title: RCW 11.56.240

text:
If such redemption be not deemed expedient, the court shall order such property to be sold at public or private sale, which sale shall be with the same notice and conducted in the same manner as required in other cases of real estate or personal property provided for in this title, and shall be sold subject to such mortgage, and the personal representative shall thereupon execute a conveyance thereof to the purchaser, which conveyance shall be effectual to convey to the purchaser all the right, title, and interest which the deceased had in the property, and the purchase money, after paying the expenses of the sale, shall be applied to the residue in due course of administration.
[ 1965 c 145 s 11.56.240. Prior: 1917 c 156 s 145; RRS s 1515; prior: Code 1881 s 1524; 1873 p 296 s 211; 1854 p 290 s 134.]

catchline: Sale of mortgaged property if redemption inexpedient.


doc_type: statute

jurisdiction: wa

title: RCW 11.56.250

text:
When property is directed by will to be sold, or authority is given in the will to sell property, the executor may sell any property of the estate without the order of the court, and without any notice, and it shall not be necessary under such circumstances to make any application to the court with reference to such sales or have the same confirmed by the court.
[ 1965 c 145 s 11.56.250. Prior: 1917 c 156 s 146; RRS s 1516; prior: Code 1881 s 1527.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Sales directed by will.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 11.56.265

text:
In connection with the sale, mortgage or lease of property, the court may authorize the personal representative to pay, out of the proceeds realized therefrom or out of the estate, the customary and reasonable auctioneer's and broker's fees and any necessary expenses for abstracting, title insurance, survey, revenue stamps and other necessary costs and expenses in connection therewith.
[ 1965 c 145 s 11.56.265.]
Notes:
Allowance of necessary expenses to personal representative: RCW 11.48.050.

catchline: Broker's fee and closing expenses—Sale, mortgage or lease.


title: RCW 11.56.280

text:
Whenever it shall appear to the satisfaction of the court that money is needed to pay debts of the estate, expenses of administration, or estate taxes, the court may by order authorize the personal representative to borrow such money, on the general credit of the estate, as appears to the court necessary for the purposes aforesaid. The time for repayment, rate of interest and form of note authorized shall be as specified by the court in its order. The money borrowed pursuant thereto shall be an obligation of the estate repayable with the same priority as unsecured claims filed against the estate. It shall be the duty of the personal representative to present a petition to the court giving a description of all the property of the estate and its character, the amount of the debts, expenses and tax obligations and such other things as will tend to assist the court in determining the necessity for the borrowing and the amount thereof. Unless the court shall by order expressly so provide, no notice of the hearing of such petition need be given, except to persons who have requested notice under the provisions of RCW 11.28.240; if, however, the court should order notice of such hearing, it shall determine upon the kind, character and time thereof. At the hearing of such petition the court may have brought before it such testimony or information as it may see fit to receive, for the foregoing purpose. The absence of any allegation in the petition shall not deprive the court of jurisdiction to authorize such borrowing.
[ 1990 c 180 s 3; 1965 c 145 s 11.56.280.]
Notes:
Order of payment of debts: RCW 11.76.110.

catchline: Borrowing on general credit of estate—Petition—Notice—Hearing.


title: RCW 11.56.290

text:
(1) This section applies in circumstances where a transferee for value has purchased a beneficiary's interest in an estate.
(2) For purposes of this section, a transferee for value is a person who satisfies both of the following criteria:
(a) The person purchased an interest in an estate from a beneficiary for consideration pursuant to a written agreement; and
(b) The person regularly engages, directly or indirectly, in the purchase of beneficial interests in estates.
(3) This section does not apply to the following transferees:
(a) A person who is a beneficiary of the estate or a person who has a claim to distribution from the estate under another instrument or by intestate succession; or
(b) A person who is either the registered domestic partner of the beneficiary, or is related by blood, marriage, or adoption to the beneficiary or the decedent.
(4) An agreement to purchase an interest in an estate is effective only if all the following conditions are met:
(a) The agreement is reduced to writing, signed by the beneficiary and transferee for value, and personally and timely delivered to the beneficiary;
(b) The documents signed by and delivered to the beneficiary are provided in at least 10-point type and are in the same language principally used in any discussion or negotiation leading to the execution of the agreement;
(c) The agreement signed by the beneficiary is filed with the court and served on the personal representative personally or by mail not later than 30 days following the date of its execution or the initiation of probate proceedings, whichever occurs later, and not less than 14 days prior to the motion for distribution. Prior to filing or serving such agreement, the transferee for value shall redact any personally identifying information about the beneficiary, other than the name and address of the beneficiary, from the agreement;
(d) The transferee for value executes a declaration or affidavit attesting that the requirements of this section have been satisfied, and that declaration or affidavit is filed with the court no later than 30 days following the date of the agreement's execution or the initiation of probate proceedings, whichever occurs later, and not less than 14 days prior to the motion for distribution; and
(e) The declaration or affidavit, and any other document signed by the beneficiary in addition to the agreement, is served on the personal representative personally or by mail concurrently with filing the declaration or affidavit with the court.
(5) The agreement to purchase a beneficiary's interest in an estate shall include the following terms in bold type, in addition to any other terms:
(a) The amount of consideration paid to the beneficiary;
(b) A description of the beneficial interest, together with a good faith estimate of the value of the distribution anticipated by the transferee for value; and
(c) The total of all costs or fees charged to the beneficiary resulting from the transfer of the beneficial interest including, but not limited to, transaction or processing fees, credit report costs, filing fees, bank or electronic transfer costs, or any other fees or costs.
(6) An agreement to purchase a beneficiary's interest in an estate shall be voidable if it contains any of the following provisions:
(a) A provision holding harmless the transferee for value;
(b) A provision requiring binding arbitration;
(c) A provision granting to the transferee for value agency powers to represent the beneficiary's interest in the decedent's estate beyond the interest transferred;
(d) A provision granting to the transferee for value the power to hire or select the personal representative to administer the estate;
(e) A provision requiring payment by the beneficiary to the transferee for value for services relating to matters beyond the beneficial interest transferred; or
(f) A provision permitting the transferee for value recourse against the beneficiary if the distribution from the estate has a value less than the consideration paid by the transferee for value.
(7) The court on its own motion, or on the motion of the personal representative or other interested person, may inquire into the circumstances surrounding the agreement to purchase the beneficial interest to determine that the requirements of this section have been satisfied.
(8) The court may refuse to order distribution under the agreement, or may order distribution of assets on any terms that the court considers just and proper, if the court finds any of the following:
(a) The fees, charges, or costs paid or agreed to be paid by the beneficiary were grossly unreasonable at the time of transfer;
(b)(i) The agreement to purchase the beneficial interest was obtained by fraud, duress, or undue influence, or contained unconscionable terms at the time of transfer;
(ii) For purposes of this subsection (8)(b), there shall be a rebuttable presumption that a purchase of a beneficial interest offered, negotiated, or agreed to within 120 days of the decedent's death was obtained by undue influence;
(c) In addition to purchasing the beneficiary's interest in the estate, the transferee for value, or a principal or agent of, or person acting at the behest of or in concert with, the transferee for value, also purchased a major probate asset of the estate, whether such asset was identified under RCW 11.28.110(1)(d) or identified subsequently, for substantially less than fair market value; or
(d) The transferee for value did not substantially comply with the requirements of this section.
(9) For a willful violation of the requirements of this section, the court may order the transferee for value to pay to the beneficiary up to three times the value of the assignment, in addition to any other sanction or remedy.
(10) Notice of any motion brought under this section shall be served on the beneficiary and on the transferee for value at least 14 days prior to the hearing.
[ 2026 c 204 s 13.]

catchline: Transferee for value—Beneficiary's interest in estate—Conditions.


