title: RCW 11.76.050

text:
Upon the date fixed for the hearing of such final report and petition for distribution, or either thereof, or any day to which such hearing may have been adjourned by the court, if the court be satisfied that the notice of the time and place of hearing has been given as provided herein, it may proceed to the hearing aforesaid. Any person interested may file objections to the said report and petition for distribution, or may appear at the time and place fixed for the hearing thereof and present his or her objections thereto. The court may take such testimony as to it appears proper or necessary to determine whether the estate is ready to be settled, and whether the transactions of the personal representative should be approved, and to determine who are the legatees or heirs or persons entitled to have the property distributed to them, and the court shall, if it approves such report, and finds the estate ready to be closed, cause to be entered a decree approving such report, find and adjudge the persons entitled to the remainder of the estate, and that all debts have been paid, and by such decree shall distribute the real and personal property to those entitled to the same. Upon the production of receipts from the beneficiaries or distributees for their portions of the estate, the court shall, if satisfied with the correctness thereof, adjudge the estate closed and discharge the personal representative.
The court may, upon such final hearing, partition among the persons entitled thereto, the estate held in common and undivided, and designate and distribute their respective shares; or assign the whole or any part of said estate to one or more of the persons entitled to share therein. The person or persons to whom said estate is assigned shall pay or secure to the other parties interested in said estate their just proportion of the value thereof as determined by the court from the appraisement, or from any other evidence which the court may require.
If it shall appear to the court at or prior to any final hearing that the estate cannot be fairly divided, then the whole or any part of said estate may be sold or mortgaged in the manner provided by law for the sale or mortgaging of property by personal representatives and the proceeds thereof distributed to the persons entitled thereto as provided in the final decree.
The court shall have the authority to make partition, distribution and settlement of all estates in any manner which to the court seems right and proper, to the end that such estates may be administered and distributed to the persons entitled thereto. No estate shall be partitioned, nor sale thereof made where partition is impracticable except upon a hearing before the court and the court shall fix the values of the several pieces or parcels to be partitioned at the time of making such order of partition or sale; and may order the property sold and the proceeds distributed, or may order partition and distribute the several pieces or parcels, subject to such charges or burdens as shall be proper and equitable.
The provisions of this section shall be concurrent with and not in derogation of other statutes as to partition of property or sale.
[ 2010 c 8 s 2064; 1965 c 145 s 11.76.050. Prior: 1921 c 93 s 1; 1917 c 156 s 163; RRS s 1533; prior: Code 1881 s 1557; 1854 p 297 s 179.]
Notes:
Partition: Chapter 7.52 RCW.

catchline: Hearing on final report—Decree of distribution.


doc_type: statute

jurisdiction: wa

title: RCW 11.76.060

text:
If, at any hearing upon any report of any personal representative, it shall appear to the court before which said proceeding is pending that said personal representative has not fully accounted to the beneficiaries of his or her trust and that said report should not be approved as rendered, the court may continue said hearing to a day certain and may cite the surety upon the bond of said personal representative to appear upon the date fixed in said citation and show cause why the account should not be disapproved and judgment entered for any deficiency against said personal representative and the surety upon his or her bond. Said citation shall be personally served upon said surety in the manner provided by law for the service of summons in civil actions and shall be served not less than twenty days previous to said hearing. At said hearing any interested party, including the surety so cited, shall have the right to introduce any evidence which shall be material to the matter before the court. If, at said hearing, the report of said personal representative shall not be approved and the court shall find that said personal representative is indebted to the beneficiary of his or her trust in any amount, the court may thereupon enter final judgment against said personal representative and the surety upon his or her bond, which judgment shall be enforceable in the same manner and to the same extent as judgments in ordinary civil actions.
[ 2010 c 8 s 2065; 1965 c 145 s 11.76.060. Prior: 1937 c 28 s 1; RRS s 1590-1.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Continuance to cite in sureties on bond when account incorrect.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 11.76.070

text:
If, in any probate or guardianship proceeding, any personal representative shall fail or neglect to report to the court concerning his or her trust and any beneficiary or other interested party shall be reasonably required to employ legal counsel to institute legal proceedings to compel an accounting, or if an erroneous account or report shall be rendered by any personal representative and any beneficiary of said trust or other interested party shall be reasonably required to employ legal counsel to resist said account or report as rendered, and upon a hearing an accounting shall be ordered, or the account as rendered shall not be approved, and the said personal representative shall be charged with further liability, the court before which said proceeding is pending may, in its discretion, in addition to statutory costs, enter judgment for reasonable attorney's fees in favor of the person or persons instituting said proceedings and against said personal representative, and in the event that the surety or sureties upon the bond of said personal representative be made a party to said proceeding, then jointly against said surety and said personal representative, which judgment shall be enforced in the same manner and to the same extent as judgments in ordinary civil actions.
[ 2010 c 8 s 2066; 1965 c 145 s 11.76.070. Prior: 1937 c 28 s 2; RRS s 1590-2.]
Notes:
Rules of court: SPR 98.12W.

catchline: Attorney's fees to contestant of erroneous account or report.


title: RCW 11.76.080

text:
If there be any alleged incapacitated person interested in the estate who has no legally appointed conservator or limited conservator under RCW 11.130.360, the court:
(1) At any stage of the proceeding in its discretion and for such purpose or purposes as it shall indicate, may appoint; and
(2) For hearings held under RCW 11.54.010, 11.68.041, 11.68.100, and 11.76.050 or for entry of an order adjudicating testacy or intestacy and heirship when no personal representative is appointed to administer the estate of the decedent, shall appoint some disinterested person as guardian ad litem to represent the allegedly incapacitated person with reference to any petition, proceeding report, or adjudication of testacy or intestacy without the appointment of a personal representative to administer the estate of decedent in which the alleged incapacitated person may have an interest, who, on behalf of the alleged incapacitated person, may contest the same as any other person interested might contest it, and who shall be allowed by the court reasonable compensation for his or her services: PROVIDED, HOWEVER, That where a surviving spouse or surviving domestic partner is the sole beneficiary under the terms of a will, the court may grant a motion by the personal representative to waive the appointment of a guardian ad litem for a person who is the minor child of the surviving spouse or surviving domestic partner and the decedent and who is incapacitated solely for the reason of his or her being under eighteen years of age.
[ 2020 c 312 s 710; 2008 c 6 s 806; 1997 c 252 s 71; 1977 ex.s. c 80 s 15; 1974 ex.s. c 117 s 45; 1971 c 28 s 1; 1969 c 70 s 4; 1965 c 145 s 11.76.080. Prior: 1917 c 156 s 164; RRS s 1534; prior: Code 1881 s 1558; 1854 p 297 s 180.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.
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.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Representation of incapacitated person by guardian ad litem—Exception.


title: RCW 11.76.095

text:
When a decree of distribution is made by the court in administration upon a decedent's estate or when distribution is made by a personal representative under a nonintervention will and distribution is ordered under such decree or authorized under such nonintervention will to a person under the age of eighteen years, it shall be required that:
(1) The money be deposited in a bank or trust company or be invested in an account in an insured financial institution for the benefit of the minor subject to withdrawal only upon the order of the court in the original probate proceeding, or upon said minor's attaining the age of eighteen years and furnishing proof thereof satisfactory to the depositary;
(2) A general guardian shall be appointed and qualify and the money or property be paid or delivered to such guardian prior to the discharge of the personal representative in the original probate proceeding; or
(3) A custodian be selected and the money or property be transferred to the custodian subject to chapter 11.114 RCW.
[ 1997 c 252 s 72; 1991 c 193 s 28; 1988 c 29 s 5; 1974 ex.s. c 117 s 12; 1971 c 28 s 3; 1965 c 145 s 11.76.095.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Effective date—1991 c 193: See RCW 11.114.903.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Distribution of estates to minors.


title: RCW 11.76.100

text:
In rendering his or her accounts or reports the personal representative shall produce receipts or canceled checks for the expenses and charges which he or she shall have paid, which receipts shall be filed and remain in court until the probate has been completed and the personal representative has been discharged; however, he or she may be allowed any item of expenditure, not exceeding twenty dollars, for which no receipt is produced, if such item be supported by his or her own oath, but such allowances without receipts shall not exceed the sum of three hundred dollars in any one estate.
[ 2010 c 8 s 2067; 1987 c 363 s 2; 1965 c 145 s 11.76.100. Prior: 1917 c 156 s 170; RRS s 1540; prior: Code 1881 s 1553; 1854 p 297 s 176.]

catchline: Receipts for expenses from personal representative.


