decedent or of the trustor at least annually, whether or not an election was in fact made under section 2056(b)(7) or 2523(f) of the Internal Revenue Code. Further, RCW 11.95A.350 through 11.95A.375 do not limit or restrict the power of a spouse of the trustor or the spouse of the decedent to exercise a power of appointment described in section 2056(b)(5) or 2523(e) of the Internal Revenue Code with respect to that portion of the trust that could otherwise qualify for the marital deduction under either of those Internal Revenue Code sections.
[ 2021 c 140 s 3607; 1993 c 339 s 9. Formerly RCW 11.95.120.]
Notes:
Severability—1993 c 339: See note following RCW 11.98.200.

catchline: Exercise of power in favor of holder—Income under marital deduction—Spousal power of appointment.


title: RCW 11.95A.365

text:
RCW 11.95A.350 through 11.95A.375 do not raise an inference that the law of this state prior to July 25, 1993, was different than contained in RCW 11.95A.350 through 11.95A.375.
[ 2021 c 140 s 3608; 1993 c 339 s 10. Formerly RCW 11.95.130.]
Notes:
Severability—1993 c 339: See note following RCW 11.98.200.

catchline: Exercise of power in favor of holder—Inference of law.


title: RCW 11.95A.370

text:
(1)(a) RCW 11.95A.350 and 11.95A.355 respectively apply to a power of appointment created:
(i) Under a will, codicil, trust agreement, or declaration of trust, deed, power of attorney, or other instrument executed after July 25, 1993, unless the terms of the instrument refer specifically to RCW 11.95A.350 or 11.95A.355 respectively and provide expressly to the contrary; or
(ii) Under a testamentary trust, trust agreement, or declaration of trust executed before July 25, 1993, unless:
(A) The trust is revoked, or amended to provide otherwise, and the terms of any amendment specifically refer to RCW 11.95A.350 or 11.95A.355, respectively, and provide expressly to the contrary;
(B) All parties in interest, as defined in RCW 11.98.240(3), elect affirmatively, in the manner prescribed in RCW 11.98.240(4), not to be subject to the application of this subsection. The election must be made by the later of September 1, 2000, or three years after the date on which the trust becomes irrevocable; or
(C) A person entitled to judicial proceedings for a declaration of rights or legal relations under RCW 11.96A.080 obtains a judicial determination that the application of this subsection (1)(a)(ii) to the trust is inconsistent with the provisions or purposes of the will or trust.
(b) Notwithstanding (a) of this subsection, for the purposes of this section a codicil to a will, an amendment to a trust, or an amendment to another instrument that created the power of appointment in question shall not be deemed to cause that instrument to be executed after July 25, 1993, unless the codicil or amendment clearly shows an intent to have RCW 11.95A.350 or 11.95A.355 apply.
(2) Notwithstanding subsection (1) of this section, RCW 11.95A.350 through 11.95A.375 shall apply to a power of appointment created under a will, codicil, trust agreement, or declaration of trust, deed, power of attorney, or other instrument executed prior to July 25, 1993, if the person who created the power of appointment had on July 25, 1993, the power to revoke, amend, or modify the instrument creating the power of appointment, unless:
(a) The terms of the instrument specifically refer to RCW 11.95A.350 or 11.95A.355 respectively and provide expressly to the contrary; or
(b) The person creating the power of appointment was not competent, on July 25, 1993, to revoke, amend, or modify the instrument creating the power of appointment and did not regain his or her competence to revoke, amend, or modify the instrument creating the power of appointment on or before his or her death or before the time at which the instrument could no longer be revoked, amended, or modified by the person.
(3) For purposes of this section, a reference in an instrument to:
(a) RCW 11.95.100 is a reference to RCW 11.95A.350; and
(b) RCW 11.95.110 is a reference to RCW 11.95A.355.
[ 2021 c 140 s 3609; 1999 c 42 s 617; 1997 c 252 s 74; 1993 c 339 s 11. Formerly RCW 11.95.140.]
Notes:
Effective date—1999 c 42: See RCW 11.96A.902.
Severability—1993 c 339: See note following RCW 11.98.200.

catchline: Exercise of power in favor of holder—Applicability.


title: RCW 11.95A.375

text:
RCW 11.95A.350 through 11.95A.370 neither create a new cause of action nor impair an existing cause of action that, in either case, relates to a power that was exercised before July 25, 1993. RCW 11.95A.350 through 11.95A.370 neither create a new cause of action nor impair an existing cause of action that in either case relates to a power proscribed, limited, or qualified under RCW 11.95A.350 through 11.95A.370.
[ 2021 c 140 s 3610; 1993 c 339 s 12. Formerly RCW 11.95.150.]
Notes:
Severability—1993 c 339: See note following RCW 11.98.200.

catchline: Exercise of power in favor of holder—Cause of action.


title: RCW 11.95A.400

text:
As provided by chapter 11.86 RCW:
(1) A powerholder may disclaim all or part of a power of appointment.
(2) A permissible appointee, appointee, or taker in default of appointment may disclaim all or part of an interest in appointive property.
[ 2021 c 140 s 3401.]

catchline: Disclaimer.


title: RCW 11.95A.410

text:
A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.
[ 2021 c 140 s 3402.]

catchline: Authority to release.


title: RCW 11.95A.420

text:
A powerholder of a releasable power of appointment may release the power in whole or in part:
(1) By substantial compliance with a method provided in the terms of the instrument creating the power; or
(2) If the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by a record manifesting the powerholder's intent by clear and convincing evidence.
[ 2021 c 140 s 3403.]

catchline: Method of release.


title: RCW 11.95A.430

text:
A powerholder may revoke or amend a release of a power of appointment only to the extent that:
(1) The instrument of release is revocable by the powerholder; or
(2) The powerholder reserves a power of revocation or amendment in the instrument of release.
[ 2021 c 140 s 3404.]

catchline: Revocation or amendment of release.


title: RCW 11.95A.440

text:
A powerholder of a presently exercisable power of appointment may contract:
(1) Not to exercise the power; or
(2) To exercise the power if the contract when made does not confer a benefit on an impermissible appointee.
[ 2021 c 140 s 3405.]

catchline: Power to contract—Presently exercisable power of appointment.


title: RCW 11.95A.450

text:
A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:
(1) Is also the donor of the power; and
(2) Has reserved the power in a revocable trust.
[ 2021 c 140 s 3406.]

catchline: Power to contract—Power of appointment not presently exercisable.


title: RCW 11.95A.460

text:
The remedy for a powerholder's breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.
[ 2021 c 140 s 3407.]

catchline: Remedy for breach of contract to appoint or not to appoint.


title: RCW 11.95A.500

text:
(1) In this section, "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer.
(2) Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in chapter 19.40 RCW.
(3) Subject to subsection (2) of this section, appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate.
(4) Subject to subsections (2) and (3) of this section, and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of:
(a) The powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and
(b) The powerholder's estate, to the extent the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder's death.
[ 2021 c 140 s 3501.]

catchline: Creditor claims—General power created by powerholder.