title: RCW 11.56.295

text:
(1) This section applies in circumstances where an heir finder has acquired a partial share of an heir's interest in an estate.
(2) For purposes of this section, an heir finder is a person who satisfies both of the following criteria:
(a) The person regularly engages, directly or indirectly, in the provision of services related to locating heirs or estate assets or obtaining documentation regarding heirs' interests in estates; and
(b) In consideration for providing such services to the heir, the person acquired a partial share of the heir's interest in the estate pursuant to a written agreement.
(3) An agreement to acquire a partial share of an heir's interest in an estate is effective only if all of the following conditions are met:
(a) Compensation due to the heir finder for services rendered is limited to the partial share described in the agreement, and receipt of such compensation is contingent upon the heir first receiving his or her distribution from the estate;
(b) The agreement is reduced to writing, signed by the heir and heir finder, and timely delivered to the heir;
(c) The documents signed by and delivered to the heir are provided in at least 10-point type and are in the same language principally used in any discussion or negotiation leading to the execution of the agreement;
(d) The agreement signed by the heir is filed with the court and served on the personal representative personally or by written or electronic means not later than 45 days following the date of its execution or the initiation of probate proceedings, whichever occurs later, and not less than 14 days prior to the motion for distribution. Prior to filing or serving such agreement, the heir finder must redact any personally identifying information about the heir, other than the name and address of the heir, from the agreement;
(e) The heir finder executes a declaration or affidavit attesting that the requirements of this section have been satisfied, and that declaration or affidavit is filed with the court no later than 45 days following the date of the agreement's execution or the initiation of probate proceedings, whichever occurs later, and not less than 14 days prior to the motion for distribution; and
(f) The declaration or affidavit, the agreement, and any other documentation supporting the agreement are served on the personal representative personally or by written or electronic means concurrently with filing the declaration or affidavit with the court.
(4) An agreement to acquire a partial share of an heir's interest in an estate must include the following terms in bold type, in addition to any other terms:
(a) A plain language description of the heir's interest, the percentage of such interest constituting the heir finder's share in the event of distribution to the heir, and an option for the heir to obtain from the heir finder a good faith estimate of the value of the interest and the value of the partial share once such values are reasonably ascertainable; and
(b) A plain language description of all services provided to the heir in exchange for the partial share of the heir's interest.
(5) An agreement to acquire a partial share of an heir's interest in an estate is voidable if it contains any of the following provisions:
(a) A provision holding harmless the heir finder;
(b) A provision requiring binding arbitration;
(c) A provision granting to the heir finder agency powers to represent the heir's interests in the estate beyond the heir's interest described in the agreement;
(d) A provision granting to the heir finder the power to hire or select the personal representative to administer the estate;
(e) A provision requiring payment by the heir to the heir finder for services relating to matters beyond the heir's interest described in the agreement;
(f) A provision permitting the heir finder recourse against the heir if the partial share of the heir's interest has a value less than the value anticipated by the heir finder at the time of the agreement; or
(g) Any provisions which, when read together, effectively assign full ownership of the heir's interest to the heir finder.
(6) The court on its own motion, or on the motion of the personal representative or other interested person, may inquire into the circumstances surrounding the agreement to acquire the partial share of the heir's interest to determine that the requirements of this section have been satisfied.
(7) The court may refuse to order distribution under the agreement, or may order distribution of assets on any terms that the court considers just and proper, if the court finds any of the following:
(a) The heir finder's partial share of the heir's interest is grossly unreasonable;
(b)(i) The agreement was obtained by fraud, duress, or undue influence, or contained unconscionable terms at the time of the agreement;
(ii) For purposes of this subsection (7)(b), there is a rebuttable presumption that the agreement was obtained by undue influence if both of the following conditions are met:
(A) The partial share was acquired from an heir whose name and address were both already identified in a petition filed pursuant to RCW 11.28.110; and
(B) The heir's interest in which the partial share was acquired included an asset already known to the heir or the personal representative;
(c) In addition to acquiring a partial share of an heir's interest in the estate, the heir finder, or a principal or agent of, or person acting at the behest of or in concert with, the heir finder, also purchased a major probate asset of the estate, whether such asset was identified under RCW 11.28.110(1)(d) or identified subsequently, for substantially less than fair market value; or
(d) The heir finder did not substantially comply with the requirements of this section.
(8) For a willful violation of the requirements of this section, the court may order the heir finder to pay to the heir up to three times the value of the partial share of the heir's interest, in addition to any other sanction or remedy.
(9) Notice of any motion brought under this section must be served on the heir and on the heir finder at least 14 days prior to the hearing.
[ 2026 c 204 s 14.]

catchline: Heir finder—Heir's interest in estate—Conditions.


title: RCW 11.60.010

text:
If any person, who is bound by contract, in writing, shall die before performing said contract, the superior court of the county in which the estate is being administered, may upon application of the personal representative, without notice, make an order authorizing and directing the personal representative to perform such contract.
[ 1965 c 145 s 11.60.010. Prior: 1917 c 156 s 188; RRS s 1558; prior: 1891 p 390 s 40; Code 1881 s 623; 1877 p 130 s 626; 1854 p 292 s 150.]

catchline: Order for performance on application of personal representative.


title: RCW 11.60.020

text:
If the personal representative fails to make such application, then any person claiming to be entitled to such performance under such contract, may present a petition setting forth the facts upon which such claim is predicated. Notice of hearing shall be in accordance with the provisions of *RCW 11.16.081.
[ 1965 c 145 s 11.60.020. Prior: 1917 c 156 s 189; RRS s 1559; prior: 1891 c 155 s 41; Code 1881 s 694; 1877 p 130 s 627; 1854 p 292 s 151.]
Notes:
*Reviser's note: RCW 11.16.081 was repealed by 1969 c 70 s 5.
Actions for recovery of property and on contract: RCW 11.48.090.

catchline: Petition, notice, and hearing when personal representative fails to make application.


title: RCW 11.60.030

text:
At the time appointed for such hearing, or at such other time as the same may be adjourned to, upon proof of service of the notice as provided in *RCW 11.16.081, the court shall proceed to a hearing and determine the matter.
[ 1965 c 145 s 11.60.030. Prior: 1917 c 156 s 190; RRS s 1560; prior: 1891 c 155 s 42; Code 1881 s 625; 1877 p 130 s 628; 1854 p 293 s 152.]
Notes:
*Reviser's note: RCW 11.16.081 was repealed by 1969 c 70 s 5.

catchline: Hearing.


title: RCW 11.60.040

text:
In the case of real property, a conveyance executed under the provisions of this title shall so refer to the order authorizing the conveyance that the same may be readily found, but need not recite the record in the case generally, and the conveyance made in pursuance of such order shall pass to the grantee all the estate, right, title, and interest contracted to be conveyed by the deceased, as fully as if the contracting party himself or herself were still living and executed the conveyance in pursuance of such contract.
[ 2010 c 8 s 2052; 1965 c 145 s 11.60.040. Prior: 1917 c 156 s 191; RRS s 1561; prior: Code 1881 s 626; 1877 p 130 s 629; 1854 p 293 s 153.]

catchline: Conveyance of real property—Effect.


title: RCW 11.60.060

text:
If the person entitled to performance shall die before the commencement of the proceedings according to the provisions of this title or before the completion of performance, any person who would have been entitled to the performance under him or her, as heir, devisee, or otherwise, in case the performance had been made according to the terms of the contract, or the personal representative of such deceased person, for the benefit of persons entitled, may commence such proceedings, or prosecute the same if already commenced; and the performance shall inure to the persons who would have been entitled to it, or to the personal representative for their benefit.
[ 2010 c 8 s 2053; 1965 c 145 s 11.60.060. Prior: 1917 c 156 s 193; RRS s 1563; prior: 1891 c 155 s 47; Code 1881 s 532; 1877 p 132 s 635; 1854 p 294 s 159.]

catchline: Procedure on death of person entitled to performance.


title: RCW 11.62.005

text:
As used in this chapter, the following terms shall have the meanings indicated.
(1) "Personal property" shall include any tangible personal property, any instrument evidencing a debt, obligation, stock, chose in action, license or ownership, any debt or any other intangible property.
(2)(a) "Successor" and "successors" shall mean (subject to subsection (2)(b) of this section):
(i) That person or those persons who are entitled to the claimed property pursuant to the terms and provisions of the last will and testament of the decedent or by virtue of the laws of intestate succession contained in this title; and/or
(ii) The surviving spouse or surviving domestic partner of the decedent to the extent that the surviving spouse or surviving domestic partner is entitled to the property claimed as his or her undivided one-half interest in the community property of said spouse or said domestic partner and the decedent; and/or
(iii) The department of social and health services, to the extent of funds expended or paid, in the case of claims provided under RCW 43.20B.080; and/or
(iv) This state, in the case of escheat property.
(b) Any person claiming to be a successor solely by reason of being a creditor of the decedent or of the decedent's estate, except for the state as set forth in (a)(iii) and (iv) of this subsection, shall be excluded from the definition of "successor".
(3) "Person" shall mean any individual or organization, specifically including but not limited to a bank, credit union, brokerage firm or stock transfer agent, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.
[ 2008 c 6 s 922; 2006 c 360 s 15; 1994 c 21 s 1; 1988 c 64 s 24; 1977 ex.s. c 234 s 29.]
Notes:
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.
Conflict with federal requirements—Effective date—1994 c 21: See notes following RCW 43.20B.080.
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Legislative confirmation of effect of 1994 c 21: RCW 43.20B.090.

catchline: Definitions.