title: RCW 11.76.110

text:
Subject to federal preemption and the privileges and priorities allowed to encumbrances and liens under applicable law, the reasonable expenses of administration and the enforceable debts of the estate shall be paid in the following order:
(1) Expenses of administration.
(2) Funeral expenses in such amount as the court shall order or a personal representative with nonintervention powers shall determine to be reasonable.
(3) Expenses of the last sickness, in such amount as the court shall order or a personal representative with nonintervention powers shall determine to be reasonable.
(4) Wages due for labor performed within 60 days immediately preceding the death of decedent.
(5) Exemptions and awards under chapter 11.54 RCW.
(6) All other enforceable demands against the estate.
[ 2024 c 20 s 12; 2010 c 8 s 2068; 1965 c 145 s 11.76.110. Prior: 1917 c 156 s 171; RRS s 1541; prior: Code 1881 s 1562; 1860 p 213 s 264; 1854 p 298 s 184.]
Notes:
Effective date—Savings—2024 c 20: See notes following RCW 11.54.001.
Borrowing on general credit of estate: RCW 11.56.280.
Claims against estate: Chapter 11.40 RCW.
Sale, etc., of property—Priority as to realty or personalty: Chapter 11.10 RCW.
Tax constitutes debt—Priority of lien: RCW 82.32.240.
Wages, preference on death of employer: RCW 49.56.020.

catchline: Order of payment of debts.


title: RCW 11.76.120

text:
The preference given in RCW 11.76.110 to a mortgage, deed of trust, perfected security interest, judgment lien, or other lien shall only extend to the proceeds of the property subject to the lien.
[ 2024 c 20 s 13; 1965 c 145 s 11.76.120. Prior: 1917 c 156 s 172; RRS s 1542; prior: 1897 c 22 s 1; Code 1881 s 1653; 1854 p 298 s 185.]
Notes:
Effective date—Savings—2024 c 20: See notes following RCW 11.54.001.

catchline: Limitation on preference to mortgage or judgment.


title: RCW 11.76.130

text:
Personal representatives of the estate of any deceased person are hereby authorized to expend a reasonable amount out of the estate of the decedent to erect a monument or tombstone suitable to mark the grave or crypt of the said decedent, and the expense thereof shall be paid as the funeral expenses are paid.
[ 1965 c 145 s 11.76.130. Prior: 1917 c 156 s 175; RRS s 1545; prior: Code 1881 s 1555; 1875 p 127 s 1.]

catchline: Expense of monument.


title: RCW 11.76.150

text:
If the estate shall be insufficient to pay the debts of any class, each creditor shall be paid in proportion to his or her claim, and no other creditor of any lower class shall receive any payment until all those of the preceding class shall have been fully paid.
[ 2010 c 8 s 2069; 1965 c 145 s 11.76.150. Prior: 1917 c 156 s 174; RRS s 1544; prior: Code 1881 s 1564; 1854 p 298 s 186.]
Notes:
Appropriation to pay debts and expenses: Chapter 11.10 RCW.
Community property: Chapter 26.16 RCW.
Descent and distribution of real and personal estate: RCW 11.04.015.
Priority of sale, etc. as between realty and personalty: Chapter 11.10 RCW.

catchline: Payment of claims where estate insufficient.


title: RCW 11.76.160

text:
Whenever a decree shall have been made by the court for the payment of creditors, the personal representative shall be personally liable to each creditor for his or her claim or the dividend thereon, except when his or her inability to make the payment thereof from the property of the estate shall result without fault upon his or her part. The personal representative shall likewise be liable on his or her bond to each creditor.
[ 2010 c 8 s 2070; 1965 c 145 s 11.76.160. Prior: 1917 c 156 s 176; RRS s 1546; prior: 1891 c 155 s 35; Code 1881 s 1568; 1854 p 299 s 190.]

catchline: Liability of personal representative.


title: RCW 11.76.170

text:
If, after the accounts of the personal representative have been settled and the property distributed, it shall appear that there is a creditor or creditors whose claim or claims have been duly filed and not paid or disallowed, the said claim or claims shall not be a lien upon any of the property distributed, but the said creditor or creditors shall have a cause of action against the personal representative and his or her bond, for such an amount as such creditor or creditors would have been entitled to receive had the said claim been duly allowed and paid, and shall also have a cause of action against the distributees and creditors for a contribution from them in proportion to the amount which they have received. If the personal representative or his or her sureties be required to make any payment in this section provided for, he or she or they shall have a right of action against said distributees and creditors to compel them to contribute their just share.
[ 2010 c 8 s 2071; 1965 c 145 s 11.76.170. Prior: 1917 c 156 s 177; RRS s 1547; prior: Code 1881 s 1569; 1860 p 214 s 271; 1854 p 299 s 191.]

catchline: Action on claim not acted on—Contribution.


title: RCW 11.76.180

text:
If there be any claim not due the court may in its discretion, after hearing upon such notice as may be determined by it, mature such claim and direct that the same be paid in the due course of the administration.
[ 1965 c 145 s 11.76.180. Prior: 1917 c 156 s 178; RRS s 1548; prior: Code 1881 s 1567; 1854 p 298 s 189.]

catchline: Order maturing claim not due.


title: RCW 11.76.190

text:
If there be any contingent or disputed claim against the estate, the amount thereof, or such part thereof as the holder would be entitled to, if the claim were established or absolute, shall be paid into the court, where it shall remain to be paid over to the party when he or she shall become entitled thereto; or if he or she fails to establish his or her claim, to be paid over or distributed as the circumstances of the case may require.
[ 2010 c 8 s 2072; 1965 c 145 s 11.76.190. Prior: 1917 c 156 s 179; RRS s 1549; prior: Code 1881 s 1567; 1854 p 298 s 189.]

catchline: Procedure on contingent and disputed claim.


title: RCW 11.76.200

text:
When any estate has been or is about to be distributed by decree of the court as provided in this chapter, to any person who has not been located, the court shall appoint an agent for the purpose of representing the interests of such person and of taking possession and charge of said estate for the benefit of such absentee person: PROVIDED, That no public official may be appointed as agent under this section.
[ 1965 c 145 s 11.76.200. Prior: 1955 ex.s. c 7 s 1; 1917 c 156 s 165; RRS s 1535.]

catchline: Agent for absentee distributee.


title: RCW 11.76.210

text:
Such agent shall make, subscribe and file an oath for the faithful performance of his or her duties, and shall give a bond to the state, to be approved by the court, conditioned faithfully to manage and account for such estate, before he or she shall be authorized to receive any property of said estate.
[ 2010 c 8 s 2073; 1965 c 145 s 11.76.210. Prior: 1955 ex.s. c 7 s 2; 1917 c 156 s 166; RRS s 1536.]

catchline: Agent's bond.


title: RCW 11.76.220

text:
If the estate remains in the hands of the agent unclaimed for three years, any property not in the form of cash shall be sold under order of the court, and all funds, after deducting a reasonable sum for expenses and services of the agent, to be fixed by the court, shall be paid into the county treasury. The county treasurer shall issue triplicate receipts therefor, one of which shall be filed with the county auditor, one with the court, and one with the department of revenue. If the funds remain in the county treasury unclaimed for a period of four years and ninety days, the county treasurer shall forthwith remit them to the department of revenue for deposit in the state treasury in the fund in which escheats and forfeitures are by law required to be deposited.
[ 1975 1st ex.s. c 278 s 10; 1965 c 145 s 11.76.220. Prior: 1955 ex.s. c 7 s 4; 1917 c 156 s 167; RRS s 1537.]
Notes:
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Escheats: Chapter 11.08 RCW.

catchline: Sale of unclaimed estate—Remittance of proceeds to department of revenue.


title: RCW 11.76.230

text:
The agent shall be liable on his or her bond for the care and preservation of the estate while in his or her hands, and for the payment of the funds to the county treasury, and may be sued thereon by any person interested including the state.
[ 2010 c 8 s 2074; 1965 c 145 s 11.76.230. Prior: 1955 ex.s. c 7 s 5; 1917 c 156 s 168; RRS s 1538.]

catchline: Liability of agent.


title: RCW 11.76.240

text:
During the time the estate is held by the agent, or within four years after it is delivered to the county treasury, claim may be made thereto only by the absentee person or his or her legal representative, excepting that if it clearly appears that such person died prior to the decedent in whose estate distribution was made to him or her, but leaving lineal descendants surviving, such lineal descendants may claim. If any claim to the estate is made during the period specified above, the claimant shall forthwith notify the department of revenue in writing of such claim. The court, being first satisfied as to the right of such person to the estate, and after the filing of a clearance from the department of revenue, shall order the agent, or the county treasurer, as the case may be, to forthwith deliver the estate, or the proceeds thereof, if sold, to such person.
[ 2010 c 8 s 2075; 1975 1st ex.s. c 278 s 11; 1965 c 145 s 11.76.240. Prior: 1955 ex.s. c 7 s 6; 1917 c 156 s 169; RRS s 1539.]
Notes:
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.