title: RCW 11.95A.510

text:
(1) Except as otherwise provided in subsection (2) of this section, appointive property subject to a general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of:
(a) The powerholder, to the extent the powerholder's property is insufficient, if the power is presently exercisable; and
(b) The powerholder's estate, to the extent the estate is insufficient, subject to the right of a decedent to direct the source from which liabilities are paid.
(2) Subject to RCW 11.95A.530(3), a power of appointment created by a person other than the powerholder which is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of 26 U.S.C. Sec. 2041(b)(1)(A) or 26 U.S.C. Sec. 2514(c)(1), on January 1, 2022, is treated for purposes of RCW 11.95A.500 through 11.95A.530 as a nongeneral power.
[ 2021 c 140 s 3502.]

catchline: Creditor claims—General power not created by powerholder.


title: RCW 11.95A.520

text:
(1) For purposes of RCW 11.95A.500 through 11.95A.530, and except as otherwise provided in subsection (2) of this section, a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw.
(2) On the lapse, release, or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in 26 U.S.C. Sec. 2041(b)(2) and 26 U.S.C. Sec. 2514(e) or the amount specified in 26 U.S.C. Sec. 2503(b), on January 1, 2022.
[ 2021 c 140 s 3503.]

catchline: Power to withdraw.


title: RCW 11.95A.530

text:
(1) Except as otherwise provided in subsections (2) and (3) of this section, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate.
(2) Appointive property subject to a nongeneral power of appointment is subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent that the powerholder owned the property and, reserving the nongeneral power, transferred the property in violation of chapter 19.40 RCW.
(3) If the initial gift in default of appointment is to the powerholder or the powerholder's estate, a nongeneral power of appointment is treated for purposes of this section and RCW 11.95A.500 through 11.95A.520 as a general power.
[ 2021 c 140 s 3504.]

catchline: Creditor claims—Nongeneral power.


title: RCW 11.95A.900

text:
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2021 c 140 s 3601.]

catchline: Uniformity of application and construction.


title: RCW 11.95A.901

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).
[ 2021 c 140 s 3602.]

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


title: RCW 11.95A.902

text:
(1) Except as otherwise provided in this chapter, on and after January 1, 2022:
(a) This chapter applies to a power of appointment created before, on, or after January 1, 2022;
(b) This chapter applies to a judicial proceeding concerning a power of appointment commenced on or after January 1, 2022;
(c) This chapter applies to a judicial proceeding concerning a power of appointment commenced before January 1, 2022, unless the court finds that application of a particular provision of this chapter would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of this chapter does not apply and the superseded law applies;
(d) A rule of construction or presumption provided in this chapter applies to an instrument executed before January 1, 2022, unless there is a clear indication of a contrary intent in the terms of the instrument; and
(e) Except as otherwise provided in (a) through (d) of this subsection, an action done before January 1, 2022, is not affected by this chapter.
(2) If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of this state other than this chapter before January 1, 2022, the law continues to apply to the right.
[ 2021 c 140 s 3603.]

catchline: Application—Existing relationships.


title: RCW 11.95A.903

text:
Sections 3101 through 3614 of this act take effect January 1, 2022.
[ 2021 c 140 s 3616.]

catchline: Effective date—2021 c 140 ss 3101-3614.


title: RCW 11.96A.010

text:
The overall purpose of this chapter is to set forth generally applicable statutory provisions for the resolution of disputes and other matters involving trusts and estates in a single chapter under Title 11 RCW. The provisions are intended to provide nonjudicial methods for the resolution of matters, such as mediation, arbitration, and agreement. The [This] chapter also provides for judicial resolution of disputes if other methods are unsuccessful.
[ 1999 c 42 s 102.]

catchline: Purpose.


title: RCW 11.96A.020

text:
(1) It is the intent of the legislature that the courts shall have full and ample power and authority under this title to administer and settle:
(a) All matters concerning the estates and assets of incapacitated, missing, and deceased persons, including matters involving nonprobate assets and powers of attorney, in accordance with this title; and
(b) All trusts and trust matters.
(2) If this title should in any case or under any circumstance be inapplicable, insufficient, or doubtful with reference to the administration and settlement of the matters listed in subsection (1) of this section, the court nevertheless has full power and authority to proceed with such administration and settlement in any manner and way that to the court seems right and proper, all to the end that the matters be expeditiously administered and settled by the court.
[ 1999 c 42 s 103.]

catchline: General power of courts—Intent—Plenary power of the court.


