title: RCW 11.140.180

text:
(1) If a transaction, including a declaration with respect to or a transfer of specific property, otherwise satisfies applicable law, the criteria of RCW 11.140.020 are satisfied by:
(a) The execution and either delivery to the custodial trustee or recording of an instrument in substantially the following form:
TRANSFER UNDER THE WASHINGTON UNIFORM CUSTODIAL TRUST ACT
I, . . . . . (name of transferor or name and representative capacity if a fiduciary), transfer to . . . . . (name of trustee other than transferor), as custodial trustee for . . . . . (name of beneficiary) as beneficiary and . . . . . (name of distributee) as distributee on termination of the trust in absence of direction by the beneficiary under the Washington uniform custodial trust act, the following:
. . . . .
. . . . .
(insert a description of the custodial trust property legally sufficient to identify and transfer each item of property)
Dated: . . . (date)
. . . . .
(Signature); or
(b) The execution and the recording or giving notice of its execution to the beneficiary of an instrument in substantially the following form:
DECLARATION OF TRUST UNDER THE WASHINGTON UNIFORM CUSTODIAL TRUST ACT
I, . . . . . (name of owner of property), declare that henceforth I hold as custodial trustee for . . . . . (name of beneficiary other than transferor) as beneficiary and . . . . . (name of distributee) as distributee on termination of the trust in absence of direction by the beneficiary under the Washington uniform custodial trust act, the following:
. . . . .
. . . . .
(insert a description of the custodial trust property legally sufficient to identify and transfer each item of property)
Dated: . . . (date)
. . . . .
(Signature)
(2) Customary methods of transferring or evidencing ownership of property may be used to create a custodial trust, including any of the following:
(a) Registration of a security in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act";
(b) Delivery of a certificated security, or a document necessary for the transfer of an uncertificated security, together with any necessary endorsement, to an adult other than the transferor or to a trust company as custodial trustee, accompanied by an instrument in substantially the form prescribed in subsection (1)(a) of this section;
(c) Payment of money or transfer of a security held in the name of a broker or a financial institution or its nominee to a broker or financial institution for credit to an account in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act";
(d) Registration of ownership of a life or endowment insurance policy or annuity contract with the issuer in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act";
(e) Delivery of a written assignment to an adult other than the transferor or to a trust company whose name in the assignment is designated in substance by the words: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act";
(f) Irrevocable exercise of a power of appointment, pursuant to its terms, in favor of a trust company, an adult other than the donee of the power, or the donee who holds the power if the beneficiary is other than the donee, whose name in the appointment is designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act";
(g) Delivery of a written notification or assignment of a right to future payment under a contract to an obligor which transfers the right under the contract to a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, whose name in the notification or assignment is designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act";
(h) Execution, delivery, and recordation of a conveyance of an interest in real property in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act";
(i) Issuance of a certificate of title by an agency of a state or of the United States which evidences title to tangible personal property:
(A) Issued in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act"; or
(B) Delivered to a trust company or an adult other than the transferor or endorsed by the transferor to that person, designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act"; or
(j) Execution and delivery of an instrument of gift to a trust company or an adult other than the transferor, designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act."
[ 2025 c 111 s 18.]

catchline: Methods and forms for creating custodial trusts.


doc_type: statute

jurisdiction: wa

title: RCW 11.140.900

text:
(1) This chapter applies to a transfer or declaration creating a custodial trust that refers to this chapter if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in this state or custodial trust property is located in this state. The custodial trust remains subject to this chapter despite a later change in residence or principal place of business of the transferor, beneficiary, or custodial trustee, or removal of the custodial trust property from this state.
(2) A transfer made pursuant to an act of another state substantially similar to this chapter is governed by the law of that state and may be enforced in this state.
[ 2025 c 111 s 19.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Applicable law.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 11.140.910

text:
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
[ 2025 c 111 s 20.]

catchline: Uniformity of application and construction.


title: RCW 11.18.200

text:
(1) Unless expressly exempted by statute, a beneficiary of a nonprobate asset that was subject to satisfaction of the decedent's general liabilities immediately before the decedent's death takes the asset subject to liabilities, claims, estate taxes, and the fair share of expenses of administration reasonably incurred by the personal representative in the transfer of or administration upon the asset. The beneficiary of such an asset is liable to account to the personal representative to the extent necessary to satisfy liabilities, claims, the asset's fair share of expenses of administration, and the asset's share of any applicable estate taxes under chapter 83.110A RCW. Before making demand that a beneficiary of a nonprobate asset account to the personal representative, the personal representative must give notice to the beneficiary, in the manner provided in chapter 11.96A RCW, that the beneficiary is liable to account under this section.
(2) The following rules govern in applying subsection (1) of this section:
(a) A beneficiary of property passing at death under a community property agreement takes the property subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section. However, assets existing as community or separate property immediately before the decedent's death under the community property agreement are subject to the decedent's liabilities and claims to the same extent that they would have been had they been assets of the probate estate.
(b) A beneficiary of property held in joint tenancy form with right of survivorship, including without limitation United States savings bonds or similar obligations, takes the property subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section to the extent of the decedent's beneficial ownership interest in the property immediately before death.
(c) A beneficiary of payable-on-death or trust bank accounts, bonds, securities, or similar obligations, including without limitation United States bonds or similar obligations, takes the property subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section, to the extent of the decedent's beneficial ownership interest in the property immediately before death.
(d) A beneficiary of a transfer on death deed or of deeds or conveyances made by the decedent if possession has been postponed until the death of the decedent takes the property subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section, to the extent of the decedent's beneficial ownership interest in the property immediately before death.
(e) A trust for the decedent's use of which the decedent is the grantor is subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section, to the same extent as the trust was subject to claims of the decedent's creditors immediately before death under RCW 19.36.020.
(f) A trust not for the use of the grantor but of which the decedent is the grantor and that becomes effective or irrevocable only upon the decedent's death is subject to the decedent's claims, liabilities, estate taxes, and expenses of administration as described in subsection (1) of this section.
(g) Anything in this section to the contrary notwithstanding, nonprobate assets that existed as community property immediately before the decedent's death are subject to the decedent's liabilities and claims to the same extent that they would have been had they been assets of the probate estate.
(h) The liability of a beneficiary of life insurance is governed by chapter 48.18 RCW.
(i) The liability of a beneficiary of pension or retirement employee benefits is governed by chapter 6.15 RCW.
(j) An inference may not be drawn from (a) through (i) of this subsection that a beneficiary of nonprobate assets other than those assets specifically described in (a) through (i) of this subsection does or does not take the assets subject to claims, liabilities, estate taxes, and administration expenses as described in subsection (1) of this section.
(3) Nothing in this section derogates from the rights of a person interested in the estate to recover any applicable estate tax under chapter 83.110A RCW or from the liability of any beneficiary for estate tax under chapter 83.110A RCW.
(4) Nonprobate assets that may be responsible for the satisfaction of the decedent's general liabilities and claims abate together with the probate assets of the estate in accord with chapter 11.10 RCW.
[ 2014 c 58 s 21; 1999 c 42 s 605; 1997 c 252 s 3; 1994 c 221 s 19.]
Notes:
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.
Effective date—1999 c 42: See RCW 11.96A.902.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Liability of beneficiary of nonprobate asset—Abatement.


title: RCW 11.20.010

text:
Any person having the custody or control of any will shall, within thirty days after he or she shall have received knowledge of the death of the testator, deliver said will to the court having jurisdiction or to the person named in the will as executor, and any executor having in his or her custody or control any will shall within forty days after he or she received knowledge of the death of the testator deliver the same to the court having jurisdiction. Any person who shall wilfully violate any of the provisions of this section shall be liable to any party aggrieved for the damages which may be sustained by such violation.
[ 2010 c 8 s 2015; 1965 c 145 s 11.20.010. Prior: 1917 c 156 s 9; RRS s 1379; prior: Code 1881 ss 1342, 1343; 1863 p 212 s 78; 1860 p 174 s 45.]
Notes:
Refusal to serve as executor: RCW 11.28.010.

catchline: Duty of custodian of will—Liability.


title: RCW 11.20.020

text:
(1) Applications for the probate of a will and for letters testamentary, or either, may be made to the judge of the court having jurisdiction and the court may immediately hear the proofs and either probate or reject such will as the testimony may justify. Upon such hearing the court shall make and cause to be entered a formal order, either establishing and probating such will, or refusing to establish and probate the same, and such order shall be conclusive except in the event of a contest of such will as hereinafter provided. All testimony in support of the will shall be reduced to writing, signed by the witnesses, and certified by the judge of the court. If the application for probate of a will does not request the appointment of a personal representative and the court enters an adjudication of testacy establishing such will no further administration shall be required except as commenced pursuant to RCW 11.28.330 or 11.28.340.
(2) In addition to the foregoing procedure for the proof of wills, any or all of the attesting witnesses to a will may, at the request of the testator or, after his or her decease, at the request of the executor or any person interested under it, make an affidavit before any person authorized to administer oaths, stating such facts as they would be required to testify to in court to prove such will, which affidavit may be written on the will or may be affixed or logically associated with the will or a photographic copy of the will or an electronic will. The sworn statement of any witness so taken shall be accepted by the court as if it had been taken before the court.
(3) An electronic will, the custody of which has not been maintained by a qualified custodian, must be treated as a lost or destroyed will under RCW 11.20.070.
[ 2021 c 140 s 1015; 2010 c 8 s 2016; 1977 ex.s. c 234 s 2; 1974 ex.s. c 117 s 27; 1969 ex.s. c 126 s 1; 1965 c 145 s 11.20.020. Prior: 1917 c 156 s 10; RRS s 1380; prior: 1863 p 212 ss 85, 86; 1860 p 175 ss 52, 53.]
Notes:
Effective date—2021 c 140 ss 1001-1016: See note following RCW 11.12.400.
Severability—1977 ex.s. c 234: "If any provisions of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1977 ex.s. c 234 s 30.]
Effective date—Application—1977 ex.s. c 234: "This 1977 amendatory act shall take effect on October 1, 1977 and shall apply to all proceedings in probate with respect to decedents whose deaths occurred after the effective date." [ 1977 ex.s. c 234 s 31.]
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.
Will contests: Chapter 11.24 RCW.