title: RCW 11.62.010

text:
(1) At any time after forty days from the date of a decedent's death, any person who is indebted to or who has possession of any personal property belonging to the decedent or to the decedent and his or her surviving spouse or surviving domestic partner as a community, which debt or personal property is an asset which is subject to probate, shall pay such indebtedness or deliver such personal property, or so much of either as is claimed, to a person claiming to be a successor of the decedent upon receipt of proof of death and of an affidavit made by said person which meets the requirements of subsection (2) of this section.
(2) An affidavit which is to be made pursuant to this section shall state:
(a) The claiming successor's name and address, and that the claiming successor is a "successor" as defined in RCW 11.62.005;
(b) That the decedent was a resident of the state of Washington on the date of his or her death;
(c) That the value of the decedent's entire estate subject to probate, not including the surviving spouse's or surviving domestic partner's community property interest in any assets which are subject to probate in the decedent's estate, wherever located, less liens and encumbrances, does not exceed one hundred thousand dollars;
(d) That forty days have elapsed since the death of the decedent;
(e) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;
(f) That all debts of the decedent including funeral and burial expenses have been paid or provided for;
(g) A description of the personal property and the portion thereof claimed, together with a statement that such personal property is subject to probate;
(h) That the claiming successor has given written notice, either by personal service or by mail, identifying his or her claim, and describing the property claimed, to all other successors of the decedent, and that at least ten days have elapsed since the service or mailing of such notice; and
(i) That the claiming successor is either personally entitled to full payment or delivery of the property claimed or is entitled to full payment or delivery thereof on the behalf and with the written authority of all other successors who have an interest therein.
(3) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to be the successor with respect to such security upon the presentation of proof of death and of an affidavit made by such person which meets the requirements of subsection (2) of this section. Any governmental agency required to issue certificates of ownership or of license registration to personal property shall issue a new certificate of ownership or of license registration to a person claiming to be a successor of the decedent upon receipt of proof of death and of an affidavit made by such person which meets the requirements of subsection (2) of this section.
(4) No release from any Washington state or local taxing authority may be required before any assets or debts are paid or delivered to a successor of a decedent as required under this section.
(5) A copy of the affidavit, including the decedent's social security number, shall be mailed to the state of Washington, department of social and health services, office of financial recovery.
[ 2008 c 6 s 923; 2006 c 360 s 16; 1995 1st sp.s. c 18 s 60; 1993 c 291 s 1. Prior: 1988 c 64 s 25; 1988 c 29 s 2; 1987 c 157 s 1; 1977 ex.s. c 234 s 11; 1974 ex.s. c 117 s 4.]
Notes:
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.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Disposition of personal property, debts by affidavit, proof of death—Contents of affidavit—Procedure—Securities.


title: RCW 11.62.020

text:
The person paying, delivering, transferring, or issuing personal property pursuant to RCW 11.62.010 is discharged and released to the same extent as if such person has dealt with a personal representative of the decedent, unless at the time of such payment, delivery, transfer, or issuance, such person had actual knowledge of the falsity of any statement which is required by RCW 11.62.010(2) as now or hereafter amended to be contained in the successor's affidavit. Such person is not required to see to the application of the personal property, or to inquire into the truth of any matter specified in RCW 11.62.010 (1) or (2), or into the payment of any estate tax liability.
An organization shall not be deemed to have actual knowledge of the falsity of any statement contained in an affidavit made pursuant to RCW 11.62.010(2) as now or hereafter amended until such time as said knowledge shall have been brought to the personal attention of the individual making the transfer, delivery, payment, or issuance of the personal property claimed under RCW 11.62.010 as now or hereafter amended.
If any person to whom an affidavit and proof of death is delivered refuses to pay, deliver, or transfer any personal property, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. If more than one affidavit is delivered with reference to the same personal property, the person to whom an affidavit is delivered may pay, deliver, transfer, or issue any personal property in response to the first affidavit received, provided that proof of death has also been received, or alternately implead such property into court for payment over to the person entitled thereto. Any person to whom payment, delivery, transfer, or issuance of personal property is made pursuant to RCW 11.62.010 as now or hereafter amended is answerable and accountable therefor to any personal representative of the estate of the decedent or to any other person having a superior right thereto.
[ 1990 c 180 s 4; 1977 ex.s. c 234 s 12; 1974 ex.s. c 117 s 5.]
Notes:
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Effect of affidavit and proof of death—Discharge and release of transferor—Refusal to pay or deliver—Procedure—False affidavit—Conflicting affidavits—Accountability.


title: RCW 11.62.030

text:
On the death of any member of any credit union organized under chapter 31.12 RCW or federal law, such credit union may pay to the surviving spouse or surviving domestic partner the moneys of such member on deposit to the credit of said deceased member, including moneys deposited as shares in said credit union, in cases where the amount of deposit does not exceed the sum of one thousand dollars, upon receipt of an affidavit from the surviving spouse or surviving domestic partner to the effect that the member died and no executor or administrator has been appointed for the member's estate, and the member had on deposit in said credit union money not exceeding the sum of one thousand dollars. The payment of such deposit made in good faith to the spouse or the domestic partner making the affidavit shall be a full acquittance and release of the credit union for the amount of the deposit so paid.
No probate proceeding shall be necessary to establish the right of said surviving spouse to withdraw said deposits upon the filing of said affidavit: PROVIDED, That whenever a personal representative is appointed in an estate where a withdrawal of deposits has been had in compliance with this section, the spouse so withdrawing said deposits shall account for the same to the personal representative. The credit union may also pay out the moneys on deposit to the credit of the deceased upon presentation of an affidavit as provided in RCW 11.62.010, as now or hereafter amended.
[ 2008 c 6 s 924; 1980 c 41 s 10.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Severability—1980 c 41: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1980 c 41 s 13.]

catchline: Payment to surviving spouse or surviving domestic partner of moneys on deposit of deceased credit union member—Limitation—Affidavit—Accounting to personal representative.


title: RCW 11.64.002

text:
Within three months after receiving written request from the personal representative the surviving partner or partners of the partnership shall furnish the personal representative with a verified inventory of the assets of the partnership. The inventory shall state the value of the assets as shown by the books of the partnership and list the liabilities of the partnership. At the request of the personal representative, the surviving partner or partners shall permit the assets of the partnership to be appraised, which appraisal shall include the value of the assets of the partnership and a list of the liabilities.
[ 1977 ex.s. c 234 s 13; 1965 c 145 s 11.64.002. Prior: 1951 c 197 s 1; prior: (i) 1917 c 156 s 88; RRS s 1458. (ii) 1917 c 156 s 91; RRS s 1461.]
Notes:
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Inventory of estate to identify decedent's share in partnership: RCW 11.44.015(1)(f).

catchline: Inventory—Appraisement.


title: RCW 11.64.008

text:
The surviving partner or partners may continue in possession of the partnership estate, pay its debts, and settle its business, and shall account to the personal representative of the decedent and shall pay over such balances as may, from time to time, be payable to him or her.
[ 2010 c 8 s 2054; 1977 ex.s. c 234 s 14; 1965 c 145 s 11.64.008. Prior: 1951 c 197 s 2.]
Notes:
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.

catchline: Surviving partner may continue in possession.


title: RCW 11.64.016

text:
If the surviving partner or partners commit waste, or if it appears to the court that it is for the best interest of the estate of the decedent, such court may, after a hearing, order the surviving partner or partners to give security for the faithful settlement of the partnership affairs and the payment to the personal representative of any amount due the estate.
[ 1977 ex.s. c 234 s 15; 1965 c 145 s 11.64.016. Prior: 1951 c 197 s 3.]
Notes:
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.

catchline: Security may be required.


title: RCW 11.64.022

text:
If the surviving partner or partners fail or refuse to furnish an inventory or list of liabilities, to permit an appraisal, or to account to the personal representative, or to furnish a bond when required pursuant to RCW 11.64.016, the court shall order a citation to issue requiring the surviving partner or partners to appear and show cause why they have not furnished an inventory list of liabilities, or permitted an appraisal or why they should not account to the personal representative or file a bond. The citation shall be served not less than ten days before the return day designated therein, or such shorter period as the court upon a showing of good cause deems appropriate. If the surviving partner or partners neglect or refuse to file an inventory or list of liabilities, or to permit an appraisal, or fail to account to the court or to file a bond, after they have been directed to do so, they may be punished for a contempt of court as provided in chapter 7.21 RCW. Where the surviving partner or partners fail to file a bond after being ordered to do so by the court, the court may also appoint a receiver of the partnership estate under chapter 7.60 RCW, and may order the costs and expenses of the proceedings to be paid out of the partnership estate or out of the estate of the decedent, or by the surviving partner or partners personally, or partly by each of the parties.
[ 2004 c 165 s 39; 1989 c 373 s 15; 1977 ex.s. c 234 s 16; 1965 c 145 s 11.64.022. Prior: 1951 c 197 s 4.]
Notes:
Purpose—Captions not law—2004 c 165: See notes following RCW 7.60.005.
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.

catchline: Failure to furnish inventory, list liabilities, permit appraisal, etc.—Show cause—Contempt of court—Receiver.