catchline: Claimant to proceeds of sale.


title: RCW 11.76.243

text:
If no person appears to claim the estate within four years after it is delivered to the county treasury, as provided by RCW 11.76.240, any heirs of the absentee person may institute probate proceedings on the estate of such absentee within ninety days thereafter. The fact that no claim has been made to the estate by the absentee person during the specified time shall be deemed prima facie proof of the death of such person for the purpose of issuing letters of administration in his or her estate. In the event letters of administration are issued within the period provided above, the county treasurer shall make payment of the funds held by him or her to the administrator upon being furnished a certified copy of the letters of administration.
[ 2010 c 8 s 2076; 1965 c 145 s 11.76.243. Prior: 1955 ex.s. c 7 s 7.]

catchline: Heirs may institute probate proceedings if no claimant appears.


title: RCW 11.76.245

text:
After any time limitation prescribed in RCW 11.76.220, 11.76.240 or 11.76.243, the absentee claimant may, at any time, if the assets of the estate have not been claimed under the provisions of RCW 11.76.240 and 11.76.243, notify the department of revenue of his or her claim to the estate, and file in the court which had jurisdiction of the original probate a petition claiming the assets of the estate. The department of revenue may appear in answer to such petition. Upon proof being made to the probate court that the claimant is entitled to the estate assets, the court shall render its judgment to that effect and the assets shall be paid to the claimant without interest, upon appropriation made by the legislature.
[ 2010 c 8 s 2077; 1975 1st ex.s. c 278 s 12; 1965 c 145 s 11.76.245. Prior: 1955 ex.s. c 7 s 8.]
Notes:
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.

catchline: Procedure when claim made after time limitation.


title: RCW 11.76.247

text:
After the entry of the decree of distribution in the probate proceedings the court shall retain jurisdiction for the purpose of carrying out the provisions of RCW 11.76.200, 11.76.210, 11.76.220, 11.76.230, 11.76.240, 11.76.243 and 11.76.245.
[ 1965 c 145 s 11.76.247. Prior: 1955 ex.s. c 7 s 3.]

catchline: When court retains jurisdiction after entry of decree of distribution.


title: RCW 11.76.250

text:
A final settlement of the estate shall not prevent a subsequent issuance of letters of administration, should other property of the estate be discovered, or if it should become necessary and proper from any cause that letters should be again issued.
[ 1965 c 145 s 11.76.250. Prior: 1917 c 156 s 180; RRS s 1550; prior: Code 1881 s 1603; 1854 p 304 s 224.]

catchline: Letters after final settlement.


title: RCW 11.80.010

text:
Whenever it shall be made to appear by petition to any judge of the superior court of any county that there is property in such county, either real or personal, that requires care and attention, or is in such a condition that it is a menace to the public health, safety or welfare, or that the custodian of such property appointed by the owner thereof is either unable or unwilling to continue longer in the care and custody thereof, and that the owner of such property has absented himself or herself from the county and that his or her whereabouts is unknown and cannot with reasonable diligence be ascertained, or that the absentee owner is a person defined in RCW 11.80.120, which petition shall state the name of the absent owner, his or her approximate age, his or her last known place of residence, the circumstances under which he or she left and the place to which he or she was going, if known, his or her business or occupation and his or her physical appearance and habits so far as known, the judge to whom such petition is presented shall set a time for hearing such petition not less than six weeks from the date of filing, and shall by order direct that a notice of such hearing be published for three successive weeks in a legal newspaper published in the county where such petition is filed and in such other counties and states as will in the judgment of the court be most likely to come to the attention of the absentee or of persons who may know his or her whereabouts, which notice shall state the object of the petition and the date of hearing, and set forth such facts and circumstances as in the judgment of the court will aid in identifying the absentee, and shall contain a request that all persons having knowledge concerning the absentee shall advise the court of the facts: PROVIDED, HOWEVER, That the court may, upon the filing of said petition, appoint a temporary trustee, who shall have the powers, duties and qualifications of a special administrator.
If it shall appear at such hearing that the whereabouts of the absentee is unknown, but there is reason to believe that upon further investigation and inquiry he or she may be found, the judge may continue the hearing and order such inquiry and advertisement as will in his or her discretion be liable to disclose the whereabouts of the absentee, but when it shall appear to the judge at such hearing or any adjournment thereof that the whereabouts of the absentee cannot be ascertained, he or she shall appoint a suitable person resident of the county as trustee of such property, taking into consideration the character of the property and the fitness of such trustee to care for the same, preferring in such appointment the spouse or the domestic partner of the absentee to his or her presumptive heirs, the presumptive heirs to kin more remote, the kin to strangers, and creditors to those who are not otherwise interested, provided they are fit persons to have the care and custody of the particular property in question and will accept the appointment and qualify as hereinafter provided.
[ 2008 c 6 s 932; 1972 ex.s. c 83 s 1; 1965 c 145 s 11.80.010. Prior: 1915 c 39 s 1; RRS s 1715-1.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Special administrators: Chapter 11.32 RCW.


title: RCW 11.80.020

text:
The trustee so appointed shall make, subscribe and file in the office of the clerk of the court an oath for the faithful performance of his or her duties, and shall, within such time as may be fixed by the judge, prepare and file an inventory of such property, and the judge shall thereupon appoint a disinterested and qualified person to appraise such property, and report his or her appraisement to the court within such time as the court may fix. Upon the coming in of the inventory and appraisement, the judge shall fix the amount of the bond to be given by the trustee, which bond shall in no case be less than the appraised value of the personal property and the annual rents and profits of the real property, and the trustee shall thereupon file with the clerk of the court a good and sufficient bond in the amount fixed and with surety to be approved by the court, conditioned for the faithful performance of his or her duties as trustee, and for accounting for such property, its rents, issues, profits, and increase.
[ 2010 c 8 s 2078; 1967 c 168 s 15; 1965 c 145 s 11.80.020. Prior: 1915 c 39 s 2; RRS s 1715-2.]

catchline: Inventory and appraisement—Bond of trustee.


title: RCW 11.80.030

text:
The trustee shall, at the expiration of one year from the date of his or her appointment and annually thereafter and at such times as the court may direct, make and file a report and account of his or her trusteeship, setting forth specifically the amounts received and expended and the conditions of the property.
[ 2010 c 8 s 2079; 1965 c 145 s 11.80.030. Prior: 1915 c 39 s 3; RRS s 1715-3.]

catchline: Reports of trustee.


title: RCW 11.80.040

text:
If necessary to pay debts against the absentee which have been duly approved and allowed in the same form and manner as provided for the approving and allowing of claims against the estate of a deceased person or for such other purpose as the court may deem proper for the preservation of the estate, the trustee may sell, lease, or mortgage real or personal property of the estate under order of the court so to do, which order shall specify the particular property affected and the method, whether by public sale, private sale, or by negotiation, and the terms thereof, and the trustee shall hold the proceeds of such sale, after deducting the necessary expenses thereof, subject to the order of the court. The trustee is authorized and empowered to, by order of the court, expend the proceeds received from the sale of such property, and also the rents, issues, and profits accruing therefrom in the care, maintenance, and upkeep of the property, so long as the trusteeship shall continue, and the trustee shall receive out of such property such compensation for his or her services and those of his or her attorney as may be fixed by the court. The notices and procedures in conducting sales, leases, and mortgages hereunder shall be as provided in chapter 11.56 RCW.
[ 2010 c 8 s 2080; 1965 c 145 s 11.80.040. Prior: 1915 c 39 s 4; RRS s 1715-4.]
Notes:
Rules of court: SPR 98.12W.

catchline: Sale of property—Application of proceeds and income.


title: RCW 11.80.050

text:
Whenever a petition is filed in said estate from which it appears to the satisfaction of the court that the owner of such property left a spouse or domestic partner, child or children, dependent upon such absentee for support or upon the property in the estate of such absentee, either in whole or in part, the court shall hold a hearing on said petition, after such notice as the court may direct, and upon such hearing shall enter such order as it deems advisable and may order an allowance to be paid out of any of the property of such estate, either community or separate, as the court shall deem reasonable and necessary for the support and maintenance of such dependent or dependents, pending the return of the absentee, or until such time as the property of said estate may be provisionally distributed to the presumptive heirs or to the devisees and legatees. Such allowance shall be paid by the trustee to such persons and in such manner and at such periods of time as the court may direct. For the purpose of carrying out the provisions of this section the court may direct the sale of any of the property of the estate, either real or personal, in accordance with the provisions of RCW 11.80.040.
[ 2008 c 6 s 933; 1965 c 145 s 11.80.050. Prior: 1925 ex.s. c 80 s 1; RRS s 1715-4a.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

catchline: Allowance for support of dependents—Sale of property.