catchline: Application for probate—Hearing—Order—Proof—Record of testimony—Affidavits of attesting witnesses.


title: RCW 11.20.030

text:
If any witness be prevented by sickness from attending at the time any will is produced for probate, or reside out of the state or more than thirty miles from the place where the will is to be proven, such court may issue a commission annexed to such will, and directed to any judge, notary public, or other person authorized to administer an oath, empowering him or her to take and certify the attestation of such witness.
[ 1987 c 202 s 171; 1965 c 145 s 11.20.030. Prior: 1923 c 142 s 1; 1917 c 156 s 11; RRS s 1381; prior: Code 1881 s 1351; 1863 p 212 s 87; 1860 p 175 s 54.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Commission to take testimony of witness.


title: RCW 11.20.040

text:
The subsequent incompetency from whatever cause of one or more of the subscribing witnesses, or their inability to testify in open court or pursuant to commission, or their absence from the state, shall not prevent the probate of the will. In such cases the court shall admit the will to probate upon satisfactory testimony that the handwriting of the testator and of an incompetent or absent subscribing witness is genuine or the court may consider such other facts and circumstances, if any, as would tend to prove such will.
[ 1967 c 168 s 5; 1965 c 145 s 11.20.040. Prior: 1945 c 39 s 1; 1943 c 219 s 1; 1917 c 156 s 12; Rem. Supp. 1945 s 1382; prior: Code 1881 s 1353; 1863 p 213 ss 89, 90; 1860 p 175 ss 56, 57.]

catchline: Proof where one or more witnesses are unable or incompetent to testify, or absent from state.


title: RCW 11.20.050

text:
All wills filed with the clerk of the superior court must be noted in the record required to be kept under RCW 36.23.030(7). They may be withdrawn from the record on the order of the court.
[ 2002 c 271 s 1; 1967 c 168 s 17; 1965 c 145 s 11.20.050. Prior: 1915 c 156 s 13; RRS s 1383; prior: Code 1881 s 1356; 1863 p 213 s 92; 1860 p 175 s 59.]
Notes:
Clerk to keep record of wills: RCW 36.23.030(7).

catchline: Recording of wills.


title: RCW 11.20.060

text:
The record of any will made, probated and recorded as herein provided, and the exemplification of such record by the clerk in whose custody the same may be, shall be received as evidence, and shall be as effectual in all cases as the original would be if produced and proven.
[ 1965 c 145 s 11.20.060. Prior: 1917 c 156 s 14; RRS s 1384; prior: 1891 p 382 s 7; Code 1881 s 1358; 1863 p 213 s 94; 1860 p 175 s 61.]
Notes:
Certified copies of recorded instruments as evidence: RCW 5.44.060.

catchline: Record of will as evidence.


title: RCW 11.20.070

text:
(1) If a will has been lost or destroyed under circumstances such that the loss or destruction does not have the effect of revoking the will, or is an electronic will, custody of which has not been maintained by a qualified custodian, the court may take proof of the execution and validity of the will and establish it, notice to all persons interested having been first given. The proof must be reduced to writing and signed by any witnesses who have testified as to the execution and validity, and must be filed with the clerk of the court.
(2) The provisions of a lost or destroyed will, or an electronic will, custody of which has not been maintained by a qualified custodian, must be proved by clear, cogent, and convincing evidence, consisting at least in part of a witness to either its contents or the authenticity of a copy of the will.
(3) When a lost or destroyed will, or an electronic will, custody of which has not been maintained by a qualified custodian, is established under subsections (1) and (2) of this section, its provisions must be distinctly stated in the judgment establishing it, and the judgment must be recorded as wills are required to be recorded. A personal representative may be appointed by the court in the same manner as is herein provided with reference to original wills presented to the court for probate.
[ 2021 c 140 s 1016; 1994 c 221 s 20; 1965 c 145 s 11.20.070. Prior: 1955 c 205 s 1; 1917 c 156 s 20; RRS s 1390; prior: Code 1881 s 1367; 1860 p 177 s 70.]
Notes:
Effective date—2021 c 140 ss 1001-1016: See note following RCW 11.12.400.
Effective dates—1994 c 221: See note following RCW 11.100.035.
Replacement of lost or destroyed probate records: RCW 5.48.060.

catchline: Proof of lost or destroyed will.


title: RCW 11.20.080

text:
If, before or during the pendency of an application to prove a lost or destroyed will, letters of administration shall have been granted on the estate of the testator, or letters testamentary of any previous will of the testator shall have been granted, the court shall have authority to restrain the personal representatives so appointed, from any acts or proceedings which would be injurious to the legatees or devisees claiming under the lost or destroyed will.
[ 1965 c 145 s 11.20.080. Prior: 1917 c 156 s 21; RRS s 1391; prior: Code 1881 s 1369; 1863 p 215 s 105; 1860 p 177 s 72.]
Notes:
Replacement of lost or destroyed probate records: RCW 5.48.060.

catchline: Restraint of personal representative during pendency of application to prove lost or destroyed will.


title: RCW 11.20.090

text:
Wills probated in any other state or territory of the United States, or in any foreign country or state, shall be admitted to probate in this state on the production of a copy of such will and of the original record of probate thereof, certified by the attestation of the clerk of the court in which such probation was made; or if there be no clerk, certification by the attestation of the judge thereof, and by the seal of such officers, if they have a seal.
[ 1977 ex.s. c 234 s 3; 1965 c 145 s 11.20.090. Prior: 1917 c 156 s 22; RRS s 1392; prior: Code 1881 s 1370; 1877 p 284 s 1.]
Notes:
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.

catchline: Admission to probate of foreign will.


title: RCW 11.20.100

text:
All provisions of law relating to the carrying into effect of domestic wills after probate thereof shall, so far as applicable, apply to foreign wills admitted to probate in this state.
[ 1965 c 145 s 11.20.100. Prior: 1917 c 156 s 23; RRS s 1393; prior: Code 1881 s 1371; 1877 p 284 s 2.]

catchline: Laws applicable to foreign wills.


title: RCW 11.24.010

text:
If any person interested in any will shall appear within four months immediately following the probate or rejection thereof, and by petition to the court having jurisdiction contest the validity of said will, or appear to have the will proven which has been rejected, he or she shall file a petition containing his or her objections and exceptions to said will, or to the rejection thereof. Issues respecting the competency of the deceased to make a last will and testament, or respecting the execution by a deceased of the last will and testament under restraint or undue influence or fraudulent representations, or for any other cause affecting the validity of the will or a part of it, shall be tried and determined by the court.
For the purpose of tolling the four-month limitations period, a contest is deemed commenced when a petition is filed with the court and not when served upon the personal representative. The petitioner shall personally serve the personal representative within ninety days after the date of filing the petition. If, following filing, service is not so made, the action is deemed to not have been commenced for purposes of tolling the statute of limitations.
If no person files and serves a petition within the time under this section, the probate or rejection of such will shall be binding and final.
[ 2007 c 475 s 4; 1994 c 221 s 21; 1971 c 7 s 1; 1967 c 168 s 6; 1965 c 145 s 11.24.010. Prior: 1917 c 156 s 15; RRS s 1385; prior: 1891 p 382 s 8; Code 1881 s 1360; 1863 p 213 s 96; 1860 p 176 s 63.]
Notes:
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Contest of probate or rejection—Limitation of action—Issues.


title: RCW 11.24.020

text:
Upon the filing of the petition referred to in RCW 11.24.010, notice shall be given as provided in RCW 11.96A.100 to the executors who have taken upon themselves the execution of the will, or to the administrators with the will annexed, to all legatees named in the will or to their guardians if any of them are minors, or their personal representatives if any of them are dead, and to all persons interested in the matter, as defined in *RCW 11.96A.030(5).
[ 2006 c 360 s 9; 1965 c 145 s 11.24.020. Prior: 1917 c 156 s 16; RRS s 1386; prior: 1891 p 382 s 9; Code 1881 s 1361; 1863 p 214 s 97; 1860 p 176 s 64.]
Notes:
*Reviser's note: RCW 11.96A.030 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (5) to subsection (6).
Clarification of laws—Enforceability of act—Severability—2006 c 360: See notes following RCW 11.108.070.

catchline: Filing of will contest petition—Notice.


title: RCW 11.24.030

text:
In any such contest proceedings the previous order of the court probating, or refusing to probate, such will shall be prima facie evidence of the legality of such will, if probated, or its illegality, if rejected, and the burden of proving the illegality of such will, if probated, or the legality of such will, if rejected by the court, shall rest upon the person contesting such probation or rejection of the will.
[ 1965 c 145 s 11.24.030. Prior: 1917 c 156 s 17; RRS s 1387.]

catchline: Burden of proof.


title: RCW 11.24.040

text:
If, upon the trial of said issue, it shall be decided that the will or a part of it is for any reason invalid, or that it is not sufficiently proved to have been the last will of the testator, the will or part and probate thereof shall be annulled and revoked and to that extent the powers of the personal representative shall cease, but the personal representative shall not be liable for any act done in good faith previous to such annulling or revoking.
[ 1994 c 221 s 22; 1965 c 145 s 11.24.040. Prior: 1917 c 156 s 18; RRS s 1388; prior: Code 1881 s 1364; 1863 p 214 s 100; 1860 p 177 s 67.]
Notes:
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Revocation of probate.