title: RCW 11.96A.030

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Citation" or "cite" and other similar terms, when required of a person interested in the estate or trust or a party to a petition, means to give notice as required under RCW 11.96A.100. "Citation" or "cite" and other similar terms, when required of the court, means to order, as authorized under RCW 11.96A.020 and 11.96A.060, and as authorized by law.
(2) "Matter" includes any issue, question, or dispute involving:
(a) The determination of any class of creditors, devisees, legatees, heirs, next of kin, or other persons interested in an estate, trust, nonprobate asset, or with respect to any other asset or property interest passing at death;
(b) The direction of a personal representative or trustee to do or to abstain from doing any act in a fiduciary capacity;
(c) The determination of any question arising in the administration of an estate or trust, or with respect to any nonprobate asset, or with respect to any other asset or property interest passing at death, that may include, without limitation, questions relating to: (i) The construction of wills, trusts, community property agreements, and other writings; (ii) a change of personal representative or trustee; (iii) a change of the situs of a trust; (iv) an accounting from a personal representative or trustee; (v) the determination of fees for a personal representative or trustee; or (vi) the powers and duties of a statutory trust director or directed trustee of a directed trust under chapter 11.98B RCW;
(d) The grant to a personal representative or trustee of any necessary or desirable power not otherwise granted in the governing instrument or given by law;
(e) An action or proceeding under chapter 11.84 RCW;
(f) The amendment, reformation, or conformation of a will or a trust instrument to comply with statutes and regulations of the United States internal revenue service in order to achieve qualification for deductions, elections, and other tax requirements, including the qualification of any gift thereunder for the benefit of a surviving spouse who is not a citizen of the United States for the estate tax marital deduction permitted by federal law, including the addition of mandatory governing instrument requirements for a qualified domestic trust under section 2056A of the internal revenue code, the qualification of any gift thereunder as a qualified conservation easement as permitted by federal law, or the qualification of any gift for the charitable estate tax deduction permitted by federal law, including the addition of mandatory governing instrument requirements for a charitable remainder trust;
(g) With respect to any nonprobate asset, or with respect to any other asset or property interest passing at death, including joint tenancy property, property subject to a community property agreement, or assets subject to a pay on death or transfer on death designation:
(i) The ascertaining of any class of creditors or others for purposes of chapter 11.18 or 11.42 RCW;
(ii) The ordering of a qualified person, the notice agent, or resident agent, as those terms are defined in chapter 11.42 RCW, or any combination of them, to do or abstain from doing any particular act with respect to a nonprobate asset;
(iii) The ordering of a custodian of any of the decedent's records relating to a nonprobate asset to do or abstain from doing any particular act with respect to those records;
(iv) The determination of any question arising in the administration under chapter 11.18 or 11.42 RCW of a nonprobate asset;
(v) The determination of any questions relating to the abatement, rights of creditors, or other matter relating to the administration, settlement, or final disposition of a nonprobate asset under this title;
(vi) The resolution of any matter referencing this chapter, including a determination of any questions relating to the ownership or distribution of an individual retirement account on the death of the spouse of the account holder as contemplated by RCW 6.15.020(6);
(vii) The resolution of any other matter that could affect the nonprobate asset;
(h) With respect to any custodianship under a uniform transfers to minors act, the determination of any issues subject to court determination under chapter 11.114 RCW; and
(i) The reformation of a will or trust to correct a mistake under RCW 11.96A.125.
(3) "Nonprobate assets" has the meaning given in RCW 11.02.005.
(4) "Notice agent" has the meanings given in RCW 11.42.010.
(5) "Party" or "parties" means any person who has a legal or equitable interest in, or who holds a power or a claim with respect to, the subject of a matter. Each of the terms "party" or "parties" must be construed liberally in its context to fulfill the purposes of the procedural rules contained in this chapter as supplemented by the court rules and to promote justice, without creating new substantive rights that do not otherwise exist under the laws of this state or principles of equity, and may include without limitation the following:
(a) With respect to any property held subject to a revocable trust:
(i) Each trustee of the property subject to the trust; and
(ii) Each trustor who transferred the property;
(b) With respect to any property held subject to an irrevocable trust:
(i) Each trustee of the trust holding the property;
(ii) Each qualified beneficiary, as defined in RCW 11.98.002, of the property subject to the trust and any other beneficiary whose interest is protected under the constitutional principles of due process; and
(iii) Each holder of a power relating to the property;
(c) With respect to any testate property:
(i) Each personal representative appointed to execute the will governing that property;
(ii) Each devisee or legatee of that testate property;
(iii) Each holder of a power relating to the testate property following the testator's death; and
(iv) Each creditor whose claim has been established by allowance or judgment;
(d) With respect to any intestate property:
(i) Each personal representative appointed to administer that property;
(ii) Each heir of the decedent who owned that property;
(iii) Each holder of a power relating to the intestate property following the owner's death; and
(iv) Each creditor whose claim has been established by allowance or judgment;
(e) With respect to any nonprobate asset, or with respect to any other asset or property interest passing at death, including joint tenancy property, property subject to a community property agreement, or assets subject to a pay on death or transfer on death designation:
(i) Each custodian of the property;
(ii) Each transferee and beneficiary of the property; and
(iii) Each qualified person, the notice agent, or resident agent, as those terms are defined in chapter 11.42 RCW;
(f) With respect to any custodial property subject to a uniform transfers to minors act:
(i) Each custodian of the custodial property;
(ii) The minor, as defined in RCW 11.114.010, for whose benefit the custodian holds the custodial property; and
(iii) Each other person who holds a power under chapter 11.114 RCW to act on behalf of the minor;
(g) With respect to any community property, each spouse;
(h) With respect to a matter relating to the powers and duties of a trust director or a directed trustee, or both:
(i) Each trust director with an interest in the matter;
(ii) Each directed trustee;
(iii) Each beneficiary, holder of a power, or other person whose interest or power is affected by the matter and is protected under the constitutional principles of due process;
(i) Each creditor whose claim has been allowed but has not been paid;
(j) The attorney general to the extent that the attorney general is a necessary and proper party under RCW 11.110.120 and corresponding common law;
(k) Each person who claims a legal right, title, or interest in property being subjected to probate or trust administration, nonprobate assets, other property passing at death, or custodial property, including without limitation the resolution of rights and duties under RCW 11.18.200 and questions relating to legal ownership or abatement; and
(l) When necessary, a party's representative or representatives, which may include without limitation guardians; custodians; guardians ad litem; special representatives; virtual representatives; attorneys in fact; fiduciaries; and notice agents, resident agents, and qualified persons, as those terms are defined in chapter 11.42 RCW.
(6) "Persons interested in the estate, trust, nonprobate asset, other property passing at death, or custodial property" means all persons legally or beneficially interested in the estate, trust, nonprobate asset, other property passing at death, or custodial property; all persons holding powers with respect to the trust, estate, nonprobate asset, other property passing at death, or custodial property; the attorney general in the case of any charitable trust where the attorney general would be a necessary party to judicial proceedings concerning the trust; all fiduciaries of the estate, trust, nonprobate asset, or other property passing at death; and all custodians of custodial property.
(7) "Trustee" means any acting and qualified trustee of the trust.
(8) "Virtual representative" and other similar terms refer to a person who virtually represents another under RCW 11.96A.120 or other applicable law.
[ 2021 c 140 s 4018; 2015 c 115 s 1. Prior: 2011 c 327 s 5; 2009 c 525 s 20; 2008 c 6 s 927; 2006 c 360 s 10; 2002 c 66 s 2; 1999 c 42 s 104.]
Notes:
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Clarification of laws—Enforceability of act—Severability—2006 c 360: See notes following RCW 11.108.070.

catchline: Definitions.


title: RCW 11.96A.040

text:
(1) The superior court of every county has original subject matter jurisdiction over the probate of wills and the administration of estates of incapacitated, missing, and deceased individuals in all instances, including without limitation:
(a) When a resident of the state dies;
(b) When a nonresident of the state dies in the state; or
(c) When a nonresident of the state dies outside the state.
(2) The superior court of every county has original subject matter jurisdiction over trusts and all matters relating to trusts.
(3) The superior courts may: Probate or refuse to probate wills, appoint personal representatives, administer and settle the affairs and the estates of incapacitated, missing, or deceased individuals including but not limited to decedents' nonprobate assets; administer and settle matters that relate to nonprobate assets and arise under chapter 11.18 or 11.42 RCW; administer and settle all matters relating to trusts; administer and settle matters that relate to powers of attorney; award processes and cause to come before them all persons whom the courts deem it necessary to examine; order and cause to be issued all such writs and any other orders as are proper or necessary; and do all other things proper or incident to the exercise of jurisdiction under this section.
(4) The subject matter jurisdiction of the superior court applies without regard to venue. A proceeding or action by or before a superior court is not defective or invalid because of the selected venue if the court has jurisdiction of the subject matter of the action.
[ 2001 c 203 s 9; 1999 c 42 s 201.]

catchline: Original jurisdiction in probate and trust matters—Powers of court.


title: RCW 11.96A.050

text:
(1) Venue for proceedings pertaining to trusts is:
(a) For testamentary trusts established under wills probated in the state of Washington, in the superior court of the county where the probate of the will is being administered or was completed or, in the alternative, the superior court of the county where any qualified beneficiary of the trust as defined in RCW 11.98.002 resides, the county where any trustee resides or has a place of business, or the county where any real property that is an asset of the trust is located; and
(b) For all other trusts, in the superior court of the county where any qualified beneficiary of the trust as defined in RCW 11.98.002 resides, the county where any trustee resides or has a place of business, or the county where any real property that is an asset of the trust is located. If no county has venue for proceedings pertaining to a trust under the preceding sentence, then in any county.
(2) A party to a proceeding pertaining to a trust may request that venue be changed. If the request is made within four months of the giving of the first notice of a proceeding pertaining to the trust, except for good cause shown, venue must be moved to the county with the strongest connection to the trust as determined by the court, considering such factors as the residence of a qualified beneficiary of the trust as defined in RCW 11.98.002, the residence or place of business of a trustee, and the location of any real property that is an asset of the trust.
(3) Venue for proceedings subject to chapter 11.130 RCW must be determined under the provisions of that chapter.
(4) Venue for proceedings pertaining to the probate of wills, the administration and disposition of a decedent's property, including nonprobate assets, and any other matter not identified in subsection (1), (2), or (3) of this section, is in any county in the state of Washington that the petitioner selects, unless the petitioner seeks appointment to administer the estate under RCW 11.28.120(3). If the petitioner seeks appointment under RCW 11.28.120(3), venue must be the county in the state of Washington where the decedent resided at the time of death, or, if the decedent was not a resident of the state of Washington at the time of death, a county in which any part of the probate estate might be. A party to a proceeding may request that venue be changed if the request is made within four months of the mailing of the notice of appointment and pendency of probate required by RCW 11.28.237, and except for good cause shown, venue must be moved as follows:
(a) If the decedent was a resident of the state of Washington at the time of death, to the county of the decedent's residence; or
(b) If the decedent was not a resident of the state of Washington at the time of death, to any of the following:
(i) Any county in which any part of the probate estate might be;
(ii) If there are no probate assets, any county where any nonprobate asset might be; or
(iii) The county in which the decedent died.
(5) Once letters testamentary or of administration have been granted in the state of Washington, all orders, settlements, trials, and other proceedings under this title must be had or made in the county in which such letters have been granted unless venue is moved as provided in subsection (4) of this section.
(6) Venue for proceedings pertaining to powers of attorney must be in the superior court of the county of the principal's residence, except for good cause shown.
(7) If venue is moved, an action taken before venue is changed is not invalid because of the venue.
(8) Any request to change venue that is made more than four months after the commencement of the action may be granted in the discretion of the court.
[ 2026 c 204 s 12; 2020 c 312 s 713; 2013 c 272 s 3; 2011 c 327 s 6; 2001 c 203 s 10; 1999 c 42 s 202.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Application—2013 c 272: See note following RCW 11.98.002.
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.