title: RCW 11.64.030

text:
The surviving partner or the surviving partners jointly, shall have the right at any time to petition the court to purchase the interests of a deceased partner in the partnership. Upon a hearing pursuant to such petition the court shall, in such manner as it sees fit, determine and by order fix the value of the interest of the deceased partner over and above all partnership debts and obligations, the price, terms, and conditions of such sale and the period of time during which the surviving partner or partners shall have the prior right to purchase the interest of the deceased partner. If any such surviving partner be also the personal representative of the estate of the deceased partner, such fact shall not affect his or her right to purchase, or to join with the other surviving partners to purchase such interest in the manner hereinbefore provided.
The court shall make such orders in connection with such sale as it deems proper or necessary to protect the estate of the deceased against any liability for partnership debts or obligations.
[ 2010 c 8 s 2055; 1977 ex.s. c 234 s 17; 1965 c 145 s 11.64.030. Prior: 1951 c 197 s 5; prior: 1917 c 156 s 89; 1859 p 186 ss 120-130; 1854 p 274 ss 46-53; RRS s 1459.]
Notes:
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.

catchline: Surviving partner or partners may purchase deceased's interest—Valuation—Conditions of sale—Protection against partnership liabilities.


title: RCW 11.64.040

text:
The court may, in instances where it is deemed advisable, authorize and direct the personal representative of the estate of a deceased partner to enter into an agreement with the surviving partner or partners under which the surviving partner or partners may continue to operate any going business of the former partnership until the further order of the court. The court may, in its discretion, revoke such authority and direction and thereby terminate such agreement at any time by further order, entered upon the application of the personal representative or the surviving partner or partners or any interested person or on its own motion.
[ 1965 c 145 s 11.64.040. Prior: 1951 c 197 s 6; prior: 1917 c 156 s 90; 1859 p 186 ss 120-130; 1854 p 274 ss 46-53; RRS s 1460.]

catchline: Surviving partner may operate under agreement with estate—Termination.


title: RCW 11.66.010

text:
(1) If not less than thirty days after the death of an individual entitled at the time of death to a monthly benefit or benefits under Title II of the social security act, all or part of the amount of such benefit or benefits, not in excess of one thousand dollars, is paid by the United States to (a) the surviving spouse, (b) one or more of the deceased's children, or descendants of his or her deceased children, (c) the secretary of social and health services if the decedent was a resident of a state institution at the date of death and liable for the cost of his or her care in an amount at least as large as the amount of such benefits, (d) the deceased's father or mother, or (e) the deceased's brother or sister, preference being given in the order named if more than one request for payment shall have been made by or for such individuals, such payment shall be deemed to be a payment to the legal representative of the decedent and shall constitute a full discharge and release from any further claim for such payment to the same extent as if such payment had been made to an executor or administrator of the decedent's estate.
(2) The provisions of subsection (1) of this section shall apply only if an affidavit has been made and filed with the United States department of health, education, and welfare by the surviving spouse or other relative by whom or on whose behalf request for payment is made and such affidavit shows (a) the date of death of the deceased, (b) the relationship of the affiant to the deceased, (c) that no executor or administrator for the deceased has qualified or been appointed, nor to the affiant's knowledge is administration of the deceased's estate contemplated, and (d) that, to the affiant's knowledge, there exists at the time of the filing of such affidavit, no relative of a closer degree of kindred to the deceased than the affiant: PROVIDED, That the affidavit filed by the secretary of social and health services shall meet the requirements of (a) and (c) of this subsection and, in addition, show that the decedent left no known surviving spouse or children and died while a resident of a state institution at the date of death and liable for the cost of his or her care in an amount at least as large as the amount of such benefits.
[ 2010 c 8 s 2056; 1979 c 141 s 12; 1967 c 175 s 2.]
Notes:
Effective date—1967 c 175: "This 1967 amendatory act shall take effect and be in force on and after the first day of July, 1967, in conformity with the terms and provisions of section 11.99.010, chapter 145, Laws of 1965 and RCW 11.99.010." [ 1967 c 175 s 3.]
Disposition of property of deceased inmate of state institution: RCW 11.08.101, 11.08.111, 11.08.120.

catchline: Social security benefits—Payment to survivors or department of social and health services—Effect.


title: RCW 11.66.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 33.]

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


title: RCW 11.68.011

text:
(1) A personal representative may petition the court for nonintervention powers, whether the decedent died testate or intestate. However, a personal representative who is appointed under RCW 11.28.120(3) and who is not an entity described under RCW 11.36.010 (2) or (3) may not petition the court for nonintervention powers and may not be granted nonintervention powers.
(2) Unless the decedent has specified in the decedent's will, if any, that the court not grant nonintervention powers to the personal representative, the court shall grant nonintervention powers to a personal representative who petitions for the powers if the court determines that the decedent's estate is solvent, taking into account probate and nonprobate assets, and that:
(a) The petitioning personal representative was named in the decedent's probated will as the personal representative;
(b) The decedent died intestate, the petitioning personal representative is the decedent's surviving spouse or surviving domestic partner, the decedent's estate is composed of community property only, and the decedent had no issue: (i) Who is living or in gestation on the date of the petition; (ii) whose identity is reasonably ascertainable on the date of the petition; and (iii) who is not also the issue of the petitioning spouse or petitioning domestic partner; or
(c) The personal representative was not a creditor of the decedent at the time of the decedent's death and the administration and settlement of the decedent's will or estate with nonintervention powers would be in the best interests of the decedent's beneficiaries and creditors. However, the administration and settlement of the decedent's will or estate with nonintervention powers will be presumed to be in the beneficiaries' and creditors' best interest until a person entitled to notice under RCW 11.68.041 rebuts that presumption by coming forward with evidence that the grant of nonintervention powers would not be in the beneficiaries' or creditors' best interests.
(3) The court may base its findings of facts necessary for the grant of nonintervention powers on: (a) Statements of witnesses appearing before the court; (b) representations contained in a verified petition for nonintervention powers, in an inventory made and returned upon oath into the court, or in an affidavit filed with the court; or (c) other proof submitted to the court.
[ 2026 c 204 s 9; 2008 c 6 s 925; 1997 c 252 s 59.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Settlement without court intervention—Petition—Conditions—Exceptions.


title: RCW 11.68.021

text:
A hearing on a petition for nonintervention powers may be held at the time of the appointment of the personal representative or at any later time.
[ 1997 c 252 s 60.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Hearing on petition for nonintervention powers.


title: RCW 11.68.041

text:
(1) Advance notice of the hearing on a petition for nonintervention powers referred to in RCW 11.68.011 is not required in those circumstances in which the court is required to grant nonintervention powers under RCW 11.68.011(2) (a) and (b).
(2) In all other cases, if the petitioner wishes to obtain nonintervention powers, the personal representative shall give notice of the petitioner's intention to apply to the court for nonintervention powers to all heirs, all beneficiaries of a gift under the decedent's will, and all persons who have requested, and who are entitled to, notice under RCW 11.28.240, except that:
(a) A person is not entitled to notice if the person has, in writing, either waived notice of the hearing or consented to the grant of nonintervention powers; and
(b) An heir who is not also a beneficiary of a gift under a will is not entitled to notice if the will has been probated and the time for contesting the validity of the will has expired.
(3) The notice required by this section must be either personally served or sent by regular mail at least ten days before the date of the hearing, and proof of mailing of the notice must be by affidavit filed in the cause. The notice must contain the decedent's name, the probate cause number, and the name and address of the personal representative, and must state in substance as follows:
(a) The personal representative has petitioned the superior court of the state of Washington for . . . . . county, for the entry of an order granting nonintervention powers and a hearing on that petition will be held on . . . . ., the . . . . . day of . . . . ., . . . ., at . . . . . o'clock, . . M.;
(b) The petition for an order granting nonintervention powers has been filed with the court;
(c) Following the entry by the court of an order granting nonintervention powers, the personal representative is entitled to administer and close the decedent's estate without further court intervention or supervision; and
(d) A person entitled to notice has the right to appear at the time of the hearing on the petition for an order granting nonintervention powers and to object to the granting of nonintervention powers to the personal representative.
(4) If notice is not required, or all persons entitled to notice have either waived notice of the hearing or consented to the entry of an order granting nonintervention powers as provided in this section, the court may hear the petition for an order granting nonintervention powers at any time.
[ 2021 c 140 s 4004; 1997 c 252 s 61.]
Notes:
Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Petition for nonintervention powers—Notice requirements—Exceptions.