title: RCW 11.24.050

text:
If the probate be revoked or the will annulled, assessment of costs shall be in the discretion of the court. If the will be sustained, the court may assess the costs against the contestant, including, unless it appears that the contestant acted with probable cause and in good faith, such reasonable attorney's fees as the court may deem proper.
[ 1965 c 145 s 11.24.050. Prior: 1917 c 156 s 19; RRS s 1389; prior: Code 1881 s 1366; 1860 p 177 s 69.]
Notes:
Rules of court: SPR 98.12W.
Personal representative
allowance of necessary expenses: RCW 11.48.050.
compensation—Attorney's fee: RCW 11.48.210.

catchline: Costs.


title: RCW 11.28.010

text:
After the entry of an order admitting a will to probate and appointing a personal representative, or personal representatives, letters testamentary shall be granted to the persons therein appointed executors. If a part of the persons thus appointed refuse to act, or be disqualified, the letters shall be granted to the other persons appointed therein. If all such persons refuse to act, letters of administration with the will annexed shall be granted to the person to whom administration would have been granted if there had been no will.
[ 1974 ex.s. c 117 s 28; 1965 c 145 s 11.28.010. Prior: 1917 c 156 s 47; RRS s 1417; prior: Code 1881 s 1372; 1863 p 217 s 106; 1860 p 179 s 73.]
Notes:
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Letters to executors—Refusal to serve—Disqualification.


title: RCW 11.28.020

text:
Any person interested in a will may file objections in writing to the granting of letters testamentary to the persons named as executors, or any of them, and the objection shall be heard and determined by the court.
[ 1965 c 145 s 11.28.020. Prior: 1917 c 156 s 47; RRS s 1417; prior: Code 1881 s 1372; 1863 p 217 s 106; 1860 p 179 s 73.]

catchline: Objections to appointment.


title: RCW 11.28.030

text:
A surviving spouse or surviving domestic partner shall be entitled to administer upon the community property, notwithstanding any provisions of the will to the contrary, if the court find such spouse or such domestic partner to be otherwise qualified; but if such surviving spouse or surviving domestic partner do not make application for such appointment within forty days immediately following the death of the deceased spouse or deceased domestic partner, he or she shall be considered as having waived his or her right to administer upon such community property. If any person, other than the surviving spouse or surviving domestic partner, make application for letters testamentary on such property, prior to the expiration of such forty days, then the court, before making any such appointment, shall require notice of such application to be given the said surviving spouse or surviving domestic partner, for such time and in such manner as the court may determine, unless such applicant show to the satisfaction of the court that there is no surviving spouse or surviving domestic partner or that he or she has in writing waived the right to administer upon such community property.
[ 2008 c 6 s 913; 1965 c 145 s 11.28.030. Prior: 1917 c 156 s 49; RRS s 1419.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

catchline: Community property—Who entitled to letters—Waiver.


title: RCW 11.28.040

text:
If the executor be a minor or absent from the state, letters of administration with the will annexed shall be granted, during the time of such minority or absence, to some other person unless there be another executor who shall accept the trust, in which case the estate shall be administered by such other executor until the disqualification shall be removed, when such minor, having arrived at full age, or such absentee, having returned, shall be admitted as joint executor with the former, provided a nonresident of this state may qualify as provided in RCW 11.36.010.
[ 1965 c 145 s 11.28.040. Prior: 1917 c 156 s 50; RRS s 1420; prior: Code 1881 s 1374; 1863 p 217 s 108; 1860 p 180 s 75.]

catchline: Procedure during minority or absence of executor.


title: RCW 11.28.050

text:
When any of the executors named shall not qualify or having qualified shall become disqualified or be removed, the remaining executor or executors shall have the authority to perform every act and discharge every trust required by the will, and their acts shall be effectual for every purpose.
[ 1965 c 145 s 11.28.050. Prior: 1917 c 156 s 54; RRS s 1424; prior: Code 1881 s 1372; 1854 p 268 s 5.]

catchline: Powers of remaining executors on removal of associate.


title: RCW 11.28.060

text:
No executor of an executor shall, as such, be authorized to administer upon the estate of the first testator, but on the death of the sole or surviving executor of any last will, letters of administration with the will annexed, on the estate of the first testator left unadministered, shall be issued.
[ 1965 c 145 s 11.28.060. Prior: 1917 c 156 s 53; RRS s 1423; prior: Code 1881 s 1379; 1863 p 218 s 113; 1860 p 180 s 80.]
Notes:
Executor of executor may not sue for estate of first testator: RCW 11.48.190.

catchline: Administration with will annexed on death of executor.


title: RCW 11.28.070

text:
Administrators with the will annexed shall have the same authority as the executor named in the will would have had, and their acts shall be as effectual for every purpose: PROVIDED, That they shall not lease, mortgage, pledge, exchange, sell, or convey any real or personal property of the estate except under order of the court and pursuant to procedure under existing laws pertaining to the administration of estates in cases of intestacy, unless the powers expressed in the will are directory and not discretionary, or said administrator with will annexed shall have obtained nonintervention powers as provided in chapter 11.68 RCW.
[ 1974 ex.s. c 117 s 25; 1965 c 145 s 11.28.070. Prior: 1955 c 205 s 3; 1917 c 156 s 55; RRS s 1425; prior: Code 1881 s 1381; 1860 p 180 s 82.]
Notes:
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Authority of administrator with will annexed.


title: RCW 11.28.090

text:
Letters testamentary to be issued to executors under the provisions of this chapter shall be signed by the clerk, and issued under the seal of the court, and may be in the following form:
State of Washington, county of . . . . . .
In the superior court of the county of . . . . . .
Whereas, the last will of A B, deceased, was, on the . . . . day of . . . . . . , A.D. (year) . . . ., duly exhibited, proven, and recorded in our said superior court; and whereas, it appears in and by said will that C D is appointed executor thereon, and, whereas, said C D has duly qualified, now, therefore, know all persons by these presents, that we do hereby authorize the said C D to execute said will according to law.
Witness my hand and the seal of said court this . . . . day of . . . . . ., A.D. (year) . . . .
[ 2016 c 202 s 6; 2009 c 549 s 1004; 1965 c 145 s 11.28.090. Prior: (i) 1917 c 156 s 56; RCW 11.28.080; RRS s 1426; prior: Code 1881 s 1382; 1863 p 218 s 116; 1860 p 181 s 83. (ii) 1917 c 156 s 59; RRS s 1429; prior: Code 1881 s 1386; 1863 p 219 s 120; 1860 p 181 s 87.]

catchline: Execution and form of letters testamentary.


title: RCW 11.28.100

text:
Letters of administration with the will annexed shall be in substantially the same form as provided for letters testamentary.
[ 1965 c 145 s 11.28.100. Prior: 1917 c 156 s 60; RRS s 1430; prior: Code 1881 s 1387; 1863 p 219 s 121.]

catchline: Form of letters with will annexed.


title: RCW 11.28.110

text:
(1) Application for letters of administration, or, application for an adjudication of intestacy and heirship without the issuance of letters of administration shall be made by petition in writing, signed and verified by oath of the applicant or his or her attorney, and filed with the court, which petition shall set forth:
(a) The facts essential to giving the court jurisdiction of the case;
(b) That the deceased died without a will, and the basis of the applicant's knowledge of such;
(c) The names, ages, and addresses of the heirs of the deceased and the details of the applicant's reasonable search for such heirs;
(d) A general description of the major probate assets of the estate, including real property, motor vehicles, and any known property or interest estimated in good faith to exceed $10,000 in value, and the details of the applicant's reasonable search to identify such assets; and
(e) For application for letters of administration, that the applicant is entitled to administer the estate under RCW 11.28.120 and is not disqualified under RCW 11.36.010.
(2) Except to the extent necessary to determine bond, the specific value, location, provenance, and condition of each major probate asset need not be described in the petition.
(3) If the applicant is a person entitled to letters under RCW 11.28.120(1) (a) or (b), the petition need not describe the major probate assets of the estate, but shall still set forth the applicant's reasonable search to identify such assets.
(4) If the application for an adjudication of intestacy and heirship does not request the appointment of a personal representative and the court enters an adjudication of intestacy no further administration shall be required except as set forth in RCW 11.28.330 or 11.28.340.
[ 2026 c 204 s 1; 2010 c 8 s 2017; 1977 ex.s. c 234 s 4; 1974 ex.s. c 117 s 29; 1965 c 145 s 11.28.110. Prior: 1917 c 156 s 62; RRS s 1432; prior: Code 1881 s 1389; 1863 p 220 s 123; 1860 p 182 s 90.]
Notes:
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Application for letters of administration or adjudication of intestacy and heirship.


title: RCW 11.28.120

text:
(1) Administration of an estate if the decedent died intestate or if the personal representative or representatives named in the will declined or were unable to serve shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order:
(a) The surviving spouse or state registered domestic partner, or such person as he or she may request to have appointed[;]
(b) The next of kin in the following order: (i) Child or children; (ii) father or mother; (iii) brothers or sisters; (iv) grandchildren; (v) nephews or nieces;
(c) The trustee named by the decedent in an inter vivos trust instrument, testamentary trustee named in the will, guardian of the decedent, conservator of the decedent, or an agent named in a durable power of attorney appointed by the decedent, if any such a fiduciary controlled or potentially controlled substantially all of the decedent's probate and nonprobate assets;
(d) One or more of the beneficiaries or transferees of the decedent's probate or nonprobate assets;
(e)(i) The director of revenue, or the director's designee, for those estates having property subject to the provisions of chapter 11.08 RCW, however, the director may waive this right;
(ii) The secretary of the department of social and health services for those estates owing debts for home and community-based services as defined in RCW 74.39A.009, however, the secretary may waive this right; and
(f) One or more of the principal creditors.
(2) If the persons entitled as set forth in this section shall fail for more than 60 days after the death of the decedent to present a petition for letters of administration, or if it appears to the satisfaction of the court that there is no next of kin, as above specified eligible to appointment, or they waive their right, and there are no principal creditor or creditors, or such creditor or creditors waive their right, then the court may appoint a contract service provider with the office of public guardianship and conservatorship under chapter 2.72 RCW or a guardian ad litem to administer such estate.
(3) If the persons entitled as set forth in this section shall fail for more than 90 days after the death of the decedent to present a petition for letters of administration, then the court may appoint any suitable person to administer such estate. Such person shall receive only such compensation in connection with administration of the estate as is provided under RCW 11.48.210, and shall not purchase, acquire, or receive proceeds from the sale of estate assets except as provided under RCW 11.48.020. Unless such person is an entity described under RCW 11.36.010 (2) or (3), such person (a) shall be ineligible to receive nonintervention powers, and (b) shall be limited to two petitions for appointment under this subsection per year.
[ 2026 c 204 s 2; 2020 c 312 s 405; 2019 c 215 s 5; 2007 c 156 s 28; 1995 1st sp.s. c 18 s 61; 1994 c 221 s 23; 1985 c 133 s 1; 1965 c 145 s 11.28.120. Prior: 1927 c 76 s 1; 1917 c 156 s 61; RRS s 1431; prior: Code 1881 s 1388; 1863 p 219 s 122; 1860 p 181 s 89.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Persons entitled to letters.