catchline: Venue in proceedings involving probate or trust matters.


title: RCW 11.96A.060

text:
The court may make, issue, and cause to be filed or served, any and all manner and kinds of orders, judgments, citations, notices, summons, and other writs and processes that might be considered proper or necessary in the exercise of the jurisdiction or powers given or intended to be given by this title.
[ 1999 c 42 s 203.]

catchline: Exercise of powers—Orders, writs, process, etc.


title: RCW 11.96A.070

text:
(1)(a) A beneficiary of an express trust may not commence a proceeding against a trustee for breach of trust more than three years after the date a report was delivered in the manner provided in RCW 11.96A.110 to the beneficiary or to a representative of the beneficiary if the report adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.
(b) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows or should have known of the potential claim. A report that includes all of the items described in this subsection [(1)](b) that are relevant for the reporting period is presumed to have provided such sufficient information regarding the existence of potential claims for breach of trust for such period:
(i) A statement of receipts and disbursements of principal and income that have occurred during the accounting period;
(ii) A statement of the assets and liabilities of the trust and their values at the beginning and end of the period;
(iii) The trustee's compensation for the period;
(iv) The agents hired by the trustee, their relationship to the trustee, if any, and their compensation, for the period;
(v) Disclosure of any pledge, mortgage, option, or lease of trust property, or other agreement affecting trust property binding for a period of five years or more that was granted or entered into during the accounting period;
(vi) Disclosure of all transactions during the period that are equivalent to one of the types of transactions described in RCW 11.98.078 or otherwise could have been affected by a conflict between the trustee's fiduciary and personal interests;
(vii) A statement that the recipient of the account information may petition the superior court pursuant to chapter 11.106 RCW to obtain review of the statement and of acts of the trustee disclosed in the statement; and
(viii) A statement that claims against the trustee for breach of trust may not be made after the expiration of three years from the date the trustee delivers the report in the manner provided in RCW 11.96A.110.
(c) If (a) of this subsection does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within three years after the first to occur of:
(i) The removal, resignation, or death of the trustee;
(ii) The termination of the beneficiary's interest in the trust; or
(iii) The termination of the trust.
(d) For purposes of this section, "express trust" does not include resulting trusts, constructive trusts, business trusts in which certificates of beneficial interest are issued to the beneficiary, investment trusts, voting trusts, trusts in the nature of mortgages or pledges, liquidation trusts, or trusts for the sole purpose of paying dividends, interest, interest coupons, salaries, wages, pensions, or profits, trusts created in deposits in any financial institution under *chapter 30.22 RCW, unless any such trust that is created in writing specifically incorporates this chapter in whole or in part.
(2) Except as provided in RCW 11.96A.250 with respect to special representatives, an action against a personal representative for alleged breach of fiduciary duty by an heir, legatee, or other interested party must be brought before discharge of the personal representative.
(3) The legislature hereby confirms the long-standing public policy of promoting the prompt and efficient resolution of matters involving trusts and estates. To further implement this policy, the legislature adopts the following statutory provisions in order to:
(a) Encourage and facilitate the participation of qualified individuals as special representatives;
(b) Serve the public's interest in having a prompt and efficient resolution of matters involving trusts or estates; and
(c) Promote complete and final resolution of proceedings involving trusts and estates.
(i) Actions against a special representative must be brought before the earlier of:
(A) Three years from the discharge of the special representative as provided in RCW 11.96A.250; or
(B) The entry of an order by a court of competent jurisdiction under RCW 11.96A.240 approving the written agreement executed by all interested parties in accord with the provisions of RCW 11.96A.220.
(ii) If a legal action is commenced against the special representative after the expiration of the period during which claims may be brought against the special representative as provided in (c)(i) of this subsection, alleging property damage, property loss, or other civil liability caused by or resulting from an alleged act or omission of the special representative arising out of or by reason of the special representative's duties or actions as special representative, the special representative must be indemnified: (A) From the assets held in the trust or comprising the estate involved in the dispute; and (B) by the persons bringing the legal action, for all expenses, attorneys' fees, judgments, settlements, decrees, or amounts due and owing or paid in satisfaction of or incurred in the defense of the legal action. To the extent possible, indemnification must be made first by the persons bringing the legal action, second from that portion of the trust or estate that is held for the benefit of, or has been distributed or applied to, the persons bringing the legal action, and third from the other assets held in the trust or comprising the estate involved in the dispute.
(4) The tolling provisions of RCW 4.16.190 apply to this chapter except that the running of a statute of limitations under subsection (1) or (2) of this section, or any other applicable statute of limitations for any matter that is the subject of dispute under this chapter, is not tolled as to an individual who had a guardian ad litem, limited or general guardian of the estate, or a special representative to represent the person during the probate or dispute resolution proceeding.
[ 2013 c 272 s 4; 2011 c 327 s 7; 1999 c 42 s 204.]
Notes:
*Reviser's note: Chapter 30.22 RCW was recodified as chapter 30A.22 RCW pursuant to 2014 c 37 s 4, effective January 5, 2015.
Application—2013 c 272: See note following RCW 11.98.002.
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.

catchline: Statutes of limitation.


title: RCW 11.96A.080

text:
(1) Subject to the provisions of RCW 11.96A.260 through 11.96A.320, any party may have a judicial proceeding for the declaration of rights or legal relations with respect to any matter, as defined by RCW 11.96A.030; the resolution of any other case or controversy that arises under the Revised Code of Washington and references judicial proceedings under this title; or the determination of the persons entitled to notice under RCW 11.96A.110 or 11.96A.120.
(2) The provisions of this chapter apply to disputes arising in connection with estates of individuals subject to conservatorship under RCW 11.130.360 unless otherwise covered by chapter 11.130 RCW. The provisions of this chapter shall not supersede, but shall supplement, any otherwise applicable provisions and procedures contained in this title, including without limitation those contained in chapter 11.20, 11.24, 11.28, 11.40, 11.42, or 11.56 RCW. The provisions of this chapter shall not apply to actions for wrongful death under chapter 4.20 RCW.
[ 2020 c 312 s 714; 1999 c 42 s 301.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Persons entitled to judicial proceedings for declaration of rights or legal relations.