title: RCW 11.80.055

text:
Upon a showing of advantage to the estate of the absentee, the court may authorize the trustee to continue any business of the absentee in accordance with the provisions of RCW 11.48.025. The trustee may also obtain an order allowing the performance of the absentee's contracts in accordance with the provisions of chapter 11.60 RCW.
[ 1965 c 145 s 11.80.055.]

catchline: Continuation of absentee's business—Performance of absentee's contracts.


title: RCW 11.80.060

text:
The court shall have the power to remove or to accept the resignation of such trustee and appoint another in his or her stead. At the termination of his or her trust, as hereinafter provided or in case of his or her resignation or removal, the trustee shall file a final account, which account shall be settled in the manner provided by law for settling the final accounts of personal representatives.
[ 2010 c 8 s 2081; 1965 c 145 s 11.80.060. Prior: 1915 c 39 s 5; RRS s 1715-5.]

catchline: Removal or resignation of trustee—Final account.


title: RCW 11.80.070

text:
Such trusteeship shall continue until such time as the owner of such property shall return or shall appoint a duly authorized agent or attorney-in-fact to care for such property, or until such time as the property shall be provisionally distributed to the presumptive heirs, or to the devisees and legatees of the absentee as hereinafter provided, or until such time as the property shall escheat to the state as hereinafter provided.
[ 1965 c 145 s 11.80.070. Prior: 1915 c 39 s 6; RRS s 1715-6.]

catchline: Period of trusteeship.


title: RCW 11.80.080

text:
Whenever the owner of such property shall have been absent from the county for the space of five years and his or her whereabouts are unknown and cannot with reasonable diligence be ascertained, his or her presumptive heirs at law may apply to the court for an order of provisional distribution of such property, and to be let into provisional possession thereof: PROVIDED, That such provisional distribution may be made at any time prior to the expiration of five years, when it shall be made to appear to the satisfaction of the court that there are strong presumptions that the absentee is dead; and in determining the question of presumptive death, the court shall take into consideration the habits of the absentee, the motives of and the circumstances surrounding the absence, and the reasons which may have prevented the absentee from being heard of.
Notice of hearing upon application for provisional distribution shall be published in like manner as notices for the appointment of trustees are published.
If the absentee left a will in the possession of any person such person shall present such will at the time of hearing of the application for provisional distribution and if it shall be made to appear to the court that the absentee has left a will and the person in possession thereof shall fail to present it, a citation shall issue requiring him or her so to do, and such will shall be opened, read, proven, filed, and recorded in the case, as are the wills of decedents.
[ 2010 c 8 s 2082; 1965 c 145 s 11.80.080. Prior: 1915 c 39 s 7; RRS s 1715-7.]
Notes:
Notice for appointment of trustees: RCW 11.80.010.

catchline: Provisional distribution—Notice of hearing—Will.


title: RCW 11.80.090

text:
If it shall appear to the satisfaction of the court upon the hearing of the application for provisional distribution that the absentee has been absent and his or her whereabouts unknown for the space of five years, or there are strong presumptions that he or she is dead, the court shall enter an order directing that the property in the hands of the trustee shall be provisionally distributed to the presumptive heirs, or to the devisees and legatees under the will, as the case may be, upon condition that such heirs, devisees, and legatees respectively give and file in the court bonds with good and sufficient surety to be approved by the court, conditioned for the return of or accounting for the property provisionally distributed in case the absentee shall return and demand the same, which bonds shall be respectively in twice the amount of the value of the personal property distributed, and in ten times the amount of estimated annual rents, issues, and profits of any real property so provisionally distributed.
[ 2010 c 8 s 2083; 1965 c 145 s 11.80.090. Prior: 1915 c 39 s 8; RRS s 1715-8.]


title: RCW 11.80.100

text:
Whenever the owner of such property shall have been absent from the county for a space of seven years and his or her whereabouts are unknown and cannot with reasonable diligence be ascertained, his or her presumptive heirs at law or the legatees and devisees under the will, as the case may be, to whom the property has been provisionally distributed, may apply to the court for a decree of final distribution of such property and satisfaction, discharge and exoneration of the bonds given upon provisional distribution. Notice of hearing of such application shall be given in the same manner as notice of hearing of application for the appointment of trustee and for provisional distribution and if at the final hearing it shall appear to the satisfaction of the court that the owner of the property has been absent and unheard of for the space of seven years and his or her whereabouts are unknown, the court shall exonerate the bonds given on provisional distribution and enter a decree of final distribution, distributing the property to the presumptive heirs at law of the absentee or to his or her devisees and legatees, as the case may be.
[ 2010 c 8 s 2084; 1965 c 145 s 11.80.100. Prior: 1915 c 39 s 9; RRS s 1715-9.]

catchline: Final distribution—Notice of hearing—Decree.


title: RCW 11.80.110

text:
Whenever the owner of such property for which a trustee has been appointed under the provisions of this chapter shall have been absent and unheard of for a period of seven years and no presumptive heirs at law have appeared and applied for the provisional distribution of such property and no will of the absentee has been presented and proven, the trustee appointed under the provisions of the chapter shall apply to the court for a final settlement of his or her account and upon the settlement of such final account the property of the absentee shall be escheated in the manner provided by law for escheating property of persons who die intestate leaving no heirs.
[ 2010 c 8 s 2085; 1965 c 145 s 11.80.110. Prior: 1915 c 39 s 10; RRS s 1715-10.]
Notes:
Escheats: Chapter 11.08 RCW.
Revised uniform unclaimed property act: Chapter 63.30 RCW.

catchline: Escheat for want of presumptive heirs.


title: RCW 11.80.120

text:
Any person serving in or with the armed forces of the United States, in or with the Red Cross, or in or with the merchant marine or otherwise, during any period of time when a state of hostilities exists between the United States and any other power and for one year thereafter, who has been reported or listed as missing in action, or interned in a neutral country, or captured by the enemy, shall be an "absentee" within the meaning of this chapter.
[ 1972 ex.s. c 83 s 2.]

catchline: Personnel missing in action, interned, or captured construed as "absentee."


title: RCW 11.80.130

text:
(1) If the spouse or domestic partner of any absentee owner, or his or her next of kin, if said absentee has no spouse or domestic partner, shall wish to sell or transfer any property of the absentee which has a gross value of less than five thousand dollars, or shall require the consent of the absentee in any matter regarding the absentee's children, or any other matter in which the gross value of the subject matter is less than five thousand dollars, such spouse or such domestic partner or next of kin may apply to the superior court for an order authorizing said sale, transfer, or consent without opening a full trustee proceeding as provided in this chapter. The applicant may make the application without the assistance of an attorney. Said application shall be made by petition on the following form, which form shall be made readily available to the applicant by the clerk of the superior court.
IN THE SUPERIOR COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
. . . .,









Plaintiff,
vs.
No. . . . .
. . . .,
PETITION FOR
Defendant.
SUMMARY
. . . .
RELIEF
Petitioner, . . . . . ., whose residence is . . . . . . . . ., and . . . . . . . . ., Washington, and who is the . . . . . . of the absentee, . . . . . ., states that the absentee has been . . . . . . . . . since . . . . . ., when . . . . . . . . . Petitioner desires to sell/transfer . . . . . . of the value of . . . . . ., because . . . . . . . . . The terms of the sale/transfer are . . . . . . . . . Petitioner requires the consent of the absentee for the purpose of . . . . . . . . .
. . . .
Petitioner
(Affidavit of Acknowledgment)
(2) The court may, without notice, enter an order on said petition if it deems the relief requested in said petition necessary to protect the best interests of the absentee or his or her dependents.
(3) Such order shall be prima facie evidence of the validity of the proceedings and the authority of the petitioner to make a conveyance or transfer of the property or to give the absentee's consent in any manner described by subsection (1) of this section.
[ 2008 c 6 s 926; 1972 ex.s. c 83 s 3.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

catchline: Summary procedure without full trustee proceeding—When permitted—Application for order—Form.