title: RCW 11.28.131

text:
When a petition for general letters of administration or for letters of administration with the will annexed shall be filed, the matter may be heard forthwith, appointment made and letters of administration issued: PROVIDED, That if there be a surviving spouse or surviving domestic partner and a petition is presented by anyone other than the surviving spouse or surviving domestic partner, or any person designated by the surviving spouse or surviving domestic partner to serve as personal representative on his or her behalf, notice to the surviving spouse or surviving domestic partner shall be given of the time and place of such hearing at least ten days before the hearing, unless the surviving spouse or surviving domestic partner shall waive notice of the hearing in writing filed in the cause.
[ 2008 c 6 s 914; 1974 ex.s. c 117 s 44.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Hearing on petition—Appointment—Issuance of letters—Notice to surviving spouse or surviving domestic partner.


title: RCW 11.28.140

text:
Letters of administration shall be signed by the clerk, and be under the seal of the court, and may be substantially in the following form:
State of Washington, County of . . . . . .
Whereas, A.B., late of . . . . . . on or about the . . . . day of . . . . . . A.D. (year) . . . . died intestate, leaving at the time of his or her death, property in this state subject to administration: Now, therefore, know all persons by these presents, that we do hereby appoint . . . . . . . . . administrator upon said estate, and whereas said administrator has duly qualified, hereby authorize him or her to administer the same according to law.
Witness my hand and the seal of said court this . . . . day of . . . . . . A.D. (year) . . . .
[ 2016 c 202 s 7; 2009 c 549 s 1005; 1965 c 145 s 11.28.140. Prior: 1917 c 156 s 65; RRS s 1435; prior: Code 1881 s 1392; 1863 p 220 s 125; 1860 p 182 s 92.]

catchline: Form of letters of administration.


title: RCW 11.28.150

text:
If after letters of administration are granted a will of the deceased be found and probate thereof be granted, the letters shall be revoked and letters testamentary or of administration with the will annexed, shall be granted.
[ 1965 c 145 s 11.28.150. Prior: 1917 c 156 s 51; RRS s 1421; prior: Code 1881 s 1375; 1863 p 218 s 109; 1860 p 180 s 76.]

catchline: Revocation of letters by discovery of will.


title: RCW 11.28.160

text:
The court appointing any personal representative shall have authority for any cause deemed sufficient, to cancel and annul such letters and appoint other personal representatives in the place of those removed.
[ 1965 c 145 s 11.28.160. Prior: 1917 c 156 s 52; RRS s 1422.]
Notes:
Revocation of letters—Causes: RCW 11.28.250.

catchline: Cancellation of letters of administration.


title: RCW 11.28.170

text:
Before letters testamentary or of administration are issued, each personal representative or an officer of a bank or trust company qualified to act as a personal representative, must take and subscribe an oath, before some person authorized to administer oaths, that the duties of the trust as personal representative will be performed according to law, which oath must be filed in the cause.
[ 2005 c 97 s 3; 1965 c 145 s 11.28.170. Prior: 1917 c 156 s 66; RRS s 1436; prior: Code 1881 s 1393; 1877 p 211 s 4; 1873 p 329 s 366.]

catchline: Oath of personal representative.


title: RCW 11.28.185

text:
When the terms of the decedent's will manifest an intent that the personal representative appointed to administer the estate shall not be required to furnish bond or other security, or when the personal representative is the surviving spouse or surviving domestic partner of the decedent and it appears to the court that the entire estate, after provision for expenses and claims of creditors, will be distributable to such spouse or surviving domestic partner, then such personal representative shall not be required to give bond or other security as a condition of appointment. In all cases where a bank or trust company authorized to act as personal representative is appointed as personal representative, no bond shall be required. In all cases where a personal representative is appointed under RCW 11.28.120(3) and is not an entity described under RCW 11.36.010 (2) or (3), bond shall be required in an amount commensurate with the major probate assets identified under RCW 11.28.110(1)(d). In all other cases, unless waived by the court, the personal representative shall give such bond or other security, in such amount and with such surety or sureties, as the court may direct.
Every person required to furnish bond must, before receiving letters testamentary or of administration, execute a bond to the state of Washington conditioned that the personal representative shall faithfully execute the duty of the trust according to law.
The court may at any time after appointment of the personal representative require said personal representative to give a bond or additional bond, the same to be conditioned and to be approved as provided in this section; or the court may allow a reduction of the bond upon a proper showing.
In lieu of bond, the court may in its discretion, substitute other security or financial arrangements, such as provided under RCW 11.130.445, or as the court may deem adequate to protect the assets of the estate.
[ 2026 c 204 s 3; 2020 c 312 s 709; 2008 c 6 s 915; 1977 ex.s. c 234 s 5; 1974 ex.s. c 117 s 46.]
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, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Bond or other security of personal representative—When not required—Waiver—Corporate trustee—Additional bond—Reduction—Other security.


title: RCW 11.28.190

text:
Before the judge approves any bond required under this chapter, and after its approval, he or she may, of his or her own motion, or upon the motion of any person interested in the estate, supported by affidavit that the sureties, or some one or more of them, are not worth as much as they have justified to, order a citation to issue, requiring such sureties to appear before him or her at a designated time and place, to be examined touching their property and its value; and the judge must, at the same time, cause notice to be issued to the personal representative, requiring his or her appearance on the return of the citation, and on its return he or she may examine the sureties and such witnesses as may be produced touching the property of the sureties and its value; and if upon such examination he or she is satisfied that the bond is insufficient he or she must require sufficient additional security. If the bond and sureties are found by the court to be sufficient, the costs incident to such hearing shall be taxed against the party instituting such hearing. As a part of such costs the sureties appearing shall be allowed such fees and mileage as witnesses are allowed in civil proceedings: PROVIDED, That when the citation herein referred to is issued on the motion of the court, no costs shall be imposed.
[ 2010 c 8 s 2018; 1965 c 145 s 11.28.190. Prior: 1917 c 156 s 68; RRS s 1438; prior: Code 1881 s 1400; 1877 p 212 s 4; 1863 p 221 s 129; 1860 p 183 s 96.]
Notes:
Fees and allowances of witnesses: Chapter 2.40 RCW, RCW 5.56.010.

catchline: Examination of sureties—Additional security—Costs.


title: RCW 11.28.210

text:
Any person interested may at any time by verified petition to the court, or otherwise, complain of the sufficiency of any bond or sureties thereon, and the court may upon such petition, or upon its own motion, and with or without hearing upon the matter, require the personal representative to give a new, or additional bond, or bonds, and in all such matters the court may act in its discretion and make such orders and citations as to it may seem right and proper in the premises.
[ 1965 c 145 s 11.28.210. Prior: 1917 c 156 s 70; RRS s 1440; prior: 1891 p 383 s 13 1/2; Code 1881 s 1404; 1877 p 212 s 4; 1863 p 221 s 131; 1860 p 183 s 98.]

catchline: New or additional bond.


title: RCW 11.28.220

text:
No judge of the superior court, no sheriff, clerk of a court, or deputy of either, and no attorney-at-law shall be taken as surety on any bond required to be taken in any proceeding in probate.
[ 1965 c 145 s 11.28.220. Prior: 1917 c 156 s 71; RRS s 1441; prior: 1891 p 383 s 14; Code 1881 s 1409; 1863 p 221 s 128; 1860 p 183 s 95.]

catchline: Persons disqualified as sureties.


title: RCW 11.28.230

text:
No bond required under the provisions of this chapter, and intended as such bond, shall be void for want of form, recital or condition; nor shall the principal or surety on such account be discharged, but all the parties thereto shall be held and bound to the full extent contemplated by the law requiring the same, to the amount specified in such bond. In all actions on such defective bond the plaintiff may state its legal effect in the same manner as though it were a perfect bond. The bond shall not be void upon the first recovery, but may be sued and recovered upon, from time to time, by any person aggrieved in his or her own name, until the whole penalty is exhausted.
[ 2010 c 8 s 2019; 1965 c 145 s 11.28.230. Prior: 1917 c 156 s 73; RRS s 1443; prior: Code 1881 ss 1412, 1397; 1877 p 211 s 4; 1854 p 219 s 489.]
Notes:
Bond not to fail for want of form or substance: RCW 19.72.170.

catchline: Bond not void for want of form—Successive recoveries.


title: RCW 11.28.235

text:
All actions against sureties shall be commenced within six years after the revocation or surrender of letters of administration or death of the principal.
[ 1965 c 145 s 11.28.235. Prior: 1917 c 156 s 80; RCW 11.28.310; RRS s 1450; prior: 1891 p 385 s 21; Code 1881 s 1431; 1854 p 274 s 42.]