title: RCW 11.96A.090

text:
(1) A judicial proceeding under this title is a special proceeding under the civil rules of court. The provisions of this title governing such actions control over any inconsistent provision of the civil rules.
(2) A judicial proceeding under this title must be commenced as a new action.
(3) Once commenced, the action may be consolidated with an existing proceeding upon the motion of a party for good cause shown, or by the court on its own motion.
(4) The procedural rules of court apply to judicial proceedings under this title only to the extent that they are consistent with this title, unless otherwise provided by statute or ordered by the court under RCW 11.96A.020 or 11.96A.050, or other applicable rules of court.
[ 2013 c 246 s 2; 1999 c 42 s 302.]

catchline: Judicial proceedings.


title: RCW 11.96A.100

text:
Unless rules of court require or this title provides otherwise, or unless a court orders otherwise:
(1) A judicial proceeding under RCW 11.96A.090 is to be commenced by filing a petition with the court;
(2) A summons must be served in accordance with this chapter and, where not inconsistent with these rules, the procedural rules of court, however, if the proceeding is commenced as an action incidental to an existing judicial proceeding relating to the same trust or estate or nonprobate asset, notice must be provided by summons only with respect to those parties who were not already parties to the existing judicial proceedings;
(3) The summons need only contain the following language or substantially similar language:
SUPERIOR COURT OF WASHINGTON
FOR (. . .) COUNTY
IN RE . . . . . .
)
)
No. . . .
)
Summons
)
TO THE RESPONDENT OR OTHER INTERESTED PARTY: A petition has been filed in the superior court of Washington for (. . .) County. Petitioner's claim is stated in the petition, a copy of which is served upon you with this summons.
In order to defend against or to object to the petition, you must answer the petition by stating your defense or objections in writing, and by serving your answer upon the person signing this summons not later than five days before the date of the hearing on the petition. Your failure to answer within this time limit might result in a default judgment being entered against you without further notice. A default judgment grants the petitioner all that the petitioner seeks under the petition because you have not filed an answer.
If you wish to seek the advice of a lawyer, you should do so promptly so that your written answer, if any, may be served on time.
This summons is issued under RCW 11.96A.100(3).
(Signed) . . . . . . . . . . . .
Print or Type Name
Dated: . . . . . .
Telephone Number: . . . . . .
(4) Subject to other applicable statutes and court rules, the clerk of each of the superior courts shall fix the time for any hearing on a matter on application by a party, and no order of the court shall be required to fix the time or to approve the form or content of the notice of a hearing;
(5) The answer to the petition and any counterclaims or cross-claims must be served on the parties or the parties' virtual representatives and filed with the court at least five days before the date of the hearing, and all replies to the counterclaims and cross-claims must be served on the parties or the parties' virtual representatives and filed with the court at least two days before the date of the hearing;
(6) Proceedings under this chapter are subject to the mediation and arbitration provisions of this chapter. Except as specifically provided in RCW 11.96A.310, the provisions of chapter 7.06 RCW do not apply;
(7) Testimony of witnesses may be by affidavit;
(8) Unless requested otherwise by a party in a petition or answer, the initial hearing must be a hearing on the merits to resolve all issues of fact and all issues of law;
(9) Any party may move the court for an order relating to a procedural matter, including discovery, and for summary judgment, in the original petition, answer, response, or reply, or in a separate motion, or at any other time; and
(10) If the initial hearing is not a hearing on the merits or does not result in a resolution of all issues of fact and all issues of law, the court may enter any order it deems appropriate, which order may (a) resolve such issues as it deems proper, (b) determine the scope of discovery, and (c) set a schedule for further proceedings for the prompt resolution of the matter.
[ 2001 c 14 s 1; 1999 c 42 s 303.]

catchline: Procedural rules.


title: RCW 11.96A.110

text:
(1) Subject to RCW 11.96A.160, in all judicial proceedings under this title that require notice, the notice must be personally served on or mailed to all parties or the parties' legal or virtual representatives and to any other persons to whom notice may be required under applicable law at least twenty days before the hearing on the petition unless a different period is provided by statute or ordered by the court. The date of service shall be determined under the rules of civil procedure. Notwithstanding the foregoing, notice that is provided in an electronic transmission and electronically transmitted complies with this section if the party receiving notice has previously consented in a record delivered to the party giving notice to receiving notice by electronic transmission. Consent to receive notice by electronic transmission may be revoked at any time by a record delivered to the party giving notice. Consent is deemed revoked if the party giving notice is unable to electronically transmit two consecutive notices given in accordance with the consent.
(2) Proof of the service, mailing, or electronic delivery required in this section must be made by affidavit or declaration filed at or before the hearing.
(3) For the purposes of this title, the terms "electronic transmission" and "electronically transmitted" have the same meaning as set forth in RCW 23B.01.400.
[ 2021 c 140 s 4019; 2011 c 327 s 8; 1999 c 42 s 304.]
Notes:
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.

catchline: Notice in judicial proceedings under this title requiring notice.


title: RCW 11.96A.115

text:
In all matters governed by this title, discovery shall be permitted only in the following matters:
(1) A judicial proceeding that places one or more specific issues in controversy that has been commenced under RCW 11.96A.100, in which case discovery shall be conducted in accordance with the superior court civil rules and applicable local rules; or
(2) A matter in which the court orders that discovery be permitted on a showing of good cause, in which case discovery shall be conducted in accordance with the superior court civil rules and applicable local rules unless otherwise limited by the order of the court.
[ 2006 c 360 s 11.]
Notes:
Clarification of laws—Enforceability of act—Severability—2006 c 360: See notes following RCW 11.108.070.

catchline: Discovery.