title: RCW 11.84.010

text:
As used in this chapter:
(1) "Abuser" means any person who participates, either as a principal or an accessory before the fact, in the willful and unlawful financial exploitation of a vulnerable adult.
(2) "Decedent" means:
(a) Any person whose life is taken by a slayer; or
(b) Any deceased person who, at any time during life in which he or she was a vulnerable adult, was the victim of financial exploitation by an abuser.
(3) "Financial exploitation" has the same meaning as provided in RCW 74.34.020, as enacted or hereafter amended.
(4) "Property" includes any real and personal property and any right or interest therein.
(5) "Slayer" means any person who participates, either as a principal or an accessory before the fact, in the willful and unlawful killing of any other person as determined under RCW 11.84.140.
(6) "Vulnerable adult" has the same meaning as provided in RCW 74.34.020.
[ 2016 c 211 s 1; 2009 c 525 s 1; 1965 c 145 s 11.84.010. Prior: 1955 c 141 s 1.]
Notes:
Short title—2016 c 211: "This act may be known and cited as Carol's law." [ 2016 c 211 s 3.]

catchline: Definitions.


title: RCW 11.84.020

text:
No slayer or abuser shall in any way acquire any property or receive any benefit as the result of the death of the decedent, but such property shall pass as provided in the sections following.
[ 2009 c 525 s 2; 1965 c 145 s 11.84.020. Prior: 1955 c 141 s 2.]

catchline: Slayer or abuser not to benefit from death.


title: RCW 11.84.025

text:
Proceeds payable to a slayer or abuser as the beneficiary of any benefits flowing from one of the retirement systems listed in RCW 41.50.030, by virtue of the decedent's membership in the department of retirement systems or by virtue of the death of decedent, shall be paid instead as designated in RCW 41.04.273.
[ 2009 c 525 s 3; 1998 c 292 s 502.]
Notes:
Application—Conflict with federal requirements—1998 c 292: See notes following RCW 41.04.273.
Effective dates—1998 c 292: See RCW 11.11.903.

catchline: Disposition of retirement system proceeds payable to slayer or abuser.


title: RCW 11.84.030

text:
The slayer or abuser shall be deemed to have predeceased the decedent as to property which would have passed from the decedent or his or her estate to the slayer or abuser under the statutes of descent and distribution or have been acquired by statutory right as surviving spouse or surviving domestic partner or under any agreement made with the decedent under the provisions of RCW 26.16.120 as it now exists or is hereafter amended.
[ 2009 c 525 s 4; 2008 c 6 s 624; 1965 c 145 s 11.84.030. Prior: 1955 c 141 s 3.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

catchline: Slayer or abuser deemed to predecease decedent.


title: RCW 11.84.040

text:
Property which would have passed to or for the benefit of the slayer or abuser by devise or legacy from the decedent shall be distributed as if he or she had predeceased the decedent.
[ 2009 c 525 s 5; 1965 c 145 s 11.84.040. Prior: 1955 c 141 s 4.]

catchline: Distribution of decedent's property.


title: RCW 11.84.050

text:
(1) One-half of any property held by the slayer or abuser and the decedent as joint tenants, joint owners or joint obligees shall pass upon the death of the decedent to his or her estate, and the other half shall pass to his or her estate upon the death of the slayer or abuser, unless the slayer or abuser obtains a separation or severance of the property or a decree granting partition.
(2) As to property held jointly by three or more persons, including the slayer or abuser and the decedent, any enrichment which would have accrued to the slayer or abuser as a result of the death of the decedent shall pass to the estate of the decedent. If the slayer or abuser becomes the final survivor, one-half of the property shall immediately pass to the estate of the decedent and the other half shall pass to his or her estate upon the death of the slayer or abuser, unless the slayer or abuser obtains a separation or severance of the property or a decree granting partition.
(3) The provisions of this section shall not affect any enforceable agreement between the parties or any trust arising because a greater proportion of the property has been contributed by one party than by the other.
[ 2009 c 525 s 6; 1965 c 145 s 11.84.050. Prior: 1955 c 141 s 5.]

catchline: Distribution of property held jointly with slayer or abuser.


title: RCW 11.84.060

text:
Property in which the slayer holds a reversion or vested remainder and would have obtained the right of present possession upon the death of the decedent shall pass to the estate of the decedent during the period of the life expectancy of decedent; if he or she held the particular estate or if the particular estate is held by a third person it shall remain in his or her hands for such period.
[ 2010 c 8 s 2086; 1965 c 145 s 11.84.060. Prior: 1955 c 141 s 6.]

catchline: Reversion and vested remainder.


title: RCW 11.84.070

text:
Any interest in property whether vested or not, held by the slayer or abuser, subject to be divested, diminished in any way or extinguished, if the decedent survives him or her or lives to a certain age, shall be held by the slayer or abuser during his or her lifetime or until the decedent would have reached such age, but shall then pass as if the decedent had died immediately thereafter.
[ 2009 c 525 s 7; 1965 c 145 s 11.84.070. Prior: 1955 c 141 s 7.]

catchline: Property subject to divestment, etc.


title: RCW 11.84.080

text:
As to any contingent remainder or executory or other future interest held by the slayer or abuser, subject to become vested in him or her or increased in any way for him or her upon the condition of the death of the decedent:
(1) If the interest would not have become vested or increased if he or she had predeceased the decedent, he or she shall be deemed to have so predeceased the decedent;
(2) In any case the interest shall not be vested or increased during the period of the life expectancy of the decedent.
[ 2009 c 525 s 8; 1965 c 145 s 11.84.080. Prior: 1955 c 141 s 8.]

catchline: Contingent remainders and future interests.


title: RCW 11.84.090

text:
(1) Property appointed by the will of the decedent to or for the benefit of the slayer or abuser shall be distributed as if the slayer or abuser had predeceased the decedent.
(2) Property held either presently or in remainder by the slayer or abuser, subject to be divested by the exercise by the decedent of a power of revocation or a general power of appointment shall pass to the estate of the decedent, and property so held by the slayer or abuser, subject to be divested by the exercise by the decedent of a power of appointment to a particular person or persons or to a class of persons, shall pass to such person or persons, or in equal shares to the members of such class of persons, exclusive of the slayer or abuser.
[ 2009 c 525 s 9; 1965 c 145 s 11.84.090. Prior: 1955 c 141 s 9.]

catchline: Property appointed—Powers of revocation or appointment.


title: RCW 11.84.100

text:
(1) Insurance proceeds payable to the slayer or abuser as the beneficiary or assignee of any policy or certificate of insurance on the life of the decedent, or as the survivor of a joint life policy, shall be paid instead to the estate of the decedent, unless the policy or certificate designate some person other than the slayer or abuser or his or her estate as secondary beneficiary to him or her and in which case such proceeds shall be paid to such secondary beneficiary in accordance with the applicable terms of the policy.
(2) If the decedent is beneficiary or assignee of any policy or certificate of insurance on the life of the slayer or abuser, the proceeds shall be paid to the estate of the decedent upon the death of the slayer or abuser, unless the policy names some person other than the slayer or abuser or his or her estate as secondary beneficiary, or unless the slayer or abuser by naming a new beneficiary or assigning the policy performs an act which would have deprived the decedent of his or her interest in the policy if he or she had been living.
[ 2009 c 525 s 10; 1965 c 145 s 11.84.100. Prior: 1955 c 141 s 10.]

catchline: Insurance proceeds.


title: RCW 11.84.110

text:
Any insurance company making payment according to the terms of its policy or any bank or other person performing an obligation for the slayer or abuser as one of several joint obligees shall not be subjected to additional liability by the terms of this chapter if such payment or performance is made without written notice, at its home office or at an individual's home or business address, of the killing by a slayer or financial exploitation by an abuser.
[ 2009 c 525 s 11; 1965 c 145 s 11.84.110. Prior: 1955 c 141 s 11.]

catchline: Payment by insurance company, bank, etc.—No additional liability.


title: RCW 11.84.120

text:
The provisions of this chapter shall not affect the rights of any person who, before the interests of the slayer or abuser have been adjudicated, purchases or has agreed to purchase, from the slayer or abuser for value and without notice property which the slayer or abuser would have acquired except for the terms of this chapter, but all proceeds received by the slayer or abuser from such sale shall be held by him or her in trust for the persons entitled to the property under the provisions of this chapter, and the slayer or abuser shall also be liable both for any portion of such proceeds which he or she may have dissipated and for any difference between the actual value of the property and the amount of such proceeds.
[ 2009 c 525 s 12; 1965 c 145 s 11.84.120. Prior: 1955 c 141 s 12.]

catchline: Rights of persons without notice dealing with slayer or abuser.