title: RCW 11.68.050

text:
(1) If at the time set for the hearing upon a petition for nonintervention powers, any person entitled to notice of the hearing on the petition under RCW 11.68.041 shall appear and object to the granting of nonintervention powers to the personal representative of the estate, the court shall consider the objections, if any, in connection with its determination under RCW 11.68.011(2)(c) of whether a grant of nonintervention powers would be in the best interests of the decedent's beneficiaries.
(2) The nonintervention powers of a personal representative may not be restricted at a hearing on a petition for nonintervention powers in which the court is required to grant nonintervention powers under RCW 11.68.011(2) (a) and (b), unless a will specifies that the nonintervention powers of a personal representative may be restricted when the powers are initially granted.
[ 2021 c 140 s 4005; 1997 c 252 s 62; 1977 ex.s. c 234 s 21; 1974 ex.s. c 117 s 17.]
Notes:
Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Objections to granting of nonintervention powers—Restrictions.


title: RCW 11.68.060

text:
If any personal representative of the estate of the decedent dies, resigns, or otherwise becomes disabled from any cause from acting as the nonintervention personal representative, the successor personal representative, or a person who has petitioned to be appointed as a successor personal representative, may petition the court for nonintervention powers, and the court shall act, in accordance with RCW 11.68.011 through 11.68.041 and 11.68.050.
[ 1997 c 252 s 63; 1977 ex.s. c 234 s 22; 1974 ex.s. c 117 s 18.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Death, resignation, or disablement of personal representative—Successor to administer nonintervention powers—Petition.


title: RCW 11.68.065

text:
A beneficiary who has not acknowledged in writing that his, her, or its interest in an estate has been fully paid or distributed may petition the court for an order directing the personal representative to deliver a report of the affairs of the estate signed and verified by the personal representative. The petition may be filed at any time after one year from the day on which the report was last delivered, or, if none, then one year after the order appointing the personal representative. Upon hearing of the petition after due notice as required in RCW 11.96A.110, the court may, for good cause shown, order the personal representative to deliver to the petitioner the report for any period not covered by a previous report. The report for the period shall include such of the following as the court may order: A description of the amount and nature of all property, real and personal, that has come into the hands of the personal representative; a statement of all property collected and paid out or distributed by the personal representative; a statement of claims filed and allowed against the estate and those rejected; any estate, inheritance, or fiduciary income tax returns filed by the personal representative; and such other information as the order may require. This subsection does not limit any power the court might otherwise have at any time during the administration of the estate to require the personal representative to account or furnish other information to any person interested in the estate.
[ 2021 c 140 s 4008; 1999 c 42 s 614; 1997 c 252 s 64.]
Notes:
Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
Effective date—1999 c 42: See RCW 11.96A.902.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Report of affairs of estate—Petition by beneficiary—Filing—Notice—Hearing—Other accounting and information.


title: RCW 11.68.070

text:
(1)(a) A party, as defined in RCW 11.96A.030, may petition the court under chapter 11.96A RCW for a determination that a personal representative:
(i) Has breached a fiduciary duty;
(ii) Has exceeded the personal representative's authority;
(iii) Has abused the personal representative's discretion in exercising a power;
(iv) Has otherwise failed to execute the trust faithfully;
(v) Has violated a statute or common law affecting the estate; or
(vi) Is subject to removal for a reason specified in RCW 11.28.250.
(b) The petition submitted under (a) of this subsection must allege facts in support of the claim and must be verified or be supported by an affidavit showing facts in support of the claim.
(2) If the court finds that the personal representative has committed one or more of the acts listed in subsection (1)(a) of this section, the court may order such remedy in law or in equity as it deems appropriate. The remedy may include, but not be limited to, awarding money damages, surcharging the personal representative, directing the personal representative to take a specific action, restricting the powers of the personal representative, removing the personal representative and appointing a successor, and awarding fees and costs under RCW 11.96A.150. If the court restricts the powers of the personal representative, it shall endorse the words "powers restricted" upon the original order granting the personal representative nonintervention powers and upon the letters testamentary or of administration together with the date of the endorsement.
[ 2021 c 140 s 4009; 2010 c 8 s 2057; 1977 ex.s. c 234 s 23; 1974 ex.s. c 117 s 19.]
Notes:
Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Procedure when personal representative recreant to trust or subject to removal.


title: RCW 11.68.080

text:
(1) Within ten days after the personal representative has received from alleged creditors under chapter 11.40 RCW claims that have an aggregate face value that, when added to the other debts and to the taxes and expenses of greater priority under applicable law, would appear to cause the estate to be insolvent, the personal representative shall notify in writing all beneficiaries under the decedent's will and, if any of the decedent's property will pass according to the laws of intestate succession, all heirs, together with any unpaid creditors, other than a creditor whose claim is then barred under chapter 11.40 RCW or the otherwise applicable statute of limitations, that the estate might be insolvent. The personal representative shall file a copy of the written notice with the court.
(2) Within ten days after an estate becomes insolvent, the personal representative shall petition under RCW 11.96A.080 for a determination of whether the court should reaffirm, rescind, or restrict in whole or in part any prior grant of nonintervention powers. Notice of the hearing must be given in accordance with RCW 11.96A.110.
(3) If, upon a petition under RCW 11.96A.080 of any personal representative, beneficiary under the decedent's will, heir if any of the decedent's property passes according to the laws of intestate succession, or any unpaid creditor with a claim that has been accepted or judicially determined to be enforceable, the court determines that the decedent's estate is insolvent, the court shall reaffirm, rescind, or restrict in whole or in part any prior grant of nonintervention powers to the extent necessary to protect the best interests of the beneficiaries and creditors of the estate.
(4) If the court rescinds or restricts a prior grant of nonintervention powers, the court shall endorse the term "powers rescinded" or "powers restricted" upon the prior order together with the date of the endorsement.
[ 1999 c 42 s 615; 1997 c 252 s 65; 1977 ex.s. c 234 s 24; 1974 ex.s. c 117 s 20.]
Notes:
Effective date—1999 c 42: See RCW 11.96A.902.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Vacation or restriction of nonintervention powers following insolvency—Notice—Determinations affecting prior grants of nonintervention powers upon petition—Endorsement on prior orders.


title: RCW 11.68.085

text:
A personal representative with nonintervention powers may administer and settle the estate without supervision or intervention by the court except as otherwise provided in this chapter.
[ 2021 c 140 s 4006.]
Notes:
Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.

catchline: Nonintervention powers—Generally.


title: RCW 11.68.090

text:
(1) Except as otherwise provided in this chapter, a personal representative with nonintervention powers has:
(a) All powers that are granted by common law or statute to a personal representative without nonintervention powers or that a court supervising the settlement and administration of a decedent's estate may grant to a personal representative without nonintervention powers;
(b) The power to borrow money on the general credit of the estate;
(c) The power to mortgage, encumber, lease, sell, exchange, convey, assign, and otherwise transfer the decedent's real and personal property;
(d) The power to perform the decedent's contracts;
(e) The power to determine the persons entitled to the estate; to partition property, sell property, and/or distribute property pro rata or nonpro rata, and otherwise to administer and settle the decedent's estate;
(f) The powers, privileges, and limitations of liability of a trustee under chapters 11.98, 11.100, and 11.102 RCW and under the principles of equity with regard to the assets of the estate, both real and personal;
(g) Any further power appropriate to the exercise or nonexercise of a power granted under this subsection (1); and
(h) The right and authority to exercise the powers under this subsection (1) without an order of the court and without notice to, direction from, approval by, confirmation by, or intervention of any court.
(2) Except as otherwise provided in this chapter, a personal representative with nonintervention powers has the same duties, restrictions, and liabilities as a personal representative without nonintervention powers and shall act for the benefit of all persons interested in the estate, as defined in RCW 11.96A.030(6) relative to a decedent's estate, except that:
(a) A personal representative with nonintervention powers may act without an order of the court and without notice to, direction from, approval by, confirmation by, or intervention of any court;
(b) A personal representative with nonintervention powers has no duty to follow the procedures of RCW 11.76.010 through 11.76.080 or chapter 11.56 RCW; and
(c) A personal representative with nonintervention powers must exercise a discretionary power in good faith, with honest judgment, and in accordance with the terms and purposes of the probated will and the interests of the beneficiaries.
(3) Except as provided in subsection (4) of this section, a testator may by will:
(a) Add to, alter, or deny any or all of the powers and privileges conferred upon the personal representative with nonintervention powers to administer and settle the testator's estate by common law, statute, or the principles of equity; and
(b) Add to, alter, or remove any or all of the duties, restrictions, or liabilities imposed on a personal representative with nonintervention powers relative to the administration and settlement of the testator's estate by common law, statute, or the principles of equity.
(4) No testamentary provisions may limit the effect of RCW 6.32.250, 11.20.080, 11.48.010, 11.48.020 (although without the necessity of any order of a court), 11.48.030, 11.48.140,11.68.065, 11.68.070, 11.68.080, 11.68.090, 11.76.110, 11.76.150, 11.76.160, 11.76.170, or 11.96A.190, or of chapters 11.36, 11.44, 11.54, and 11.108 RCW or any other laws that preserve a marital deduction from estate taxes; and in no event may a personal representative with nonintervention powers be relieved of the duty to act in good faith, with honest judgment, and in accordance with the terms and purposes of the probated will and the interests of the beneficiaries.
(5) The common law and the principles of equity supplement this chapter.
[ 2021 c 140 s 4010; 2011 c 327 s 3; 2003 c 254 s 3; 1997 c 252 s 66; 1988 c 29 s 3; 1985 c 30 s 7. Prior: 1984 c 149 s 10; 1974 ex.s. c 117 s 21.]
Notes:
Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Nonintervention powers—Powers, duties, restrictions, and liabilities—Effect of will provisions.