catchline: Limitation of action against sureties.


title: RCW 11.28.237

text:
(1) Within 20 days after appointment, the personal representative of the estate of a decedent, or an attorney performing services for the estate at the instance of the personal representative, shall cause written notice of his or her appointment and the pendency of said probate proceedings, to be served personally or by mail to each heir, legatee and devisee of the estate and each beneficiary or transferee of a nonprobate asset of the decedent whose names and addresses are reasonably known to him or her, and proof of such mailing or service shall be made by affidavit or declaration and filed in the cause. If a trust is a legatee or devisee of the estate or a beneficiary or transferee of a nonprobate asset of the decedent, then notice to the trustee is sufficient.
(2) If the personal representative does not otherwise give notice to creditors under chapter 11.40 RCW within 30 days after appointment, the personal representative shall cause written notice of his or her appointment and the pendency of the probate proceedings to be mailed to the state of Washington department of social and health services' office of financial recovery, and proof of the mailing shall be made by affidavit or declaration and filed in the cause.
[ 2026 c 204 s 4; 2011 c 327 s 2; 1997 c 252 s 85; 1994 c 221 s 24; 1977 ex.s. c 234 s 6; 1974 ex.s. c 117 s 30; 1969 c 70 s 2; 1965 c 145 s 11.28.237. Prior: 1955 c 205 s 13, part; RCW 11.76.040, part.]
Notes:
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Effective dates—1994 c 221: See note following RCW 11.100.035.
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Notice of appointment as personal representative, pendency of probate—Proof by affidavit.


title: RCW 11.28.238

text: Duty of personal representative to notify department of revenue of administration; personal liability for taxes upon failure to give notice: See RCW 82.32.240.

catchline: Notice of appointment as personal representative—Notice to department of revenue.


title: RCW 11.28.240

text:
(1) At any time after the issuance of letters testamentary or of administration or certificate of qualification upon the estate of any decedent, any person interested in the estate as an heir, devisee, distributee, legatee or creditor whose claim has been duly served and filed, or the lawyer for the heir, devisee, distributee, legatee, or creditor may serve upon the personal representative or upon the lawyer for the personal representative, and file with the clerk of the court wherein the administration of the estate is pending, a written request stating that the person desires special notice of any or all of the following named matters, steps or proceedings in the administration of the estate, to wit:
(a) Filing of petitions for sales, leases, exchanges or mortgages of any property of the estate.
(b) Petitions for any order of solvency or for nonintervention powers.
(c) Filing of accounts.
(d) Filing of petitions for distribution.
(e) Petitions by the personal representative for family allowances and homesteads.
(f) The filing of a declaration of completion.
(g) The filing of the inventory.
(h) Notice of presentation of personal representative's claim against the estate.
(i) Petition to continue a going business.
(j) Petition to borrow upon the general credit of the estate.
(k) Petition for judicial proceedings under chapter 11.96A RCW.
(l) Petition to reopen an estate.
(m) Intent to distribute estate assets, other than distributions in satisfaction of specific bequests or legacies of specific dollar amounts.
(n) Intent to pay attorney's or personal representative's fees.
The requests shall state the post office address of the heir, devisee, distributee, legatee or creditor, or his or her lawyer, and thereafter a brief notice of the filing of any of the petitions, accounts, declaration, inventory or claim, except petitions for sale of perishable property, or other tangible personal property which will incur expense or loss by keeping, shall be addressed to the heir, devisee, distributee, legatee or creditor, or his or her lawyer, at the post office address stated in the request, and deposited in the United States post office, with prepaid postage, at least ten days before the hearing of the petition, account or claim or of the proposed distribution or payment of fees; or personal service of the notices may be made on the heir, devisee, distributee, legatee, creditor, or lawyer, not less than five days before the hearing, and the personal service shall have the same effect as deposit in the post office, and proof of mailing or of personal service must be filed with the clerk before the hearing of the petition, account or claim or of the proposed distribution or payment of fees. If the notice has been regularly given, any distribution or payment of fees and any order or judgment, made in accord therewith is final and conclusive.
(2) Notwithstanding subsection (1) of this section, a request for special notice may not be made by a person, and any request for special notice previously made by a person becomes null and void, when:
(a) That person qualifies to request special notice solely by reason of being a specific legatee, all of the property that person is entitled to receive from the decedent's estate has been distributed to that person, and that person's bequest is not subject to any subsequent abatement for the payment of the decedent's debts, expenses, or taxes;
(b) That person qualifies to request special notice solely by reason of being an heir of the decedent, none of the decedent's property is subject to the laws of descent and distribution, the decedent's will has been probated, and the time for contesting the probate of that will has expired; or
(c) That person qualifies to request special notice solely by reason of being a creditor of the decedent and that person has received all of the property that the person is entitled to receive from the decedent's estate.
[ 1999 c 42 s 606; 1997 c 252 s 4; 1985 c 30 s 5. Prior: 1984 c 149 s 8; 1965 c 145 s 11.28.240; prior: 1941 c 206 s 1; 1939 c 132 s 1; 1917 c 156 s 64; Rem. Supp. 1941 s 1434.]
Notes:
Effective date—1999 c 42: See RCW 11.96A.902.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
Borrowing on general credit of estate—Petition—Notice—Hearing: RCW 11.56.280.
Claim of personal representative—Presentation and petition—Filing: RCW 11.40.140.
Continuation of decedent's business: RCW 11.48.025.
Purchase of claims by personal representative: RCW 11.48.080.
Report of personal representative, notice of hearing: RCW 11.76.020, 11.76.040.
Sales, exchanges, leases, mortgages and borrowing: Chapter 11.56 RCW.

catchline: Request for special notice of proceedings in probate—Prohibitions.


title: RCW 11.28.250

text:
Whenever the court has reason to believe that any personal representative has wasted, embezzled, or mismanaged, or is about to waste, or embezzle the property of the estate committed to his or her charge, or has committed, or is about to commit a fraud upon the estate, or is incompetent to act, or is permanently removed from the state, or has wrongfully neglected the estate, or has neglected to perform any acts as such personal representative, or for any other cause or reason which to the court appears necessary, it shall have power and authority, after notice and hearing to revoke such letters. The manner of the notice and of the service of the same and of the time of hearing shall be wholly in the discretion of the court, and if the court for any such reasons revokes such letters the powers of such personal representative shall at once cease, and it shall be the duty of the court to immediately appoint some other personal representative, as in this title provided.
[ 2010 c 8 s 2020; 1965 c 145 s 11.28.250. Prior: 1917 c 156 s 74; RRS s 1444; prior: Code 1881 s 1414; 1863 p 218 s 112; 1860 p 186 s 114.]
Notes:
Absentee estates, removal of trustee: RCW 11.80.060.
Accounting on revocation of letters: RCW 11.28.290.
Cancellation of letters of administration: RCW 11.28.160.
Effect on compensation of personal representative who fails to discharge duties: RCW 11.48.210.
Notice to creditors when personal representative removed—Limit tolled by vacancy: RCW 11.40.150.
Revocation of letters
by discovery of will: RCW 11.28.150.
upon conviction of crime or becoming of unsound mind: RCW 11.36.010.
Successor personal representative: RCW 11.28.280.

catchline: Revocation of letters—Causes.


title: RCW 11.28.260

text:
The applications and acts authorized by RCW 11.28.250 may be heard and determined in court or at chambers. All orders made therein must be entered upon the minutes of the court.
[ 1965 c 145 s 11.28.260. Prior: 1917 c 156 s 75; RRS s 1445; prior: 1891 p 384 s 17; Code 1881 s 1413; 1877 p 213 s 4.]

catchline: Revocation of letters—Proceedings in court or chambers.


title: RCW 11.28.270

text:
If more than one personal representative of an estate is serving when the letters to any of them are revoked or surrendered or when any part of them dies or in any way becomes disqualified, those who remain shall perform all the duties required by law unless the decedent provided otherwise in a duly probated will or unless the court orders otherwise.
[ 1997 c 252 s 5; 1965 c 145 s 11.28.270. Prior: 1917 c 156 s 76; RRS s 1446; prior: Code 1881 s 1427; 1854 p 273 s 38.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Powers of remaining personal representatives if letters to associates revoked or surrendered or upon disqualification.


title: RCW 11.28.280

text:
Except as otherwise provided in RCW 11.28.270, if a personal representative of an estate dies or resigns or the letters are revoked before the settlement of the estate, letters testamentary or letters of administration of the estate remaining unadministered shall be granted to those to whom the letters would have been granted if the original letters had not been obtained, or the person obtaining them had renounced administration, and the successor personal representative shall perform like duties and incur like liabilities as the preceding personal representative, unless the decedent provided otherwise in a duly probated will or unless the court orders otherwise. A succeeding personal representative may petition for nonintervention powers under chapter 11.68 RCW.
[ 1997 c 252 s 6; 1974 ex.s. c 117 s 26; 1965 c 145 s 11.28.280. Prior: 1955 c 205 s 8; 1917 c 156 s 77; RRS s 1447; prior: Code 1881 s 1428.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Successor personal representative.


title: RCW 11.28.290

text:
If any personal representative resign, or his or her letters be revoked, or he or she die, he or she or his or her representatives shall account for, pay, and deliver to his or her successor or to the surviving or remaining personal representatives, all money and property of every kind, and all rights, credits, deeds, evidences of debt, and papers of every kind, of the deceased, at such time and in such manner as the court shall order on final settlement with such personal representative or his or her legal representatives.
[ 2010 c 8 s 2021; 1965 c 145 s 11.28.290. Prior: 1917 c 156 s 78; RRS s 1448; prior: Code 1881 s 1429; 1854 p 273 s 40.]

catchline: Accounting on death, resignation, or revocation of letters.