title: RCW 11.96A.120

text:
(1) Notice to a person who may represent and bind another person under this section has the same effect as if notice were given directly to the other person.
(2) The consent of a person who may represent and bind another person under this section is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.
(3) The following limitations on the ability to serve as a virtual representative apply:
(a) A trustor may not represent and bind a beneficiary under this section with respect to the termination and modification of an irrevocable trust; and
(b) Representation of an incapacitated trustor with respect to his or her powers over a trust is subject to the provisions of RCW 11.103.030, and chapters 11.96A and 11.130 RCW.
(4) To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to the particular question or dispute:
(a) A guardian may represent and bind the estate that the guardian controls, subject to chapters 11.96A and 11.130 RCW;
(b) A guardian of the person may represent and bind the incapacitated person if a guardian of the incapacitated person's estate has not been appointed;
(c) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
(d) A trustee may represent and bind the beneficiaries of the trust;
(e) A personal representative of a decedent's estate may represent and bind persons interested in the estate; and
(f) A parent may represent and bind the parent's minor or unborn child or children if a guardian for the child or children has not been appointed.
(5) Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented with regard to the particular question or dispute.
(6) Where an interest has been given to persons who comprise a certain class upon the happening of a certain event, the living persons who would constitute the class as of the date the representation is to be determined may virtually represent all other members of the class as of that date, but only to the extent that there is no conflict of interest between the representative and the person(s) represented with regard to the particular question or dispute.
(7) Where an interest has been given to a living person, and the same interest, or a share in it, is to pass to the surviving spouse or surviving domestic partner or to persons who are, or might be, the heirs, issue, or other kindred of that living person or the distributees of the estate of that living person upon the happening of a future event, that living person may virtually represent the surviving spouse or surviving domestic partner, heirs, issue, or other kindred of the person, and the distributees of the estate of the person, but only to the extent that there is no conflict of interest between the representative and the person(s) represented with regard to the particular question or dispute.
(8) Except as otherwise provided in subsection (7) of this section, where an interest has been given to a person or a class of persons, or both, upon the happening of any future event, and the same interest or a share of the interest is to pass to another person or class of persons, or both, upon the happening of an additional future event, the living person or persons who would take the interest upon the happening of the first event may virtually represent the persons and classes of persons who might take on the happening of the additional future event, but only to the extent that there is no conflict of interest between the representative and the person(s) represented with regard to the particular question or dispute.
(9) To the extent there is no conflict of interest between the holder of the power of appointment and the persons represented with respect to the particular question or dispute, the holder of a lifetime or testamentary power of appointment may virtually represent and bind persons who are permissible appointees or takers in default (but only to the extent that they are permissible appointees in the case of a limited power of appointment) under the power, and who are not permissible distributees as defined in RCW 11.98.002.
(10) The attorney general may virtually represent and bind a charitable organization if:
(a) The charitable organization is not a qualified beneficiary as defined in RCW 11.98.002 specified in the trust instrument or acting as trustee; or
(b) The charitable organization is a qualified beneficiary, but is not a permissible distributee, as those terms are defined in RCW 11.98.002, and its beneficial interest in the trust is subject to change by the trustor or by a person designated by the trustor.
(11) An action taken by the court is conclusive and binding upon each person receiving actual or constructive notice or who is otherwise represented under this section.
(12) This section is intended to adopt the common law concept of virtual representation. This section supplements the common law relating to the doctrine of virtual representation and may not be construed as limiting the application of that common law doctrine.
[ 2020 c 312 s 715; 2013 c 272 s 5; 2011 c 327 s 9; 2008 c 6 s 928; 2001 c 203 s 11; 1999 c 42 s 305.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Application—2013 c 272: See note following RCW 11.98.002.
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

catchline: Application of doctrine of virtual representation.


title: RCW 11.96A.125

text:
The terms of a will or trust, even if unambiguous, may be reformed by judicial proceedings under this chapter to conform the terms to the intention of the testator or trustor if it is proved by clear, cogent, and convincing evidence that both the intent of the testator or trustor and the terms of the will or trust were affected by a mistake of fact or law, whether in expression or inducement. This does not limit the ability to reform the will or trust using the binding nonjudicial procedures of RCW 11.96A.220.
[ 2013 c 272 s 6; 2011 c 327 s 11.]
Notes:
Application—2013 c 272: See note following RCW 11.98.002.
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.

catchline: Mistake of fact or law in terms of will or trust—Judicial and nonjudicial reform.


title: RCW 11.96A.127

text:
(1) Except as otherwise provided in subsection (2) of this section, with respect to any charitable disposition made in a will or trust, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:
(a) The disposition does not fail, in whole or in part;
(b) The subject property does not revert to the alternative, residuary, or intestate heirs of the estate or, in the case of a trust, the trustor or the trustor's successors in interest; and
(c) The court may modify or terminate the trust by directing that the property be applied or distributed, in whole or in part, in a manner consistent with the testator's or trustor's charitable purposes.
(2) A provision in the terms of a will or charitable trust that would result in distribution of the property to a noncharitable beneficiary prevails over the power of the court under subsection (1) of this section to modify or terminate the will provision or trust only if, when the provision takes effect:
(a) The property is to revert to the trustor and the trustor is still living; or
(b) Fewer than twenty-one years have elapsed since the following:
(i) In the case of a charitable disposition in trust, the date of the trust's creation or the date the trust became irrevocable; or
(ii) In the case of a charitable disposition in a will, the death of the testator, in the case of a charitable disposition in a will.
(3) For purposes of this title, a charitable purpose is one for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to a community.
[ 2011 c 327 s 10.]
Notes:
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.

catchline: Charitable dispositions by will or trust.


title: RCW 11.96A.130

text:
Nothing in this chapter eliminates the requirement to give notice to a person who has requested special notice under RCW 11.28.240 or notice under RCW 11.130.080.
[ 2020 c 312 s 716; 1999 c 42 s 306.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Other notice requirements not impaired.


title: RCW 11.96A.140

text:
Notwithstanding any other provision of this title, notice of a hearing does not need to be given to a legally competent person who has waived in writing notice of the hearing in person or by attorney, or who has appeared at the hearing without objecting to the lack of proper notice or personal jurisdiction. The waiver of notice may apply either to a specific hearing or to any and all hearings and proceedings to be held, in which event the waiver of notice is of continuing effect unless subsequently revoked by the filing of a written notice of revocation of the waiver and the mailing of a copy of the notice of revocation of the waiver to the other parties. Unless notice of a hearing is required to be given by publication, if all persons entitled to notice of the hearing waive the notice or appear at the hearing without objecting to the lack of proper notice or personal jurisdiction, the court may hear the matter immediately. A guardian of the estate or a guardian ad litem may make the waivers on behalf of the incapacitated person, and a trustee may make the waivers on behalf of any competent or incapacitated beneficiary of the trust. A consul or other representative of a foreign government, whose appearance has been entered as provided by law on behalf of any person residing in a foreign country, may make the waiver of notice on behalf of the person.
[ 1999 c 42 s 307.]

catchline: Waiver of notice.


title: RCW 11.96A.150

text:
(1) Either the superior court or any court on an appeal may, in its discretion, order costs, including reasonable attorneys' fees, to be awarded to any party: (a) From any party to the proceedings; (b) from the assets of the estate or trust involved in the proceedings; or (c) from any nonprobate asset that is the subject of the proceedings. The court may order the costs, including reasonable attorneys' fees, to be paid in such amount and in such manner as the court determines to be equitable. In exercising its discretion under this section, the court may consider any and all factors that it deems to be relevant and appropriate, which factors may but need not include whether the litigation benefits the estate or trust involved.
(2) This section applies to all proceedings governed by this title, including but not limited to proceedings involving trusts, decedent's estates and properties, and guardianship matters. This section shall not be construed as being limited by any other specific statutory provision providing for the payment of costs, including RCW 11.68.070 and 11.24.050, unless such statute specifically provides otherwise. This section shall apply to matters involving guardians and guardians ad litem.
[ 2020 c 312 s 717; 2007 c 475 s 5; 1999 c 42 s 308.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Costs—Attorneys' fees.


title: RCW 11.96A.160

text:
(1) The court, upon its own motion or upon request of one or more of the parties, at any stage of a judicial proceeding or at any time in a nonjudicial resolution procedure, may appoint a guardian ad litem to represent the interests of a minor, incapacitated, unborn, or unascertained person, person whose identity or address is unknown, or a designated class of persons who are not ascertained or are not in being. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(2) The court-appointed guardian ad litem supersedes the special representative if so provided in the court order.
(3) The court may appoint the guardian ad litem at an ex parte hearing, or the court may order a hearing as provided in RCW 11.96A.090 with notice as provided in this section and RCW 11.96A.110.
(4) The guardian ad litem is entitled to reasonable compensation for services. Such compensation is to be paid from the principal of the estate or trust whose beneficiaries are represented.
[ 1999 c 42 s 309.]