title: RCW 11.68.095

text:
Except as otherwise provided by the probated will or by order of a court, all of the provisions of RCW 11.98.016 regarding the exercise of powers by co-trustees of a trust shall apply to the co-personal representatives of an estate in which the co-personal representatives have been granted nonintervention powers, as if, for purposes of the interpretation of that law, co-personal representatives were co-trustees and an estate were a trust.
[ 2021 c 140 s 4011; 1997 c 252 s 67.]
Notes:
Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Co-personal representatives—Powers.


title: RCW 11.68.100

text:
(1) When the estate is ready to be closed, the court, upon application by the personal representative who has nonintervention powers, shall make and cause to be entered a decree that either:
(a) Finds and adjudges that all approved claims against the decedent have been paid, finds and adjudges the heirs of the decedent or those persons entitled to take under the decedent's will, and distributes the decedent's property to the persons entitled to it; or
(b) Approves the accounting of the personal representative and settles the estate of the decedent in the manner provided for in the administration of those estates in which the personal representative has not acquired nonintervention powers.
(2) Either decree provided for in this section shall be made after notice given as provided for in the settlement of estates by a personal representative who has not acquired nonintervention powers. The petition for either decree provided for in this section shall state the fees paid or proposed to be paid to the personal representative, the personal representative's attorneys, accountants, and appraisers, and any heir, devisee, or legatee whose interest in the assets of a decedent's estate would be reduced by the payment of said fees shall receive a copy of said petition with the notice of hearing thereon; at the request of the personal representative or any said heir, devisee, or legatee, the court shall, at the time of the hearing on either petition, determine the reasonableness of said fees. The court shall take into consideration all criteria forming the basis for the determination of the amount of such fees as contained in the code of professional responsibility; in determining the reasonableness of the fees charged by any personal representative, accountants, and appraisers the court shall take into consideration the criteria forming the basis for the determination of attorney's fees, to the extent applicable, and any other factors which the court determines to be relevant in the determination of the amount of fees to be paid to such personal representative.
[ 2021 c 140 s 4013; 2010 c 8 s 2058; 1977 ex.s. c 234 s 25; 1974 ex.s. c 117 s 22.]
Notes:
Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Closing of estate—Alternative decrees—Notice—Hearing—Fees.


title: RCW 11.68.110

text:
(1) If a personal representative who has acquired nonintervention powers does not apply to the court for either of the final decrees provided for in RCW 11.68.100 as now or hereafter amended, the personal representative shall, when the administration of the estate has been completed, file a declaration that must state as follows:
(a) The date of the decedent's death and the decedent's residence at the time of death;
(b) Whether or not the decedent died testate or intestate;
(c) If the decedent died testate, the date of the decedent's last will and testament and the date of the order probating the will;
(d) That each creditor's claim which was justly due and properly presented as required by law has been paid or otherwise disposed of by agreement with the creditor, and that the amount of taxes assessable against the estate has been determined, settled, and paid or otherwise provided for;
(e) That the personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be settled and distributed;
(f) If the decedent died intestate, the names, addresses (if known), and relationship of each heir of the decedent, together with the distributive share of each heir; and
(g) The amount of fees paid or to be paid to each of the following: (i) Personal representative or representatives; (ii) lawyer or lawyers; (iii) appraiser or appraisers; and (iv) accountant or accountants; and that the personal representative believes the fees to be reasonable and does not intend to obtain court approval of the amount of the fees or to submit an estate accounting to the court for approval.
(2) If:
(a)(i) The personal representative with nonintervention powers files a declaration as specified in subsection (1) of this section;
(ii) The personal representative provides the notice as required by subsection (4) of this section; and
(iii) No party, as defined in RCW 11.96A.030, petitions the court under subsection (3) of this section; then:
(b)(i) The filing of the declaration will be the legal equivalent of the entry of a decree of distribution under chapter 11.76 RCW;
(ii) The amount of fees paid or to be paid will be deemed reasonable and will be approved;
(iii) The acts of the personal representative will be approved;
(iv) The personal representative, and any bond ensuring the proper actions of the personal representative, will be discharged; and
(v) The estate will be determined to have been properly and fully distributed and settled.
(3) If the personal representative provides the notice as required by subsection (4) of this section, then, within 30 days following the filing of a declaration of completion of probate under this section, any party, as defined in RCW 11.96A.030, may petition the court under chapter 11.96A RCW to enforce the party's rights, to review the reasonableness of the fees, and/or to compel the personal representative to close the estate under RCW 11.68.100.
(4) Within five days of the date of the filing of the declaration of completion, the personal representative or the personal representative's lawyer shall mail a copy of the declaration of completion to each party as defined in RCW 11.96A.030, who: (a) Has not waived notice of the filing, in writing, filed in the cause; and (b) either has not received the full amount of the distribution to which the party is entitled or has a property right that might be affected adversely by the discharge of the personal representative under this section, together with a notice which shall be substantially as follows:
CAPTION
OF
CASE
NOTICE OF FILING OF
DECLARATION OF COMPLETION
OF PROBATE
NOTICE IS GIVEN that the attached Declaration of Completion of Probate was filed by the undersigned in the above-entitled court on the . . . . day of . . . . . ., (year) . . . .; unless you petition the above-entitled court under chapter 11.96A RCW to enforce your rights, to review the reasonableness of the fees, and/or to compel the personal representative to close the estate under RCW 11.68.100, within thirty days after the date of the filing of the Declaration of Completion of Probate, the schedule of fees set forth in the Declaration of Completion of Probate will be deemed reasonable, the acts of the personal representative will be deemed approved and the payment of those fees will be approved, the personal representative (and any bond ensuring the proper action of the personal representative) will be automatically discharged without further order of the court, the estate will be deemed to have been properly and fully distributed and settled, and the Declaration of Completion of Probate will be final and deemed the equivalent of a Decree of Distribution entered under chapter 11.76 RCW.
. . . .
Personal Representative's Name
(5) If all parties as defined in RCW 11.96A.030 of the decedent entitled to notice under this section waive, in writing, the notice required by this section, the personal representative will be automatically discharged without further order of the court and the declaration of completion of probate will become effective as a decree of distribution upon the date of filing thereof. In those instances where the personal representative has been required to furnish bond, and a declaration of completion is filed pursuant to this section, any bond furnished by the personal representative shall be automatically discharged upon the discharge of the personal representative.
[ 2021 c 140 s 4014; 2016 c 202 s 8; 1998 c 292 s 202; 1997 c 252 s 68; 1990 c 180 s 5; 1985 c 30 s 8. Prior: 1984 c 149 s 11; 1977 ex.s. c 234 s 26; 1974 ex.s. c 117 s 23.]
Notes:
Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
Retroactive application—1998 c 292: "(1) Sections 201 through 205 of this act are remedial in nature and apply retroactively to July 27, 1997, and thereafter.
(2) Section 301 of this act is remedial in nature and applies retroactively to July 1, 1991, and thereafter." [ 1998 c 292 s 604.]
Effective dates—1998 c 292: See RCW 11.11.903.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
Effective date, application—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Declaration of completion of probate—Contents—Notice—Discharge of personal representative—Waiver of notice.


title: RCW 11.68.112

text:
If the declaration of completion of probate and the notice of filing of declaration of completion of probate state that the personal representative intends to make final distribution within five business days after the final date on which a party as defined in RCW 11.96A.030 entitled to notice under RCW 11.68.110 could file a petition under RCW 11.68.110(3), which date is referred to in this section as the "effective date of the declaration of completion," if the notice of filing of declaration of completion of probate sent to each party as defined in RCW 11.96A.030 entitled to notice under RCW 11.68.110 specifies the amount of the minimum distribution to be made to that party, and if no party as defined in RCW 11.96A.030 entitled to notice under RCW 11.68.110 petitions the court under RCW 11.68.110(3) within 30 days from the date of filing a declaration of completion of probate, the personal representative retains, for five business days following the effective date of the declaration of completion, the power to make the stated minimum distributions. In this case, the personal representative is discharged from all liability other than any liability relating to the actual distribution of the reserve, at the effective date of the declaration of completion. The personal representative is only discharged from liability for the distribution of the reserve when the whole reserve has been distributed and each beneficiary has received at least the distribution which that beneficiary's notice stated that the beneficiary would receive.
[ 2021 c 140 s 4015; 1997 c 252 s 69.]
Notes:
Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Final distribution upon declaration and notice of filing of declaration of completion of probate—Special powers of personal representative—Discharge from liability.