title: RCW 11.28.300

text:
The succeeding administrator, or remaining personal representative may proceed by law against any delinquent former personal representative, or his or her personal representatives, or the sureties of either, or against any other person possessed of any part of the estate.
[ 2010 c 8 s 2022; 1965 c 145 s 11.28.300. Prior: 1917 c 156 s 79; RRS s 1449; prior: 1891 p 384 s 20; Code 1881 s 1430; 1854 p 273 s 41.]
Notes:
Limitation of action against sureties: RCW 11.28.235.

catchline: Proceedings against delinquent personal representative.


title: RCW 11.28.330

text:
If no personal representative is appointed to administer the estate of a decedent, the person obtaining the adjudication of testacy, or intestacy and heirship, within thirty days shall personally serve or mail a true copy of the adjudication to each heir, legatee, and devisee of the decedent, which copy shall contain the name of the decedent's estate and the probate cause number, and shall:
(1) State the name and address of the applicant;
(2) State that on the . . . . day of . . . . . . , . . . ., the applicant obtained an order from the superior court of . . . . . . county, state of Washington, adjudicating that the decedent died intestate, or testate, whichever shall be the case;
(3) In the event the decedent died testate, enclose a copy of his or her will therewith, and state that the adjudication of testacy will become final and conclusive for all legal intents and purposes unless any heir, legatee, or devisee of the decedent shall contest said will within four months after the date the said will was adjudicated to be the last will and testament of the decedent;
(4) In the event that the decedent died intestate, set forth the names and addresses of the heirs of the decedent, their relationship to the decedent, the distributive shares of the estate of the decedent which they are entitled to receive, and that said adjudication of intestacy and heirship shall become final and conclusive for all legal intents and purposes, unless, within four months of the date of said adjudication of intestacy, a petition shall be filed seeking the admission of a will of the decedent for probate, or contesting the adjudication of heirship.
Notices provided for in this section may be served personally or sent by regular mail, and proof of such service or mailing shall be made by an affidavit filed in the cause;
(5) Mail a true copy of the adjudication, including the decedent's social security number and the name and address of the applicant, to the state of Washington department of social and health services office of financial recovery.
[ 2010 c 8 s 2023; 2004 c 193 s 1; 1974 ex.s. c 117 s 31.]
Notes:
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Notice of adjudication of testacy or intestacy and heirship—Contents—Service or mailing.


title: RCW 11.28.340

text:
Unless, within four months after the entry of the order adjudicating testacy or intestacy and heirship, and the mailing or service of the notice required in RCW 11.28.330 any heir, legatee or devisee of the decedent shall offer a later will for probate or contest an adjudication of testacy in the manner provided in this title for will contests, or offer a will of the decedent for probate following an adjudication of intestacy and heirship, or contesting the determination of heirship, an order adjudicating testacy or intestacy and heirship without appointing a personal representative to administer a decedent's estate shall, as to those persons by whom notice was waived or to whom said notice was mailed or on whom served, be deemed the equivalent of the entry of a final decree of distribution in accordance with the provisions of chapter 11.76 RCW for the purpose of:
(1) Establishing the decedent's will as his or her last will and testament and persons entitled to receive his or her estate thereunder; or
(2) Establishing the fact that the decedent died intestate, and those persons entitled to receive his or her estate as his or her heirs at law.
The right of an heir, legatee, or devisee to receive the assets of a decedent shall, to the extent otherwise provided by this title, be subject to the prior rights of the decedent's creditors and of any persons entitled to a homestead award or award in lieu of homestead or family allowance, and nothing contained in this section shall be deemed to alter or diminish such prior rights, or to prohibit any person for good cause shown, from obtaining the appointment of a personal representative to administer the estate of the decedent after the entry of an order adjudicating testacy or intestacy and heirship. However, if the petition for letters testamentary or of administration shall be filed more than four months after the date of the adjudication of testacy or of intestacy and heirship, the issuance of such letters shall not affect the finality of said adjudications.
Four months after providing all notices as required in RCW 11.28.330, any person paying, delivering, transferring, or issuing property to the person entitled thereto under an adjudication of testacy or intestacy and heirship that is deemed the equivalent of a final decree of distribution as set forth in this section is discharged and released to the same extent as if such person has dealt with a personal representative of the decedent.
[ 2010 c 8 s 2024; 2004 c 193 s 2; 1988 c 29 s 1; 1977 ex.s. c 234 s 7; 1974 ex.s. c 117 s 32.]
Notes:
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Order of adjudication of testacy or intestacy and heirship—Entry—Time limitation—Deemed final decree of distribution, when—Purpose—Finality of adjudications.


title: RCW 11.32.010

text:
When, by reason of an action concerning the proof of a will, or from any other cause, there shall be a delay in granting letters testamentary or of administration, the judge may, in his or her discretion, appoint a special administrator (other than one of the parties) to collect and preserve the effects of the deceased; and in case of an appeal from the decree appointing such special administrator, he or she shall, nevertheless, proceed in the execution of his or her trust until he or she shall be otherwise ordered by the appellate court.
[ 2010 c 8 s 2025; 1965 c 145 s 11.32.010. Prior: 1917 c 156 s 81; RRS s 1451; prior: 1891 p 384 s 19; Code 1881 s 1419; 1863 p 222 s 137; 1860 p 184 s 104.]

catchline: Appointment.


title: RCW 11.32.020

text:
Every such administrator shall, before entering on the duties of his or her trust, give bond, with sufficient surety or sureties, in such sum as the judge shall order, payable to the state of Washington, with conditions as required of an executor or in other cases of administration: PROVIDED, That in all cases where a bank or trust company authorized to act as administrator is appointed special administrator or acts as special administrator under an appointment as such heretofore made, no bond shall be required.
[ 2010 c 8 s 2026; 1965 c 145 s 11.32.020. Prior: 1963 c 46 s 2; 1917 c 156 s 82; RRS s 1452; prior: Code 1881 s 1420; 1863 pp 220, 222 ss 126, 138; 1860 pp 183, 184 ss 93, 105.]
Notes:
Bond of personal representative: RCW 11.28.185.

catchline: Bond.


title: RCW 11.32.030

text:
Such special administrator shall collect all the goods, chattels, money, effects, and debts of the deceased, and preserve the same for the personal representative who shall thereafter be appointed; and for that purpose may commence and maintain suits as an administrator, and may also sell such perishable and other goods as the court shall order sold, and make family allowances under the order of the court. The appointment may be for a specified time, to perform duties respecting specific property, or to perform particular acts, as stated in the order of appointment. Such special administrator shall be allowed such compensation for his or her services as the said court shall deem reasonable, together with reasonable fees for his or her attorney.
[ 2010 c 8 s 2027; 1965 c 145 s 11.32.030. Prior: 1917 c 156 s 83; RRS s 1453; prior: Code 1881 s 1421; 1863 p 222 s 139; 1860 p 185 s 106.]

catchline: Powers and duties.


title: RCW 11.32.040

text:
Upon granting letters testamentary or of administration the power of the special administrator shall cease, and he or she shall forthwith deliver to the personal representative all the goods, chattels, money, effects, and debts of the deceased in his or her hands, and the personal representative may be admitted to prosecute any suit commenced by the special administrator, in like manner as an administrator de bonis non is authorized to prosecute a suit commenced by a former personal representative. The estate shall be liable for obligations incurred by the special administrator pursuant to the order of appointment or approved by the court.
[ 2010 c 8 s 2028; 1965 c 145 s 11.32.040. Prior: 1917 c 156 s 84; RRS s 1454; prior: Code 1881 s 1422; 1863 p 233 s 140; 1860 p 185 s 107.]

catchline: Succession by personal representative.


title: RCW 11.32.050

text:
Such special administrator shall not be liable to an action by any creditor of the deceased, and the time for limitation of all suits against the estate shall begin to run from the time of granting letters testamentary or of administration in the usual form, in like manner as if such special administration had not been granted.
[ 1965 c 145 s 11.32.050. Prior: 1917 c 156 s 85; RRS s 1455; prior: Code 1881 s 1423; 1863 p 223 s 141; 1860 p 185 s 108.]

catchline: Not liable to creditors.


title: RCW 11.32.060

text:
The special administrator shall also render an account, under oath, of his or her proceedings, in like manner as other administrators are required to do.
[ 2010 c 8 s 2029; 1965 c 145 s 11.32.060. Prior: 1917 c 156 s 86; RRS s 1456; prior: Code 1881 s 1424; 1863 p 223 s 142; 1860 p 185 s 109.]
Notes:
Settlement of estates: Chapter 11.76 RCW.

catchline: To render account.