catchline: Appointment of guardian ad litem.


title: RCW 11.96A.170

text:
If a party is entitled to a trial by jury and a jury is demanded, and the issues are not sufficiently made up by the written pleadings on file, the court, on due notice, shall settle and frame the issues to be tried. If a jury is not demanded, the court shall try the issues, and sign and file its findings and decision in writing, as provided for in civil actions.
[ 1999 c 42 s 310.]

catchline: Trial by jury.


title: RCW 11.96A.180

text:
Judgment on the issues, as well as for costs, may be entered and enforced by execution or otherwise by the court as in civil actions.
[ 1999 c 42 s 311.]

catchline: Execution on judgments.


title: RCW 11.96A.190

text:
Nothing in RCW 6.32.250 shall forbid execution upon the income of any trust created by a person other than the judgment debtor for debt arising through the furnishing of the necessities of life to the beneficiary of such trust; or as to such income forbid the enforcement of any order of the superior court requiring the payment of support for the children under the age of eighteen of any beneficiary; or forbid the enforcement of any order of the superior court subjecting the vested remainder of any such trust upon its expiration to execution for the debts of the remainderman.
[ 1999 c 42 s 312.]

catchline: Execution upon trust income or vested remainder—Permitted, when.


title: RCW 11.96A.200

text:
An interested party may seek appellate review of a final order, judgment, or decree of the court respecting a judicial proceeding under this title. The review must be done in the manner and way provided by law for appeals in civil actions.
[ 1999 c 42 s 313.]

catchline: Appellate review.


title: RCW 11.96A.210

text:
The purpose of RCW 11.96A.220 through 11.96A.250 is to provide a binding nonjudicial procedure to resolve matters through written agreements among the parties interested in the estate or trust. The procedure is supplemental to, and may not derogate from, any other proceeding or provision authorized by statute or the common law.
[ 1999 c 42 s 401.]

catchline: Purpose.


title: RCW 11.96A.220

text:
RCW 11.96A.210 through 11.96A.250 shall be applicable to the resolution of any matter, as defined by RCW 11.96A.030, other than matters subject to chapter 11.130 RCW, or a trust for a minor or other incapacitated person created at its inception by the judgment or decree of a court unless the judgment or decree provides that RCW 11.96A.210 through 11.96A.250 shall be applicable. If all parties agree to a resolution of any such matter, then the agreement shall be evidenced by a written agreement signed by all parties. Subject to the provisions of RCW 11.96A.240, the written agreement shall be binding and conclusive on all persons interested in the estate, trust, nonprobate asset, other property passing at death, or custodial property. The agreement shall identify the subject matter of the dispute and the parties. If the agreement or a memorandum of the agreement is to be filed with the court under RCW 11.96A.230, the agreement may, but need not, include provisions specifically addressing jurisdiction, governing law, the waiver of notice of the filing as provided in RCW 11.96A.230, and the discharge of any special representative who has acted with respect to the agreement.
If a party who virtually represents another under RCW 11.96A.120 signs the agreement, then the party's signature constitutes the signature of all persons whom the party virtually represents, and all the virtually represented persons shall be bound by the agreement.
[ 2021 c 140 s 4021; (2021 c 140 s 4020 expired January 1, 2022); 2020 c 312 s 718; 1999 c 42 s 402.]
Notes:
Effective date—2021 c 140 s 4021: "Section 4021 of this act takes effect January 1, 2022." [ 2021 c 140 s 4029.]
Expiration date—2021 c 140 s 4020: "Section 4020 of this act expires January 1, 2022." [ 2021 c 140 s 4028.]
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Binding agreement.


title: RCW 11.96A.230

text:
(1) Any party, or a party's legal representative, may file the written agreement or a memorandum summarizing the written agreement with the court having jurisdiction over the estate or trust. The agreement or a memorandum of its terms may be filed within thirty days of the agreement's execution by all parties only with the written consent of the special representative. The agreement or a memorandum of its terms may be filed after a special representative has commenced a proceeding under RCW 11.96A.240 only after the court has determined that the special representative has adequately represented and protected the parties represented. Failure to complete any action authorized or required under this subsection does not cause the written agreement to be ineffective and the agreement is nonetheless binding and conclusive on all persons interested in the estate or trust.
(2) On filing the agreement or memorandum, the agreement will be deemed approved by the court and is equivalent to a final court order binding on all persons interested in the estate, trust, nonprobate asset, other property passing at death, or custodial property.
[ 2021 c 140 s 4022; 2001 c 14 s 2; 1999 c 42 s 403.]

catchline: Entry of agreement with court—Effect.


title: RCW 11.96A.240

text:
Within thirty days of execution of the agreement by all parties, the special representative may note a hearing for presentation of the written agreement to a court of competent jurisdiction. The special representative shall provide notice of the time and date of the hearing to each party to the agreement whose address is known, unless such notice has been waived. Proof of mailing or delivery of the notice must be filed with the court. At such hearing the court shall review the agreement on behalf of the parties represented by the special representative. The court shall determine whether or not the interests of the represented parties have been adequately represented and protected, and an order declaring the court's determination shall be entered. If the court determines that such interests have not been adequately represented and protected, the agreement shall be declared of no effect.
[ 1999 c 42 s 404.]

catchline: Judicial approval of agreement.