title: RCW 11.68.114

text:
(1) The personal representative retains the powers to: Deal with the taxing authority of any federal, state, or local government; hold a reserve in an amount not to exceed three thousand dollars, for the determination and payment of any additional taxes, interest, and penalties, and of all reasonable expenses related directly or indirectly to such determination or payment; pay from the reserve the reasonable expenses, including compensation for services rendered or goods provided by the personal representative or by the personal representative's employees, independent contractors, and other agents, in addition to any taxes, interest, or penalties assessed by a taxing authority; receive and hold any credit, including interest, from any taxing authority; and distribute the residue of the reserve to the intended beneficiaries of the reserve; if:
(a) In lieu of the statement set forth in RCW 11.68.110(1)(e), the declaration of completion of probate states that:
The personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be closed, except for the determination of taxes and of interest and penalties thereon as permitted under this section;
and
(b) The notice of the filing of declaration of completion of probate must be in substantially the following form:
CAPTION
NOTICE OF FILING OF
OF
DECLARATION OF COMPLETION
CASE
OF PROBATE
NOTICE IS GIVEN that the attached Declaration of Completion of Probate was filed by the undersigned in the above-entitled court on the . . . day of . . . . , . . . .; unless you petition the above-entitled court under chapter 11.96A RCW to enforce your rights, to review the reasonableness of the fees, and/or to compel the personal representative to close the estate under RCW 11.68.100, within thirty days after the date of the filing of the Declaration of Completion of Probate:
(i) The schedule of fees set forth in the Declaration of Completion of Probate will be deemed reasonable and the payment of those fees will be approved;
(ii) The Declaration of Completion of Probate will be final and deemed the equivalent of a Decree of Distribution entered under chapter 11.76 RCW;
(iii) The acts that the personal representative performed before the Declaration of Completion of Probate was filed will be deemed approved, and the personal representative will be automatically discharged without further order of the court with respect to all such acts; and
(iv) The personal representative will retain the power to deal with the taxing authorities, together with $. . . . for the determination and payment of all remaining tax obligations. Only that portion of the reserve that remains after the settlement of any tax liability, and the payment of any expenses associated with such settlement, will be distributed to the persons legally entitled to the reserve. The personal representative (and any bond ensuring the proper action of the personal representative) will be discharged from liability for the settlement of any tax obligations and the distribution of the reserve, and the personal representative's powers will cease, thirty days after the personal representative has mailed to those persons who would have shared in the distribution of the reserve had the reserve remained intact and has filed with the court copies of checks or receipts showing how the reserve was in fact distributed, unless a person with an interest in the reserve petitions the court earlier within the thirty-day period for an order requiring an accounting of the reserve or an order determining the reasonableness, or lack of reasonableness, of distributions made from the reserve.
. . . .
Personal Representative's Name
(2) If the requirements in subsection (1) of this section are met and if no party as defined in RCW 11.96A.030 entitled to notice under RCW 11.68.110 petitions the court under chapter 11.96A RCW to enforce the party's rights, to review the reasonableness of the fees, and/or to compel the personal representative to close the estate under RCW 11.68.100, within 30 days from the date of filing a declaration of completion of probate, the personal representative is discharged from all liability other than liability relating to the settlement of any tax obligations and the actual distribution of the reserve, at the final date on which a beneficiary could petition the court under subsection (1) of this section, which date is referred to in this section as the "effective date of the declaration of completion." The personal representative is discharged from liability for the settlement of any tax obligations and the distribution of the reserve, the personal representative's powers cease, and the declaration of completion of probate will be final and deemed the equivalent of a decree of distribution entered under chapter 11.76 RCW with respect to the distribution of the reserve, 30 days after the personal representative has mailed to those persons who would have shared in the distribution of the reserve had the reserve remained intact and has filed with the court copies of checks or receipts showing how the reserve was in fact distributed, unless a person with an interest in the reserve petitions the court earlier within the 30-day period for an order requiring an accounting of the reserve or an order determining the reasonableness, or lack of reasonableness, of distributions made from the reserve. If the personal representative has been required to furnish a bond, any bond furnished by the personal representative is automatically discharged upon the final discharge of the personal representative.
[ 2021 c 140 s 4016; 1998 c 292 s 203; 1997 c 252 s 70.]
Notes:
Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
Retroactive application—1998 c 292: See note following RCW 11.68.110.
Effective dates—1998 c 292: See RCW 11.11.903.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Declaration of completion of probate—Special powers of personal representative to hold reserve and deal with taxing authorities—Notice of filing of declaration—Discharge from liability.


title: RCW 11.68.120

text:
A personal representative who has acquired nonintervention powers in accordance with this chapter may present a matter, as defined in RCW 11.96A.030, to the court for resolution or for instructions under chapter 11.96A RCW at any time. A personal representative shall not be deemed to have waived the personal representative's nonintervention powers by seeking or obtaining any order or decree during the course of the administration of the estate.
[ 2021 c 140 s 4017; 2010 c 8 s 2059; 1974 ex.s. c 117 s 24.]
Notes:
Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Nonintervention powers not deemed waived by obtaining order or decree.


title: RCW 11.68.130

text:
(1) A personal representative with nonintervention powers has the power to construe and interpret the terms of a probated will, except as the probated will or an order of the court may otherwise direct.
(2) Unless otherwise provided in the probated will:
(a) A party, as defined in RCW 11.96A.030, may either petition the court under chapter 11.96A RCW to have an ambiguous provision of a probated will construed by the court or may otherwise address, resolve, and settle the matter under the procedures provided under chapter 11.96A RCW; and
(b) There is a rebuttable presumption that the construction of an ambiguous provision that is made by a personal representative with nonintervention powers is consistent with the intent of the testator.
(3) A party, as defined in RCW 11.96A.030, may commence an action to reform the terms of a will as provided in RCW 11.96A.125.
[ 2021 c 140 s 4007.]
Notes:
Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.

catchline: Power to construe and interpret will.


title: RCW 11.68.140

text:
A party to a transaction with a personal representative with nonintervention powers and the party's successors in interest are entitled to have it conclusively presumed that the transaction is necessary for the administration of the decedent's estate.
[ 2021 c 140 s 4012.]
Notes:
Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.

catchline: Party to transactions—Presumption of necessity.


title: RCW 11.68.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 34.]

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


title: RCW 11.72.002

text:
Upon application of the personal representative, with or without notice as the court may direct, the court may order the personal representative to deliver to any distributee who consents to it, possession of any specific real or personal property to which he or she is entitled under the terms of the will or by intestacy, provided that other distributees and claimants are not prejudiced thereby. The court may at any time prior to the decree of final distribution order him or her to return such property to the personal representative, if it is for the best interests of the estate. The court may require the distributee to give security for such return.
[ 2010 c 8 s 2060; 1965 c 145 s 11.72.002.]

catchline: Delivery of specific property to distributee before final decree.


title: RCW 11.72.006

text:
After the expiration of the time limited for the filing of claims and before final settlement of the accounts of the personal representative, a partial distribution may be decreed, with notice to interested persons, as the court may direct. Such distribution shall be as conclusive as a decree of final distribution with respect to the estate distributed except to the extent that other distributees and claimants are deprived of the fair share or amount which they would otherwise receive on final distribution. Before a partial distribution is so decreed, the court may require that security be given for the return of the property so distributed to the extent necessary to satisfy any distributees and claimants who may be prejudiced as aforesaid by the distribution. In the event of a request for a partial distribution asked by a person other than the personal representative of the estate, the costs of such proceedings and a reasonable allowance for attorneys fees shall be assessed against the applicant or applicants for the benefit of the estate.
[ 1965 c 145 s 11.72.006. Formerly RCW 11.72.010 through 11.72.070.]

catchline: Decree of partial distribution—Distribution of part of estate.