title: RCW 11.84.130

text:
Any record of conviction for having participated in the willful and unlawful killing of the decedent or for conduct constituting financial exploitation against the decedent, including but not limited to theft, forgery, fraud, identity theft, robbery, burglary, or extortion, shall be admissible in evidence against a claimant of property in any civil proceeding arising under this chapter.
[ 2009 c 525 s 13; 1965 c 145 s 11.84.130. Prior: 1955 c 141 s 13.]
Notes:
Evidence, proof of public documents: Chapter 5.44 RCW; Rules of court: CR 44.

catchline: Record of conviction as evidence against claimant of property.


title: RCW 11.84.140

text:
(1) A final judgment of conviction for the willful and unlawful killing of the decedent is conclusive for purposes of determining whether a person is a slayer under this section. A finding of not guilty by reason of insanity for the willful and unlawful killing of the decedent carries the same meaning as a judgment of conviction.
(2) In the absence of a criminal conviction or a finding of not guilty by reason of insanity, a superior court finding by a preponderance of the evidence that a person participated in the willful and unlawful killing of the decedent is conclusive for purposes of determining whether a person is a slayer under this section.
[ 2016 c 211 s 2; 2009 c 525 s 14.]
Notes:
Short title—2016 c 211: See note following RCW 11.84.010.

catchline: Slayer determination—Conviction—Preponderance of evidence.


title: RCW 11.84.150

text:
(1) A final judgment of conviction for conduct constituting financial exploitation against the decedent, including but not limited to theft, forgery, fraud, identity theft, robbery, burglary, or extortion, is conclusive for purposes of determining whether a person is an abuser under this section.
(2) In the absence of a criminal conviction, a superior court finding by clear, cogent, and convincing evidence that a person participated in conduct constituting financial exploitation against the decedent is conclusive for purposes of determining whether a person is an abuser under this section.
[ 2009 c 525 s 15.]

catchline: Abuser determination—Conviction—Clear, cogent, and convincing evidence.


title: RCW 11.84.160

text:
(1) In determining whether a person is an abuser for purposes of this chapter, the court must find by clear, cogent, and convincing evidence that:
(a) The decedent was a vulnerable adult at the time the alleged financial exploitation took place; and
(b) The conduct constituting financial exploitation was willful action or willful inaction causing injury to the property of the vulnerable adult.
(2) A finding of abuse by the department of social and health services is not admissible for any purpose in any claim or proceeding under this chapter.
(3) Except as provided in subsection (2) of this section, evidence of financial exploitation is admissible if it is not inadmissible pursuant to the rules of evidence.
[ 2009 c 525 s 16.]

catchline: Abuser determination—Evidence factors.


title: RCW 11.84.170

text:
Notwithstanding the provisions of this chapter:
(1) An abuser is entitled to acquire or receive an interest in property or any other benefit described in this chapter if the court determines by clear, cogent, and convincing evidence that the decedent:
(a) Knew of the financial exploitation; and
(b) Subsequently ratified his or her intent to transfer the property interest or benefit to that person.
(2) The court may consider the record of proceedings and in its discretion allow an abuser to acquire or receive an interest in property or any other benefit described in this chapter in any manner the court deems equitable. In determining what is equitable, the court may consider, among other things:
(a) The various elements of the decedent's dispositive scheme;
(b) The decedent's likely intent given the totality of the circumstances; and
(c) The degree of harm resulting from the abuser's financial exploitation of the decedent.
[ 2009 c 525 s 17.]

catchline: Abuser—When entitled to property interest.


title: RCW 11.84.180

text:
The provisions of this act are supplemental to, and do not derogate from, any other statutory or common law proceedings, theories, or remedies including, but not limited to, the common law allocation of the burden of proof or production among the parties.
[ 2009 c 525 s 21.]

catchline: Application—Relation to other laws.


title: RCW 11.84.900

text:
This chapter shall be construed broadly to effect the policy of this state that no person shall be allowed to profit by his or her own wrong, wherever committed.
[ 2010 c 8 s 2087; 1998 c 292 s 503; 1965 c 145 s 11.84.900. Prior: 1955 c 141 s 14.]
Notes:
Application—Conflict with federal requirements—1998 c 292: See notes following RCW 41.04.273.
Effective dates—1998 c 292: See RCW 11.11.903.

catchline: Chapter to be construed broadly.


title: RCW 11.86.011

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Beneficiary" means the person entitled, but for the person's disclaimer, to take an interest.
(2) "Creator of the interest" means a person who establishes, declares, or otherwise creates an interest.
(3)(a) "Date of the transfer" means:
(i) For an inter vivos transfer, the date of the creation of the interest; or
(ii) For a transfer upon the death of the creator of the interest, the date of the death of the creator.
(b) A joint tenancy interest of a deceased joint tenant is deemed to be transferred at the death of the joint tenant rather than at the creation of the joint tenancy.
(4) "Disclaimant" means a beneficiary who executes a disclaimer on his or her own behalf or a person who executes a disclaimer on behalf of a beneficiary.
(5) "Disclaimer" means any writing which declines, refuses, renounces, or disclaims any interest that would otherwise be taken by a beneficiary.
(6) "Interest" includes the whole of any property, real or personal, legal or equitable, or any fractional part, share, or particular portion or specific assets thereof, any vested or contingent interest in any such property, any power to appoint, consume, apply, or expend property, or any other right, power, privilege, or immunity relating to property. "Interest" includes, but is not limited to, an interest created in any of the following manners:
(a) By intestate succession;
(b) Under a will;
(c) Under a trust;
(d) By succession to a disclaimed interest;
(e) By virtue of an election to take against a will;
(f) By creation of a power of appointment;
(g) By exercise or nonexercise of a power of appointment;
(h) By an inter vivos gift, whether outright or in trust;
(i) By surviving the death of a depositor of a trust or P.O.D. account within the meaning of *RCW 30.22.040;
(j) Under an insurance or annuity contract;
(k) By surviving the death of another joint tenant;
(l) Under an employee benefit plan;
(m) Under an individual retirement account, annuity, or bond;
(n) Under a community property agreement;
(o) By surviving the death of a transferor of a transfer on death deed; or
(p) Any other interest created by any testamentary or inter vivos instrument or by operation of law.
(7) "Person" means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, or other entity.
[ 2014 c 58 s 22; 1989 c 34 s 1.]
Notes:
Reviser's note: *(1) RCW 30.22.040 was recodified as RCW 30A.22.040 pursuant to 2014 c 37 s 4, effective January 5, 2015.
(2) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Uniformity of application and construction—Relation to electronic signatures in global and national commerce act—2014 c 58: See RCW 64.80.903 and 64.80.904.

catchline: Definitions.


title: RCW 11.86.021

text:
(1) A beneficiary may disclaim an interest in whole or in part, or with reference to specific parts, shares or assets, in the manner provided in RCW 11.86.031.
(2) Likewise, a beneficiary may so disclaim through an agent or attorney so authorized by written instrument.
(3) A personal representative, guardian, attorney-in-fact if authorized under a durable power of attorney under chapter 11.125 RCW, or other legal representative of the estate of a minor, incompetent, or deceased beneficiary, may so disclaim on behalf of the beneficiary, with or without court order, if:
(a) The legal representative deems the disclaimer to be in the best interests of those interested in the estate of the beneficiary and of those who take the disclaimed interest because of the disclaimer, and not detrimental to the best interests of the beneficiary; and
(b) In the case of a conservatorship, no order has been issued under RCW 11.130.435 determining that the disclaimer is not in the best interests of the beneficiary.
[ 2020 c 312 s 711; 2016 c 209 s 402; 1989 c 34 s 2.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Short title—Application—Uniformity—Federal law application—Federal electronic signatures in global and national commerce act—Application—Dates—Effective date—2016 c 209: See RCW 11.125.010 and 11.125.900 through 11.125.903.

catchline: Disclaimer of interest authorized.


title: RCW 11.86.031

text:
(1) The disclaimer must:
(a) Be in writing;
(b) Be signed by the disclaimant;
(c) Identify the interest to be disclaimed; and
(d) State the disclaimer and the extent thereof.
(2) The disclaimer must be delivered or mailed as provided in subsection (3) of this section at any time after the creation of the interest, but in all events by nine months after the latest of:
(a) The date the beneficiary attains the age of twenty-one years;
(b) The date of the transfer;
(c) The date that the beneficiary is finally ascertained and the beneficiary's interest is indefeasibly vested; or
(d) December 17, 2010, if the date of the transfer is the date of the death of the creator of the interest and the creator dies after December 31, 2009, and before December 18, 2010.
(3) The disclaimer shall be mailed by first-class mail, or otherwise delivered, to the creator of the interest, the creator's legal representative, or the holder of the legal title to the property to which the interest relates or, if the creator is dead and there is no legal representative or holder of legal title, to the person having possession of the property.
(4) If the date of the transfer is the date of the death of the creator of the interest, a copy of the disclaimer may be filed with the clerk of the probate court in which the estate of the creator is, or has been, administered, or, if no probate administration has been commenced, then with the clerk of the court of any county provided by law as the place for probate administration of such person, where it shall be indexed under the name of the decedent in the probate index upon the payment of a fee established under *RCW 36.18.016.
(5) The disclaimer of an interest in real property may be recorded, but shall constitute notice to all persons only from and after the date of recording. If recorded, a copy of the disclaimer shall be recorded in the office of the auditor in the county or counties where the real property is situated.
[ 2011 c 113 s 3; 1995 c 292 s 4; 1989 c 34 s 3.]
Notes:
*Reviser's note: The fee specified in RCW 36.18.016 for the filing of a disclaimer was deleted by section 18, chapter 457, Laws of 2005.
Finding—Retroactive application—Application—Construction—Effective date—2011 c 113: See notes following RCW 11.108.090.