title: RCW 11.96A.250

text:
(1)(a) Any party or the parent of a minor or unborn party may petition the court for the appointment of a special representative to represent a party: (i) Who is a minor; (ii) who is incapacitated without an appointed guardian of his or her estate; (iii) who is yet unborn or unascertained; or (iv) whose identity or address is unknown. The petition may be heard by the court without notice.
(b) In appointing the special representative the court shall give due consideration and deference to any nomination(s) made in the petition, the special skills required in the representation, and the need for a representative who will act independently and prudently. The nomination of a person as special representative by the petitioner and the person's willingness to serve as special representative are not grounds by themselves for finding a lack of independence, however, the court may consider any interests that the nominating party may have in the estate or trust in making the determination.
(c) The special representative may enter into a binding agreement on behalf of the person or beneficiary. The special representative may be appointed for more than one person or class of persons if the interests of such persons or class are not in conflict. The petition must be verified. The petition and order appointing the special representative may be in the following form:
CAPTION
PETITION FOR APPOINTMENT
OF CASE
OF SPECIAL REPRESENTATIVE
UNDER RCW 11.96A.250
The undersigned petitioner petitions the court for the appointment of a special representative in accordance with RCW 11.96A.250 and shows the court as follows:
1. Petitioner. Petitioner . . . [is the qualified and presently acting (personal representative) (trustee) of the above (estate) (trust) having been named (personal representative) (trustee) under (describe will and reference probate order or describe trust instrument)] or [is the (describe relationship of the petitioner to the party to be represented or to the matter at issue)].
2. Matter. A question concerning . . . has arisen as to (describe issue, for example: Related to interpretation, construction, administration, distribution). The issue is a matter as defined in RCW 11.96A.030 and is appropriate for determination under RCW 11.96A.210 through 11.96A.250.
3. Party/Parties to be Represented. This matter involves (include description of asset(s) and related beneficiaries and/or interested parties). Resolution of this matter will require the involvement of . . . . . . (name of person or class of persons), who is/are (minors), (incapacitated and without an appointed guardian), (unborn or unascertained) (whose identity or address is unknown).
4. Special Representative. The nominated special representative . . . is a lawyer licensed to practice before the courts of this state or an individual with special skill or training in the administration of estates or trusts. The nominated special representative does not have an interest in the matter and is not related to any person interested in the matter. The nominated special representative is willing to serve. The petitioner has no reason to believe that the nominated special representative will not act in an independent and prudent manner and in the best interests of the represented parties. (It is recommended that the petitioner also include information specifying the particular skills of the nominated special representative that relate to the matter in issue.)
5. Resolution. Petitioner desires to achieve a resolution of the questions that have arisen in this matter. Petitioner believes that proceeding in accordance with the procedures permitted under RCW 11.96A.210 through 11.96A.250 would be in the best interests of the parties, including the party requiring a special representative.
6. Request of Court. Petitioner requests that . . . . . . an attorney licensed to practice in the State of Washington,
(OR)
. . . . an individual with special skill or training in the administration of estates or trusts
be appointed special representative for . . . (describe party or parties being represented), who is/are (minors), (incapacitated and without an appointed guardian), (unborn or unascertained) (whose identity or address is unknown), as provided under RCW 11.96A.250.
DATED this . . . day of . . . . ., . . . .
. . . . . . . . . . . . . . .
(Petitioner)
VERIFICATION
I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.
DATED . . . . . ., . . . . (year), at . . . . . ., Washington.
. . . . . . . . . . . . . . .
(Petitioner or other person
having knowledge)
CAPTION
PETITION FOR APPOINTMENT
OF CASE
OF SPECIAL REPRESENTATIVE
UNDER RCW 11.96A.250
THIS MATTER having come on for hearing before this Court on Petition for Appointment of Special Representative filed herein, and it appearing that it would be in the best interests of the parties related to the matter described in the Petition to appoint a special representative to address the issues that have arisen in the matter and the Court finding that the facts stated in the Petition are true, now, therefore,
IT IS ORDERED that . . . is appointed under RCW 11.96A.250 as special representative (describe party or parties being represented) who is/are (minors), (incapacitated and without an appointed guardian), (unborn or unascertained) (whose identity or address is unknown), to represent their respective interests in the matter as provided in RCW 11.96A.250. The special representative shall be discharged of responsibility with respect to the matter as provided in RCW 11.96A.250. The special representative is discharged of responsibility with respect to the matter at such time as a written agreement is executed resolving the present issues, all as provided in that statute, or if an agreement is not reached within six months from entry of this Order, the special representative appointed under this Order is discharged of responsibility, subject to subsequent reappointment under RCW 11.96A.250.
DONE IN OPEN COURT this . . . day of . . . . ., . . . .
. . . . . . . . . . . . . . .
JUDGE/COURT COMMISSIONER
(2) Upon appointment by the court, the special representative must file a certification made under penalty of perjury in accordance with chapter 5.50 RCW that he or she (a) is not interested in the matter; (b) is not related to any person interested in the matter; (c) is willing to serve; and (d) will act independently, prudently, and in the best interests of the represented parties.
(3) The special representative must be a lawyer licensed to practice before the courts of this state or an individual with special skill or training in the administration of estates or trusts. The special representative may not have an interest in the matter, and may not be related to a person interested in the matter. The special representative is entitled to reasonable compensation for services that must be paid from the principal of an asset involved in the matter.
(4) The special representative is discharged from any responsibility and will have no further duties with respect to the matter or with respect to any party, on the earlier of: (a) The expiration of six months from the date the special representative was appointed unless the order appointing the special representative provides otherwise, or (b) the execution of the written agreement by all parties or their virtual representatives. Any action against a special representative must be brought within the time limits provided by RCW 11.96A.070(3)(c)(i).
[ 2019 c 232 s 12; 2013 c 272 s 21; 2001 c 14 s 3; 1999 c 42 s 405.]
Notes:
Application—2013 c 272: See note following RCW 11.98.002.
Retroactive application—1999 c 42 s 405: "Section 405 of this act is remedial in nature and applies to all actions taken by special representatives from January 1, 1985, and thereafter." [ 1999 c 42 s 704.]

catchline: Special representative.


title: RCW 11.96A.260

text:
The legislature finds that it is in the interest of the citizens of the state of Washington to encourage the prompt and early resolution of disputes in trust, estate, and nonprobate matters. The legislature endorses the use of dispute resolution procedures by means other than litigation. The legislature also finds that the former chapter providing for the nonjudicial resolution of trust, estate, and nonprobate disputes, *chapter 11.96 RCW, has resulted in the successful resolution of thousands of disputes since 1984. The nonjudicial procedure has resulted in substantial savings of public funds by removing those disputes from the court system. Enhancement of the statutory framework supporting the nonjudicial process in *chapter 11.96 RCW would be beneficial and would foster even greater use of nonjudicial dispute methods to resolve trust, estate, and nonprobate disputes. The legislature further finds that it would be beneficial to allow parties to disputes involving trusts, estates, and nonprobate assets to have access to a process for required mediation followed by arbitration using mediators and arbitrators experienced in trust, estate, and nonprobate matters. Finally, the legislature also believes it would be beneficial to parties with disputes in trusts, estates, and nonprobate matters to clarify and streamline the statutory framework governing the procedures governing these cases in the court system.
Therefore, the legislature adopts RCW 11.96A.270 through 11.96A.320, that enhance *chapter 11.96 RCW and allow required mediation and arbitration in disputes involving trusts, estates, and nonprobate matters that are brought to the courts. RCW 11.96A.270 through 11.96A.320 also set forth specific civil procedures for handling trust and estate disputes in the court system. It is intended that the adoption of RCW 11.96A.270 through 11.96A.320 will encourage and direct all parties in trust, estate, and nonprobate matter disputes, and the court system, to provide for expeditious, complete, and final decisions to be made in disputed trust, estate, and nonprobate matters.
[ 1999 c 42 s 501.]
Notes:
*Reviser's note: Chapter 11.96 RCW was repealed by 1999 c 42 s 637, effective January 1, 2000.

catchline: Findings—Intent.


title: RCW 11.96A.270

text:
The intent of RCW 11.96A.260 through 11.96A.320 is to provide for the efficient settlement of disputes in trust, estate, and nonprobate matters through mediation and arbitration by providing any party the right to proceed first with mediation and then arbitration before formal judicial procedures may be utilized. Accordingly, any of the requirements or rights under RCW 11.96A.260 through 11.96A.320 are subject to any contrary agreement between the parties or the parties' virtual representatives.
[ 1999 c 42 s 502.]

catchline: Intent—Parties can agree otherwise.


title: RCW 11.96A.280

text:
A party may cause the matter to be presented for mediation and then arbitration, as provided under RCW 11.96A.260 through 11.96A.320. If a party causes the matter to be presented for resolution under RCW 11.96A.260 through 11.96A.320, then judicial resolution of the matter, as provided in RCW 11.96A.060 or by any other civil action, is available only by complying with the mediation and arbitration provisions of RCW 11.96A.260 through 11.96A.320.
[ 1999 c 42 s 503.]

catchline: Scope.


title: RCW 11.96A.290

text:
As used in RCW 11.96A.260 through 11.96A.320, "superior court" means: (1) Before the commencement of any legal proceedings, the appropriate superior court with respect to the matter as provided in RCW 11.96A.040; and (2) if legal proceedings have been commenced with respect to the matter, the superior court in which the proceedings are pending.
[ 1999 c 42 s 504.]

catchline: Superior court—Venue.