title: RCW 11.36.010

text:
(1) The following persons are not qualified to act as personal representatives:
(a) Corporations, limited liability companies, and limited liability partnerships, except as provided in subsections (2) through (4) of this section;
(b) Minors;
(c) Persons of unsound mind;
(d) Persons who have had letters testamentary or of administration revoked for cause under RCW 11.28.250 within the last 24 months;
(e) Persons who have been found by a court or administrative agency within the last 36 months of engaging in acts of dishonesty, theft, or breach of fiduciary duty;
(f) Persons who have been convicted of any felony or any crime involving moral turpitude; and
(g) Persons seeking appointment under RCW 11.28.120(3) who are a principal or agent of, or acting at the behest of or in concert with, any person or entity likely to be involved in the sale, purchase, repair, or transfer of a major probate asset.
(2) Trust companies regularly organized under the laws of this state and national banks when authorized so to do may act as the personal representative of an individual's estate or of the estate of an incapacitated person upon petition of any person having a right to such appointment and may act as personal representatives or guardians when so appointed by will. No trust company or national bank may qualify as such personal representative or guardian under any will hereafter drawn by it or its agents or employees, and no salaried attorney of any such company may be allowed any attorney fee for probating any such will or in relation to the administration or settlement of any such estate, and no part of any attorney fee may inure, directly or indirectly, to the benefit of any trust company or national bank.
(3) Professional service corporations, professional limited liability companies, or limited liability partnerships, that are duly organized under the laws of this state and whose shareholders, members, or partners, respectively, are exclusively attorneys, may act as personal representatives.
(4) Any nonprofit corporation may act as personal representative if the articles of incorporation or bylaws of that corporation permit the action and the corporation is in compliance with all applicable provisions of Title 24 RCW.
(5) When any person to whom letters testamentary or of administration have been issued becomes disqualified to act because of becoming of unsound mind or receiving an adverse adjudication described in subsection (1) of this section, the court having jurisdiction must revoke his or her letters. When it appears to the satisfaction of the court, upon motion of the court or any interested person, that a person to whom letters of administration were issued under RCW 11.28.120(3) is acting as a principal or agent of a person or entity involved in the sale, purchase, repair, or transfer of a major probate asset, whether such asset was identified under RCW 11.28.110(1)(d) or identified subsequently, the court having jurisdiction must revoke his or her letters and may impose sanctions against him or her.
(6) A nonresident may be appointed to act as personal representative if the nonresident appoints an agent who is a resident of the county where such estate is being probated or who is an attorney of record of the estate, upon whom service of all papers may be made; such appointment to be made in writing and filed by the clerk with other papers of such estate; and, unless bond has been waived as provided by RCW 11.28.185, such nonresident personal representative must file a bond to be approved by the court.
[ 2026 c 204 s 5; 2013 c 272 s 1; 1983 c 51 s 1; 1983 c 3 s 14; 1965 c 145 s 11.36.010. Prior: 1959 c 43 s 1; 1917 c 156 s 87; RRS s 1457; prior: Code 1881 s 1409; 1863 p 227 s 164; 1860 p 189 s 131.]
Notes:
Rules of court: Counsel fees: SPR 98.12W.
Application—2013 c 272: See note following RCW 11.98.002.
Procedure during minority or absence of executor: RCW 11.28.040.
Trust company may act as personal representative: RCW 30A.08.150.

catchline: Parties disqualified—Result of disqualification after appointment—Nonresident personal representatives permitted.


title: RCW 11.36.021

text:
(1) The following may serve as trustees:
(a) Any suitable persons over the age of eighteen years, if not otherwise disqualified;
(b) Any trust company regularly organized under the laws of this state and national banks when authorized to do so;
(c) Any nonprofit corporation, if the articles of incorporation or bylaws of that corporation permit the action and if the corporation is in compliance with all applicable provisions of Title 24 RCW;
(d) Any professional service corporations, professional limited liability companies, or limited liability partnerships, that are duly organized under the laws of this state and whose shareholders, members, or partners, respectively, are exclusively attorneys;
(e) Any state or regional college or university, as those institutions are defined in RCW 28B.10.016;
(f) Any community or technical college, as those institutions are defined in RCW 28B.50.030; and
(g) Any other entity so authorized under the laws of the state of Washington.
(2) The following are disqualified to serve as trustees:
(a) Minors, persons of unsound mind, or persons who have been convicted of (i) any felony or (ii) any crime involving moral turpitude; and
(b) A corporation organized under Title 23B RCW that is not authorized under the laws of the state of Washington to act as a fiduciary.
[ 2013 c 272 s 2; 1991 c 72 s 1; 1985 c 30 s 6. Prior: 1984 c 149 s 9.]
Notes:
Application—2013 c 272: See note following RCW 11.98.002.
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.

catchline: Trustees—Who may serve.


title: RCW 11.40.010

text:
A person having a claim against the decedent may not maintain an action on the claim unless a personal representative has been appointed and the claimant has presented the claim as set forth in this chapter. However, this chapter does not affect the notice under RCW 82.32.240 or the ability to maintain an action against a notice agent under chapter 11.42 RCW.
[ 1997 c 252 s 7; 1995 1st sp.s. c 18 s 58; 1994 c 221 s 25; 1991 c 5 s 1; 1989 c 333 s 1; 1974 ex.s. c 117 s 33; 1967 c 168 s 7; 1965 c 145 s 11.40.010. Prior: 1923 c 142 s 3; 1917 c 156 s 107; RRS s 1477; prior: Code 1881 s 1465; 1860 p 195 s 157; 1854 p 280 s 78.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective dates—1994 c 221: See note following RCW 11.100.035.
Application—Effective date—1989 c 333: "This act is necessary for the immediate preservation of the public peace, health, or safety, or the support of the state government and its existing public institutions, and shall take effect immediately [May 11, 1989]. This act shall apply to probate proceedings that are open on or are commenced after the effective date, except that section 5 of this act shall apply only to decedents dying after the effective date." [ 1989 c 333 s 9.]
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.
Publication of legal notices: Chapter 65.16 RCW.

catchline: Claims—Presentation—Other notice not affected.


title: RCW 11.40.020

text:
(1) Subject to subsection (2) of this section, a personal representative may give notice to the creditors of the decedent, in substantially the form set forth in RCW 11.40.030, announcing the personal representative's appointment and requiring that persons having claims against the decedent present their claims within the time specified in RCW 11.40.051 or be forever barred as to claims against the decedent's probate and nonprobate assets. If notice is given:
(a) The personal representative shall file the notice with the court;
(b) The personal representative shall cause the notice to be published once each week for three successive weeks in a legal newspaper in the county in which the estate is being administered;
(c) The personal representative may, at any time during the probate proceeding, give actual notice to creditors who become known to the personal representative by serving the notice on the creditor or mailing the notice to the creditor at the creditor's last known address, by regular first-class mail, postage prepaid; and
(d) The personal representative shall also mail a copy of the notice, including the decedent's social security number, to the state of Washington department of social and health services office of financial recovery.
The personal representative shall file with the court proof by affidavit of the giving and publication of the notice.
(2) If the decedent was a resident of the state of Washington at the time of death and probate proceedings are commenced in a county other than the county of the decedent's residence, then instead of the requirements under subsection (1)(a) and (b) of this section, the personal representative shall cause the notice to creditors in substantially the form set forth in RCW 11.40.030 to be published once each week for three successive weeks in a legal newspaper in the county of the decedent's residence and shall file the notice with the superior court of the county in which the probate proceedings were commenced.
[ 2005 c 97 s 4; 1999 c 42 s 601; 1997 c 252 s 8; 1974 ex.s. c 117 s 34; 1965 c 145 s 11.40.020. Prior: 1917 c 156 s 108; RRS s 1478; prior: 1883 p 29 s 1; Code 1881 s 1468.]
Notes:
Effective date—1999 c 42: See RCW 11.96A.902.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.


title: RCW 11.40.030

text:
Notice under RCW 11.40.020 must contain the following elements in substantially the following form:
CAPTION
)
No.
OF CASE
)
PROBATE NOTICE TO
)
CREDITORS
. . . .
)
RCW 11.40.030
The personal representative named below has been appointed as personal representative of this estate. Any person having a claim against the decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the personal representative or the personal representative's attorney at the address stated below a copy of the claim and filing the original of the claim with the court in which the probate proceedings were commenced. The claim must be presented within the later of: (1) Thirty days after the personal representative served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(c); or (2) four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the decedent's probate and nonprobate assets.
Date of First
Publication:
Personal Representative:
Attorney for the Personal Representative:
Address for Mailing or Service:
Court of probate proceedings and cause number:
[ 2005 c 97 s 5; 1997 c 252 s 9; 1989 c 333 s 7; 1977 ex.s. c 234 s 8; 1974 ex.s. c 117 s 35; 1965 c 145 s 11.40.030. Prior: 1963 c 43 s 1; 1917 c 156 s 109; RRS s 1479; prior: Code 1881 s 1469; 1873 p 285 s 156; 1854 p 281 s 82.]
Notes:
Rules of court: SPR 98.08W, 98.10W, 98.12W.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Application—Effective date—1989 c 333: See note following RCW 11.40.010.
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Notice to creditors—Form.


title: RCW 11.40.040

text:
(1) For purposes of RCW 11.40.051, a "reasonably ascertainable" creditor of the decedent is one that the personal representative would discover upon exercise of reasonable diligence. The personal representative is deemed to have exercised reasonable diligence upon conducting a reasonable review of the decedent's correspondence, including correspondence received after the date of death, and financial records, including personal financial statements, loan documents, checkbooks, bank statements, and income tax returns, that are in the possession of or reasonably available to the personal representative.
(2) If the personal representative conducts the review, the personal representative is presumed to have exercised reasonable diligence to ascertain creditors of the decedent and any creditor not ascertained in the review is presumed not reasonably ascertainable within the meaning of RCW 11.40.051. These presumptions may be rebutted only by clear, cogent, and convincing evidence.
(3) The personal representative may evidence the review and resulting presumption by filing with the court an affidavit regarding the facts referred to in this section. The personal representative may petition the court for an order declaring that the personal representative has made a review and that any creditors not known to the personal representative are not reasonably ascertainable. The petition must be filed under RCW 11.96A.080 and the notice specified under RCW 11.96A.110 must also be given by publication.
[ 1999 c 42 s 607; 1997 c 252 s 10; 1994 c 221 s 28; 1974 ex.s. c 117 s 36; 1965 c 145 s 11.40.040. Prior: 1917 c 156 s 110; RRS s 1480; prior: Code 1881 s 1470; 1854 p 281 s 83.]
Notes:
Effective date—1999 c 42: See RCW 11.96A.902.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Effective dates—1994 c 221: See note following RCW 11.100.035.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.
Order of payment of debts: RCW 11.76.110.