title: RCW 11.76.010

text:
(1) Not later than 30 days after the date of appointment, the personal representative shall make, verify by his or her oath, and file with the clerk of the court a report confirming notice to third parties. The report shall contain the names and addresses of each heir, legatee, devisee, beneficiary, and transferee to which the personal representative provided notice of their appointment and pendency of the probate in accordance with RCW 11.28.237, the details of the personal representative's search to identify such persons, and the date and manner in which notice was provided. The personal representative's report confirming notice to third parties shall be substantially in the following form:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR THE
COUNTY OF . . . . . . . . .
In the Matter of the Estate of:
. . . . . . . . . .,
Deceased
No. . . . . . . . .
DECLARATION AND REPORT OF . . . ., PERSONAL REPRESENTATIVE, CONFIRMING NOTICE TO THIRD PARTIES
(RCW 11.76.010(1))
I, . . . ., Personal Representative of the above-captioned estate, submit this declaration and report confirming that notice of my appointment and the pendency of this probate has been provided to all reasonably known heirs, legatees, devisees, beneficiaries, and transferees of this estate.
DECLARATION OF . . . .
I, . . . ., being over the age of 18 years, make the following declaration of my own personal knowledge and under penalty of perjury under the laws of the State of Washington.
1. I am the Personal Representative of the above-captioned estate.
2. I understand I have a duty to provide notice of my appointment, and notice of the pendency of this probate, to all reasonably known heirs, legatees, devisees, beneficiaries, and transferees of this estate.
3. In order to identify all heirs, legatees, devisees, beneficiaries, and transferees of this estate, I performed the following actions:
a. . . . .
b. . . . .
c. . . . .
4. As a result of the above actions, I identified the following persons, who represent all known heirs, legatees, devisees, beneficiaries, and transferees of this estate [include name, relationship to decedent, and address]:
a. . . . .
b. . . . .
c. . . . .
5. I provided notice of my appointment and the pendency of this probate to each of the above persons as follows [include date notice was provided, manner in which notice was provided, and any acknowledgment of notice received]:
a. . . . .
b. . . . .
c. . . . .
6. [If applicable, additional relevant information and affidavits regarding notice to third parties].
I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
SIGNED on [date] at [city, state]
_____________________
[Signature and name]
(2) Not later than 30 days after opening any financial account to collect and pay out sums on behalf of the estate, the personal representative shall make, verify by his or her oath, and file with the clerk of the court a report of the estate financial account. The report shall contain the date the account was opened, the financial institution holding the account, and each signatory on the account. The personal representative's report of the estate financial account shall be substantially in the following form:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR THE
COUNTY OF . . . . . . . . .
In the Matter of the Estate of:
. . . . . . .,
Deceased
No. . . . . . . . .
DECLARATION AND REPORT OF . . . ., PERSONAL REPRESENTATIVE, REGARDING ESTATE FINANCIAL ACCOUNT
(RCW 11.76.010(2))
I, . . . ., Personal Representative of the above-captioned estate, submit this declaration and report regarding the estate financial account opened to collect and pay out sums on behalf of this estate.
DECLARATION OF . . . .
I, . . . ., being over the age of 18 years, make the following declaration of my own personal knowledge and under penalty of perjury under the laws of the State of Washington.
1. I am the Personal Representative of the above-captioned estate.
2. On . . . ., an estate financial account was opened to collect and pay out sums on behalf of this estate.
3. The financial institution holding the estate financial account is . . . .
4. The signatory on the estate financial account is . . . .
5. [If applicable, additional relevant information regarding the estate financial account].
I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
SIGNED on [date] at [city, state]
_____________________
[Name of personal representative]
(3)(a) Not less frequently than annually from the date of appointment, unless a final report has theretofore been rendered, the personal representative shall make, verify by his or her oath, and file with the clerk of the court a report of the affairs of the estate. Such report shall contain a statement of the claims filed and allowed and all those rejected, and if it be necessary to sell, mortgage, lease, or exchange any property for the purpose of paying debts or settling any obligations against the estate or expenses of administration or allowance to the family, he or she may in such report set out the facts showing such necessity and ask for such sale, mortgage, lease, or exchange; such report shall likewise state the amount of property, real and personal, which has come into his or her hands, and give a detailed statement of all sums collected by him or her, and of all sums paid out, and it shall state such other things and matters as may be proper or necessary to give the court full information regarding any transactions by him or her done or which should be done.
(b) Regardless of the date of appointment, the court or any interested person may request that the personal representative file a report as described in this subsection (3). Unless the court finds that the request would impose an undue burden on the personal representative or orders the report be filed by a different date, the personal representative shall make, verify, and file with the clerk of the court such report not later than 90 days after such request. The personal representative shall not be required to file more than two such reports per year.
(4) The personal representative may at any time make, verify, and file any reports which in his or her judgment would be proper and shall make, verify, and file any other reports the court may order to be made.
(5) If the personal representative fails to timely file a report under this section, upon request of the court or any interested person, within 14 days the court shall hold a formal proceeding in which the personal representative shall appear and provide sworn testimony regarding the facts that would be contained within the report. The personal representative's failure to appear at the formal proceeding, failure to testify truthfully and completely at the formal proceeding, or repeated failure to timely file a report under this section, shall result in the court taking any action it deems just and proper to protect estate assets and rights of interested persons including, but not limited to, imposition of sanctions against the personal representative and revocation of the personal representative's letters. The personal representative or the court shall thereafter provide a copy of the court's order to each known heir, legatee, devisee, beneficiary, and transferee of the estate.
[ 2026 c 204 s 10; 2010 c 8 s 2061; 1965 c 145 s 11.76.010. Prior: 1917 c 156 s 159; RRS s 1529; prior: Code 1881 s 1544; 1854 p 296 s 167.]

catchline: Reports of personal representative—Forms—Contents—Failure to timely report.


title: RCW 11.76.020

text:
It shall not be necessary for the personal representative to give any notice of the hearing of any report prior to the final report, except as in RCW 11.28.240 provided, but the court may require notice of the hearing of any such report.
[ 1965 c 145 s 11.76.020. Prior: 1917 c 156 s 160; RRS s 1530.]

catchline: Notice of hearing—Settlement of report.


title: RCW 11.76.030

text:
(1) When the estate shall be ready to be closed, such personal representative shall make, verify, and file with the court his or her final report and petition for distribution. Such final report and petition shall, among other things, show that the estate is ready to be settled and shall show any moneys collected since the previous report, and any property which may have come into the hands of the personal representative since his or her previous report, and debts paid, and generally the condition of the estate at that time. It shall likewise set out the names and addresses, as nearly as may be, of all the legatees and devisees in the event there shall have been a will, and the names and addresses, as nearly as may be, of all the heirs who may be entitled to share in such estate, and shall give a particular description of all the property of the estate remaining undisposed of, and shall set out such other matters as may tend to inform the court of the condition of the estate, and it may ask the court for a settlement of the estate and distribution of property and the discharge of the personal representative. If the personal representative has been discharged without having legally closed the estate, without having legally obtained an adjudication as to the heirs, or without having legally procured a decree of distribution or final settlement the court may in its discretion upon petition of any person interested, cause all such steps to be taken in such estate as were omitted or defective.
(2) Unless the estate is closed earlier, the court may presume that the estate is ready to be closed 24 months after the personal representative's date of appointment. If the personal representative has not submitted his or her final report and petition for distribution within 24 months of appointment, upon request of the court or any interested person, the court shall order that the final report and petition for distribution be submitted by a date certain, which date may only be moved upon a showing of good cause. Such report shall be submitted by the personal representative and enforced by the court in the manner described in RCW 11.76.010 (4) and (5).
[ 2026 c 204 s 11; 2010 c 8 s 2062; 1965 c 145 s 11.76.030. Prior: 1917 c 156 s 161; RRS s 1531; prior: 1891 c 155 s 34; Code 1881 s 1556; 1873 p 305 s 251; 1854 p 297 s 178.]
Notes:
Discharge of personal representative for cause: RCW 11.28.160, 11.28.250.

catchline: Final report and petition for distribution—Contents.


title: RCW 11.76.040

text:
When such final report and petition for distribution, or either, has been filed, the court, or the clerk of the court, shall fix a day for hearing it which must be at least twenty days subsequent to the day of the publication as hereinafter provided. Notice of the time and place fixed for the hearing shall be given by the personal representative by publishing a notice thereof in a legal newspaper published in the county for one publication at least twenty days preceding the time fixed for the hearing. It shall state in substance that a final report and petition for distribution have, or either thereof has, been filed with the clerk of the court and that the court is asked to settle such report, distribute the property to the heirs or persons entitled thereto, and discharge the personal representative, and it shall give the time and place fixed for the hearing of such final report and petition and shall be signed by the personal representative or the clerk of the court.
Whenever a final report and petition for distribution, or either, shall have been filed in the estate of a decedent and a day fixed for the hearing of the same, the personal representative of such estate shall, not less than twenty days before the hearing, cause to be mailed a copy of the notice of the time and place fixed for hearing to each heir, legatee, devisee and distributee whose name and address are known to him or her, and proof of such mailing shall be made by affidavit and filed at or before the hearing.
[ 2010 c 8 s 2063; 1969 c 70 s 3; 1965 c 145 s 11.76.040. Prior: 1955 c 205 s 13; 1919 c 31 s 1; 1917 c 156 s 162; RRS s 1532. FORMER PART OF SECTION: re Notice of appointment as personal representative, now codified as RCW 11.28.237.]
Notes:
Request for special notice of proceedings in probate—Prohibitions: RCW 11.28.240.

catchline: Time and place of hearing—Notice.