catchline: Contents of disclaimer—Time and filing requirements—Fee.


title: RCW 11.86.041

text:
(1) Unless the instrument creating an interest directs to the contrary, the interest disclaimed shall pass as if the beneficiary had died immediately prior to the date of the transfer of the interest. The disclaimer shall relate back to this date for all purposes.
(2) Unless the beneficiary provides otherwise in the disclaimer, in addition to the interests disclaimed, the beneficiary shall also be deemed to have disclaimed the minimum of all interests in the disclaimed property necessary to make the disclaimer a qualified disclaimer for purposes of section 2518 of the Internal Revenue Code.
(3) Any future interest taking effect in possession or enjoyment after termination of the interest disclaimed takes effect as if the beneficiary had died prior to the date of the beneficiary's final ascertainment as a beneficiary and the indefeasible vesting of the interest.
(4) The disclaimer is binding upon the beneficiary and all persons claiming through or under the beneficiary.
(5) Unless the instrument creating the interest directs to the contrary, a beneficiary whose interest in a devise or bequest under a will has been disclaimed shall be deemed to have died for purposes of RCW 11.12.110.
(6) In the case of a disclaimer of property over which the disclaimant has any power to direct the beneficial enjoyment of the disclaimed property, the disclaimant shall also be deemed to have disclaimed any power to direct the beneficial enjoyment of the disclaimed property, unless the power is limited by an ascertainable standard relating to the health, education, support, or maintenance of any person as described in section 2041 or 2514 of the Internal Revenue Code and applicable regulations adopted under those sections. This subsection applies unless the disclaimer specifically provides otherwise. This subsection shall not be deemed to otherwise prevent such a disclaimant from acting as trustee or personal representative over disclaimed property.
[ 1999 c 43 s 1; 1997 c 252 s 73; 1991 c 7 s 1; 1989 c 34 s 4.]
Notes:
Retroactive application—1999 c 43: "This act applies retroactively to all disclaimers made after December 31, 1997." [ 1999 c 43 s 2.]
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Disposition of disclaimed interest.


title: RCW 11.86.051

text:
(1) A beneficiary may not disclaim an interest if:
(a) The beneficiary has accepted the interest or a benefit thereunder;
(b) The beneficiary has assigned, conveyed, encumbered, pledged, or otherwise transferred the interest, or has contracted therefor;
(c) The interest has been sold or otherwise disposed of pursuant to judicial process; or
(d) The beneficiary has waived the right to disclaim in writing. The written waiver of the right to disclaim also is binding upon all persons claiming through or under the beneficiary.
(2) Notwithstanding the provisions of subsection (1)(a) through (c) of this section, a beneficiary's receipt of a benefit from property shall not necessarily bar such beneficiary's disclaimer of an interest in the same property when, prior to the date of the transfer of the interest to be disclaimed, the beneficiary already owned an interest in such property in joint tenancy, as community property, or otherwise. Any such receipt, in the absence of clear and convincing evidence to the contrary, shall be presumed to be an enjoyment or use of the interest the beneficiary already owned, and only after such interest and any benefit from such interest have been exhausted, shall the beneficiary be deemed to have received or accepted any part of the interest to be disclaimed.
[ 2000 c 24 s 1; 1989 c 34 s 5.]

catchline: When disclaimer barred—Exception.


title: RCW 11.86.061

text:
A beneficiary may disclaim under this chapter notwithstanding any limitation on the interest of the beneficiary in the nature of a spendthrift provision or similar restriction.
[ 1989 c 34 s 6.]

catchline: Effect of spendthrift or similar restriction.


title: RCW 11.86.071

text:
No legal representative of a creator of the interest, holder of legal title to property an interest in which is disclaimed, or person having possession of the property shall be liable for any otherwise proper distribution or other disposition made without actual knowledge of the disclaimer, or in reliance upon the disclaimer and without actual knowledge that the disclaimer is barred as provided in RCW 11.86.051.
[ 1989 c 34 s 7.]

catchline: Liability for distribution—Effect of disclaimer.


title: RCW 11.86.080

text:
This chapter shall not abridge the right of any person, apart from this chapter, under any existing or future statute or rule of law, to disclaim any interest or to assign, convey, release, renounce or otherwise dispose of any interest.
[ 1973 c 148 s 9.]

catchline: Rights under other statutes or rules not abridged.


title: RCW 11.86.090

text:
Any interest which exists on June 7, 1973 but which has not then become indefeasibly vested, or the taker of which has not then become finally ascertained, or of the existence of the transfer of which the beneficiary lacks knowledge, may be disclaimed after June 7, 1973 in the manner provided in RCW 11.86.031. However, for the purposes of RCW 11.86.031(2), the date on which the beneficiary first knows of the existence of the transfer shall be deemed to be the date of the transfer.
[ 1989 c 34 s 8; 1973 c 148 s 10.]

catchline: Interests existing on June 7, 1973.


title: RCW 11.90.010

text:
This chapter may be cited as the uniform adult guardianship and protective proceedings jurisdiction act.
[ 2009 c 81 s 1.]
Notes:
Effective date—2009 c 81: "This act takes effect January 1, 2010." [ 2009 c 81 s 24.]

catchline: Short title.


title: RCW 11.90.020

text:
In this chapter:
(1) "Adult" means an individual who has attained eighteen years of age.
(2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 11.130 RCW, and includes a conservator appointed by the court in another state.
(3) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under chapter 11.130 RCW, and includes a guardian appointed by the court in another state.
(4) "Guardianship order" means an order appointing a guardian.
(5) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(6) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
(7) "Person," except in the term person under a guardianship, person under a conservatorship, or protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(8) "Person subject to a guardianship" means an adult for whom a guardian has been appointed.
(9) "Protected person" means an adult for whom a protective order has been issued.
(10) "Protective order" means an order appointing a conservator or other order related to management of an adult's property.
(11) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.
(12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.
(14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
[ 2020 c 312 s 501; 2009 c 81 s 2.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2009 c 81: See note following RCW 11.90.010.


title: RCW 11.90.030

text:
A court of this state may treat a foreign country as if it were a state for the purpose of applying this chapter.
[ 2009 c 81 s 3.]
Notes:
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Foreign country treatment.


title: RCW 11.90.040

text:
(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (2) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(2) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
[ 2009 c 81 s 4.]
Notes:
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Communications with out-of-state courts.


title: RCW 11.90.050

text:
(1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(a) Hold an evidentiary hearing;
(b) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(c) Order that an evaluation or assessment be made of the respondent;
(d) Order any appropriate investigation of a person involved in a proceeding;
(e) Forward to the court of this state a certified copy of the transcript or other record of a hearing under (a) of this subsection or any other proceeding, any evidence otherwise produced under (b) of this subsection, and any evaluation or assessment prepared in compliance with an order under (c) or (d) of this subsection;
(f) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;
(g) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. Sec. 164.504.
(2) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (1) of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
[ 2009 c 81 s 5.]
Notes:
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Requests between in-state and out-of-state courts.


title: RCW 11.90.060

text:
(1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(2) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
[ 2009 c 81 s 6.]
Notes:
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Testimony and documentary evidence from another state.


title: RCW 11.90.200

text:
(1) In this chapter:
(a) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.
(b) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.
(c) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(2) In determining under RCW 11.90.220 and 11.90.400(5) whether a respondent has a significant connection with a particular state, the court shall consider:
(a) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(b) The length of time the respondent at any time was physically present in the state and the duration of any absence;
(c) The location of the respondent's property; and
(d) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
[ 2009 c 81 s 7.]
Notes:
Effective date—2009 c 81: See note following RCW 11.90.010.


title: RCW 11.90.210

text:
This chapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult under chapter 11.130 RCW.
[ 2020 c 312 s 712; 2009 c 81 s 8.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Exclusive jurisdictional basis.