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


title: RCW 11.40.051

text:
(1) Whether or not notice is provided under RCW 11.40.020, a person having a claim against the decedent is forever barred from making a claim or commencing an action against the decedent, if the claim or action is not already barred by an otherwise applicable statute of limitations, unless the creditor presents the claim in the manner provided in RCW 11.40.070 within the following time limitations:
(a) If the personal representative provided notice under RCW 11.40.020 and the creditor was given actual notice as provided in RCW 11.40.020(1)(c), the creditor must present the claim within the later of: (i) Thirty days after the personal representative's service or mailing of notice to the creditor; and (ii) four months after the date of first publication of the notice;
(b) If the personal representative provided notice under RCW 11.40.020 and the creditor was not given actual notice as provided in RCW 11.40.020(1)(c):
(i) If the creditor was not reasonably ascertainable, as defined in RCW 11.40.040, the creditor must present the claim within four months after the date of first publication of notice;
(ii) If the creditor was reasonably ascertainable, as defined in RCW 11.40.040, the creditor must present the claim within twenty-four months after the decedent's date of death; and
(c) If notice was not provided under this chapter or chapter 11.42 RCW, the creditor must present the claim within twenty-four months after the decedent's date of death.
(2) An otherwise applicable statute of limitations applies without regard to the tolling provisions of RCW 4.16.190.
(3) This bar is effective as to claims against both the decedent's probate and nonprobate assets.
[ 2005 c 97 s 6; 1997 c 252 s 11.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Claims against decedent—Time limits.


title: RCW 11.40.060

text:
The time limitations for presenting claims under this chapter do not accrue to the benefit of any liability or casualty insurer. Claims against the decedent or the decedent's marital community that can be fully satisfied by applicable insurance coverage or proceeds need not be presented within the time limitation of RCW 11.40.051, but the amount of recovery cannot exceed the amount of the insurance. The claims may at any time be presented as provided in RCW 11.40.070, subject to the otherwise relevant statutes of limitations, and do not constitute a cloud, lien, or encumbrance upon the title to the decedent's probate or nonprobate assets nor delay or prevent the conclusion of probate proceedings or the transfer or distribution of assets of the estate. This section does not serve to extend any otherwise relevant statutes of limitations.
[ 1997 c 252 s 12; 1974 ex.s. c 117 s 37; 1965 c 145 s 11.40.060. Prior: 1917 c 156 s 112; RRS s 1482; prior: Code 1881 s 1472; 1873 p 285 s 159; 1869 p 166 s 665; 1854 p 281 s 84.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

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


title: RCW 11.40.070

text:
(1) The claimant, the claimant's attorney, or the claimant's agent shall sign the claim and include in the claim the following information:
(a) The name and address of the claimant;
(b) The name, address, if different from that of the claimant, and nature of authority of an agent signing the claim on behalf of the claimant;
(c) A statement of the facts or circumstances constituting the basis of the claim;
(d) The amount of the claim; and
(e) If the claim is secured, unliquidated, contingent, or not yet due, the nature of the security, the nature of the uncertainty, or the date when it will become due.
Failure to describe correctly the information in (c), (d), or (e) of this subsection, if the failure is not substantially misleading, does not invalidate the claim.
(2) A claim does not need to be supported by affidavit.
(3) A claim must be presented within the time limits set forth in RCW 11.40.051 by: (a) Serving on or mailing to, by regular first-class mail, the personal representative or the personal representative's attorney a copy of the signed claim; and (b) filing the original of the signed claim with the court in which probate proceedings were commenced. A claim is deemed presented upon the later of the date of postmark or service on the personal representative, or the personal representative's attorney, and filing with the court.
(4) Notwithstanding any other provision of this chapter, if a claimant makes a written demand for payment within the time limits set forth in RCW 11.40.051, the personal representative may waive formal defects and elect to treat the demand as a claim properly filed under this chapter if: (a) The claim was due; (b) the amount paid is the amount of indebtedness over and above all payments and offsets; (c) the estate is solvent; and (d) the payment is made in good faith. Nothing in this chapter limits application of the doctrines of waiver, estoppel, or detrimental claims or any other equitable principle.
[ 2005 c 97 s 7; 1997 c 252 s 13; 1965 c 145 s 11.40.070. Prior: 1917 c 156 s 113; RRS s 1483; prior: Code 1881 s 1473; 1854 p 281 s 85.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

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


title: RCW 11.40.080

text:
(1) The personal representative shall allow or reject all claims presented in the manner provided in RCW 11.40.070. The personal representative may allow or reject a claim in whole or in part.
(2) If the personal representative has not allowed or rejected a claim within the later of four months from the date of first publication of the notice to creditors or thirty days from presentation of the claim, the claimant may serve written notice on the personal representative that the claimant will petition the court to have the claim allowed. If the personal representative fails to notify the claimant of the allowance or rejection of the claim within twenty days after the personal representative's receipt of the claimant's notice, the claimant may petition the court for a hearing to determine whether the claim should be allowed or rejected, in whole or in part. If the court substantially allows the claim, the court may allow the petitioner reasonable attorneys' fees chargeable against the estate.
[ 1997 c 252 s 14; 1994 c 221 s 29; 1988 c 64 s 22; 1965 c 145 s 11.40.080. Prior: 1917 c 156 s 114; RRS s 1484; prior: Code 1881 s 1474; 1854 p 281 s 86.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Effective dates—1994 c 221: See note following RCW 11.100.035.

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


title: RCW 11.40.090

text:
(1) If the personal representative allows a claim, the personal representative shall notify the claimant of the allowance by personal service or regular first-class mail to the address stated on the claim.
(2) A claim that on its face does not exceed one thousand dollars presented in the manner provided in RCW 11.40.070 must be deemed allowed and may not thereafter be rejected unless the personal representative has notified the claimant of rejection of the claim within the later of six months from the date of first publication of the notice to creditors and two months from the personal representative's receipt of the claim. The personal representative may petition for an order extending the period for automatic allowance of the claims.
(3) Allowed claims must be ranked among the acknowledged debts of the estate to be paid expeditiously in the course of administration.
(4) A claim may not be allowed if it is barred by a statute of limitations.
[ 1997 c 252 s 15; 1965 c 145 s 11.40.090. Prior: 1917 c 156 s 115; RRS s 1485; prior: Code 1881 s 1475; 1854 p 281 s 87.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Allowance of claims—Notice—Automatic allowance—Petition for extension—Ranking of claims—Barred claims.


title: RCW 11.40.100

text:
(1) If the personal representative rejects a claim, in whole or in part, the claimant must bring suit against the personal representative within thirty days after notification of rejection or the claim is forever barred. The personal representative shall notify the claimant of the rejection and file an affidavit with the court showing the notification and the date of the notification. The personal representative shall notify the claimant of the rejection by personal service or certified mail addressed to the claimant or the claimant's agent, if applicable, at the address stated in the claim. The date of service or of the postmark is the date of notification. The notification must advise the claimant that the claimant must bring suit in the proper court against the personal representative within thirty days after notification of rejection or the claim will be forever barred.
(2) The personal representative may, before or after rejection of any claim, compromise the claim, whether due or not, absolute or contingent, liquidated, or unliquidated, if it appears to the personal representative that the compromise is in the best interests of the estate.
[ 1997 c 252 s 16; 1974 ex.s. c 117 s 47; 1965 c 145 s 11.40.100. Prior: 1917 c 156 s 116; RRS s 1486; prior: Code 1881 s 1476; 1854 p 281 s 88.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Rejection of claim—Time limits—Notice—Compromise of claim.


title: RCW 11.40.110

text:
If an action is pending against the decedent at the time of the decedent's death, the plaintiff shall, within four months after appointment of the personal representative, serve on the personal representative a petition to have the personal representative substituted as defendant in the action. Upon hearing on the petition, the personal representative shall be substituted, unless, at or before the hearing, the claim of the plaintiff, together with costs, is allowed.
[ 1997 c 252 s 17; 1974 ex.s. c 117 s 38; 1965 c 145 s 11.40.110. Prior: 1917 c 156 s 117; RRS s 1487; prior: Code 1881 s 1477; 1854 p 282 s 89.]
Notes:
Rules of court: SPR 98.08W.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

catchline: Action pending at decedent's death—Personal representative as defendant.


title: RCW 11.40.120

text:
The effect of any judgment rendered against a personal representative shall be only to establish the amount of the judgment as an allowed claim.
[ 1997 c 252 s 18; 1965 c 145 s 11.40.120. Prior: 1917 c 156 s 118; RRS s 1488; prior: Code 1881 s 1478; 1854 p 282 s 90.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Effect of judgment against personal representative.


title: RCW 11.40.130

text:
If a judgment was entered against the decedent during the decedent's lifetime, an execution may not issue on the judgment after the death of the decedent. The judgment must be presented in the manner provided in RCW 11.40.070, but if the judgment is a lien on any property of the decedent, the property may be sold for the satisfaction of the judgment and the officer making the sale shall account to the personal representative for any surplus.
[ 1997 c 252 s 19; 1965 c 145 s 11.40.130. Prior: 1917 c 156 s 119; RRS s 1489; prior: Code 1881 s 1479; 1854 p 292 s 91.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

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


title: RCW 11.40.135

text:
If a creditor's claim is secured by any property of the decedent, this chapter does not affect the right of a creditor to realize on the creditor's security, whether or not the creditor presented the claim in the manner provided in RCW 11.40.070.
[ 1997 c 252 s 20.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

catchline: Secured claim—Creditor's right.


title: RCW 11.40.140

text:
If the personal representative has a claim against the decedent, the personal representative must present the claim in the manner provided in RCW 11.40.070, and the allowance or rejection of the claim shall be addressed, resolved, and settled under the procedures provided under chapter 11.96A RCW. This section applies whether or not the personal representative is acting under nonintervention powers.
[ 2021 c 140 s 4001; 1999 c 42 s 608; 1997 c 252 s 21; 1965 c 145 s 11.40.140. Prior: 1917 c 156 s 120; RRS s 1490; prior: Code 1881 s 1482; 1854 p 283 s 94.]
Notes:
Effective date—1999 c 42: See RCW 11.96A.902.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Request for special notice of proceedings in probate—Prohibitions: RCW 11.28.240.

catchline: Claim of personal representative—Presentation and petition—Filing.