title: RCW 11.90.220

text:
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) This state is the respondent's home state;
(2) On the date the petition is filed, this state is a significant-connection state and:
(a) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(b) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(i) A petition for an appointment or order is not filed in the respondent's home state;
(ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) The court in this state concludes that it is an appropriate forum under the factors set forth in RCW 11.90.250;
(3) This state does not have jurisdiction under either subsection (1) or (2) of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(4) The requirements for special jurisdiction under RCW 11.90.230 are met.
[ 2009 c 81 s 9.]
Notes:
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Appointing a guardian or issuing a protective order.


title: RCW 11.90.230

text:
(1) A court of this state lacking jurisdiction under RCW 11.90.220 has special jurisdiction to do any of the following:
(a) Appoint a guardian in an emergency for a term not exceeding sixty days for a respondent who is physically present in this state;
(b) Issue a protective order with respect to real or tangible personal property located in this state if a petition for appointment of a guardian or a conservator for the respondent is pending or has been approved in another state;
(c) Appoint a guardian or conservator for a person under a guardianship, person under a conservatorship, or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to RCW 11.90.400.
(2) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
[ 2020 c 312 s 502; 2009 c 81 s 10.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Special jurisdiction.


title: RCW 11.90.240

text:
Except as otherwise provided in RCW 11.90.230, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
[ 2009 c 81 s 11.]
Notes:
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Exclusive jurisdiction for court appointing a guardian or issuing a protective order.


title: RCW 11.90.250

text:
(1) A court of this state having jurisdiction under RCW 11.90.220 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(2) If a court of this state declines to exercise its jurisdiction under subsection (1) of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(a) Any expressed preference of the respondent;
(b) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(c) The length of time the respondent was physically present in or was a legal resident of this or another state;
(d) The distance of the respondent from the court in each state;
(e) The financial circumstances of the respondent's estate;
(f) The nature and location of the evidence;
(g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(h) The familiarity of the court of each state with the facts and issues in the proceeding; and
(i) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
[ 2020 c 312 s 503; 2009 c 81 s 12.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: In-state court declining jurisdiction.


title: RCW 11.90.260

text:
(1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(a) Decline to exercise jurisdiction;
(b) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(c) Continue to exercise jurisdiction after considering:
(i) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(ii) Whether it is a more appropriate forum than the court of any other state under the factors set forth in RCW 11.90.250(3); and
(iii) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of RCW 11.90.220.
(2) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorneys' fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
[ 2009 c 81 s 13.]
Notes:
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Jurisdiction required by unjustifiable conduct.


title: RCW 11.90.270

text:
If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
[ 2009 c 81 s 14.]
Notes:
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Notice of petition requirements when not respondent's home state on filing date.


title: RCW 11.90.280

text:
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under RCW 11.90.230(1) (a) or (b), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under RCW 11.90.220, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to RCW 11.90.220 before the appointment or issuance of the order.
(2) If the court in this state does not have jurisdiction under RCW 11.90.220, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
[ 2009 c 81 s 15.]
Notes:
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Rules when guardian appointment or protective order petition is filed in Washington and another state.


title: RCW 11.90.400

text:
(1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(2) Notice of a petition under subsection (1) of this section must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(3) On the court's own motion or on request of the guardian or conservator, the person under a guardianship, person under a conservatorship, or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (1) of this section.
(4) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(a) The person under a guardianship is physically present in or is reasonably expected to move permanently to the other state;
(b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the person under a guardianship; and
(c) Plans for care and services for the person under a guardianship in the other state are reasonable and sufficient.
(5) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(a) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in RCW 11.90.200(2);
(b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(c) Adequate arrangements will be made for management of the protected person's property.
(6) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(a) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to RCW 11.90.410; and
(b) The documents required to terminate a guardianship or conservatorship in this state.
[ 2020 c 312 s 504; 2009 c 81 s 16.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Procedure for transfer of guardianship or conservatorship to an out-of-state court.


title: RCW 11.90.410

text:
(1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to RCW 11.90.400, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer.
(2) Notice of a petition under subsection (1) of this section must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.
(3) On the court's own motion or on request of the guardian or conservator, the person under a guardianship, person under a conservatorship, or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (1) of this section.
(4) The court shall issue an order provisionally granting a petition filed under subsection (1) of this section unless:
(a) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the person under a guardianship, person under a conservatorship, or protected person; or
(b) The guardian or conservator is ineligible for appointment in this state.
(5) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to RCW 11.90.400 transferring the proceeding to this state.
(6) Not later than ninety days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.
(7) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the person under a guardianship, person under a conservatorship, or protected person's incapacity and the appointment of the guardian or conservator.
(8) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
[ 2020 c 312 s 505; 2009 c 81 s 17.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Procedures for transfer of guardianship or conservatorship to Washington.


title: RCW 11.90.420

text:
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
[ 2009 c 81 s 18.]
Notes:
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Registering out-of-state guardianship.


title: RCW 11.90.430

text:
If a guardian of the estate or conservator has been appointed in another state and a petition for a protective order is not pending in this state, the guardian of the estate or conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
[ 2009 c 81 s 19.]
Notes:
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Registering an out-of-state protective order.


title: RCW 11.90.440

text:
(1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(2) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.
[ 2009 c 81 s 20.]
Notes:
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Enforcement of guardianship or protective order from another state.


title: RCW 11.90.450

text:
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2009 c 81 s 21.]
Notes:
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Uniformity.


title: RCW 11.90.460

text:
This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2009 c 81 s 22.]
Notes:
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Application of the federal electronic signatures in global and national commerce act.


title: RCW 11.90.470

text:
(1) This chapter applies to guardianship and protective proceedings filed on or after January 1, 2010.
(2) RCW 11.90.010 through 11.90.060 and 11.90.400 through 11.90.460 apply to proceedings filed before January 1, 2010, regardless of whether a guardianship or protective order has been issued.
[ 2009 c 81 s 23.]
Notes:
Effective date—2009 c 81: See note following RCW 11.90.010.

catchline: Application.


title: RCW 11.95A.001

text:
This chapter may be known and cited as the uniform powers of appointment act.
[ 2021 c 140 s 3101.]

catchline: Short title.


title: RCW 11.95A.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Appointee" means a person to which a powerholder makes an appointment of appointive property.
(2) "Appointive property" means the property or property interest subject to a power of appointment.
(3) "Blanket-exercise clause" means a clause in an instrument which exercises a power of appointment and is not a specific-exercise clause. The term includes a clause that:
(a) Expressly uses the words "any power" in exercising any power of appointment the powerholder has;
(b) Expressly uses the words "any property" in appointing any property over which the powerholder has a power of appointment; or
(c) Disposes of all property subject to disposition by the powerholder.
(4) "Donor" means a person that creates a power of appointment.
(5) "Exclusionary power of appointment" means a power of appointment exercisable in favor of any one or more of the permissible appointees to the exclusion of the other permissible appointees.
(6) "General power of appointment" means a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.
(7) "Gift-in-default clause" means a clause identifying a taker in default of appointment.
(8) "Impermissible appointee" means a person that is not a permissible appointee.
(9) "Instrument" means a record.
(10) "Nongeneral power of appointment" means a power of appointment that is not a general power of appointment.
(11) "Permissible appointee" means a person in whose favor a powerholder may exercise a power of appointment.
(12) "Person" means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(13) "Power of appointment" means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. The term does not include a power of attorney.
(14) "Powerholder" means a person in which a donor creates a power of appointment.
(15) "Presently exercisable power of appointment" means a power of appointment exercisable by the powerholder at the relevant time. The term:
(a) Includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after:
(i) The occurrence of the specified event;
(ii) The satisfaction of the ascertainable standard; or
(iii) The passage of the specified time; and
(b) Does not include a power exercisable only at the powerholder's death.
(16) "Specific-exercise clause" means a clause in an instrument which specifically refers to and exercises a particular power of appointment.
(17) "Taker in default of appointment" means a person that takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment.
(18) "Terms of the instrument" means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding.
[ 2021 c 140 s 3102.]

catchline: Definitions.


title: RCW 11.95A.020

text:
Unless the terms of the instrument creating a power of appointment manifest a contrary intent:
(1) The creation, revocation, or amendment of the power is governed by the law of the donor's domicile at the time the action is taken; and
(2) The exercise, release, lapse, or disclaimer of the power, or the revocation or amendment of the exercise, release, lapse, or disclaimer of the power, is governed by the law of the powerholder's domicile at the time the action is taken.
[ 2021 c 140 s 3103.]

catchline: Governing law.