title: RCW 11.114.090

text:
(1) Custodial property is created and a transfer is made if:
(a) An uncertificated security or a certificated security in registered form is either:
(i) Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: " . . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act"; or
(ii) Delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (2) of this section;
(b) Money is paid or delivered, or a security held in the name of a broker, financial institution, or its nominee is transferred, to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: " . . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act";
(c) The ownership of a life or endowment insurance policy or annuity contract is either:
(i) Registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: " . . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act"; or
(ii) Assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: " . . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act";
(d) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words: " . . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act";
(e) An interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: " . . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act";
(f) A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either:
(i) Issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: " . . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act"; or
(ii) Delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: " . . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act"; or
(g) An interest in any property not described in (a) through (f) of this subsection is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (2) of this section.
(2) An instrument in the following form satisfies the requirements of subsection (1)(a)(ii) and (g) of this section:
"TRANSFER UNDER THE WASHINGTON UNIFORM TRANSFERS TO MINORS ACT
I, . . . . . . (name of transferor or name and representative capacity if a fiduciary) hereby transfer to . . . . . . (name of custodian), as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act, the following: (insert a description of the custodial property sufficient to identify it).
(Electing the following paragraph is optional to the transferor):
□ If . . . . . . (name of custodian) is or becomes unable to act or to continue to act as custodian, the alternate or successor custodian shall be the first of the following persons, in order of preference and succession, who is then able and willing to act as custodian: (insert the name(s) of the alternate or successor custodian(s)).
1. . . . . . .
2. . . . . . .
3. . . . . . .
(Electing the following paragraph is optional to the transferor):
□ I elect to extend the custodianship to the minor's twenty-fifth birthday. i understand that electing to extend custodianship to age twenty-five may cause me to lose my annual exclusion from federal gift tax and that i should consult with an attorney or tax advisor before making this election.
Dated: . . . .
. . . .
(Signature)
. . . . . . (name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under the Washington uniform transfers to minors act.
Dated: . . . .
. . . ."
(Signature of Custodian)
(3) A transferor shall place the custodian in control of the custodial property as soon as practicable.
[ 2006 c 204 s 3; 1991 c 193 s 9.]
Notes:
Effective date—2006 c 204: "This act takes effect July 1, 2007." [ 2006 c 204 s 9.]

catchline: Form and manner of creating custodial property and effecting transfer.


doc_type: statute

jurisdiction: wa

title: RCW 11.114.100

text:
A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
[ 1991 c 193 s 10.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Single custodianship.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 11.114.110

text:
(1) The validity of a transfer made in a manner prescribed in this chapter is not affected by:
(a) Failure of the transferor to comply with RCW 11.114.090(3) concerning possession and control;
(b) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under RCW 11.114.090(1); or
(c) Death or incapacity of a person nominated under RCW 11.114.030 or designated under RCW 11.114.090 as custodian or the disclaimer of the office by that person.
(2) A transfer made pursuant to RCW 11.114.090 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this chapter.
(3) By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.
[ 1991 c 193 s 11.]

catchline: Validity and effect of transfer.


title: RCW 11.114.120

text:
(1) A custodian shall, as soon as custodial property is made available to the custodian:
(a) Take control of custodial property;
(b) Register or record title to custodial property if appropriate; and
(c) Collect, hold, manage, invest, and reinvest custodial property.
(2) In dealing with custodial property, a custodian shall observe the standard of care applicable to fiduciaries under chapter 11.100 RCW. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. A custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor according to the same standards as apply to a fiduciary holding trust funds under RCW 11.100.060. However, the provisions of RCW 11.100.025, 11.100.040, and 11.100.140 shall not apply to a custodian.
(3) A custodian may invest in or pay premiums on life insurance or endowment policies on (a) the life of the minor only if the minor or the minor's estate is the sole beneficiary, or (b) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
(4) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: ". . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act."
(5) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available upon request for inspection by a parent or legal representative of the minor or by the minor if the minor has attained the age of eighteen years.
[ 2006 c 204 s 4; 1991 c 193 s 12.]
Notes:
Effective date—2006 c 204: See note following RCW 11.114.090.

catchline: Care of custodial property.


title: RCW 11.114.130

text:
(1) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, including without limitation all the powers granted to a trustee under RCW 11.98.070, but a custodian may exercise those rights, powers, and authority only in a custodial capacity.
(2) This section does not relieve a custodian from liability for breach of RCW 11.114.120.
[ 1991 c 193 s 13.]

catchline: Powers of custodian.


title: RCW 11.114.140

text:
(1) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (a) the duty or ability of the custodian personally or of any other person to support the minor, or (b) any other income or property of the minor which may be applicable or available for that purpose.
(2) On petition of an interested person or the minor if the minor has attained the age of eighteen years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(3) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
[ 2006 c 204 s 5; 1991 c 193 s 14.]
Notes:
Effective date—2006 c 204: See note following RCW 11.114.090.

catchline: Use of custodial property.


title: RCW 11.114.150

text:
(1) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
(2) Except for one who is a transferor under RCW 11.114.040, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(3) Except as provided in RCW 11.114.180(6), a custodian need not give a bond.
(4) Notwithstanding RCW 11.114.190, a custodian not compensated for services is not liable for losses to the custodial property unless they result from bad faith, intentional wrongdoing, or gross negligence, or from failure to maintain the standard of prudence in investing the custodial property provided in this chapter.
[ 1991 c 193 s 15.]

catchline: Custodian's expenses, compensation, and bond.


title: RCW 11.114.160

text:
A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian or successor custodian and, in the absence of knowledge, is not responsible for determining:
(1) The validity of the purported custodian's designation;
(2) The propriety of, or the authority under this chapter for, any act of the purported custodian;
(3) The validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4) The propriety of the application of any property of the minor delivered to the purported custodian.
[ 1991 c 193 s 16.]

catchline: Exemption of third person from liability.


title: RCW 11.114.170

text:
(1) A claim based on:
(a) A contract entered into by a custodian acting in a custodial capacity;
(b) An obligation arising from the ownership or control of custodial property;
(c) A tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor; or
(d) A noncontractual obligation, including obligations in tort, is collectible from the custodial property only if:
(i) The obligation was a common incident of the kind of business activity in which the custodian or the custodian's predecessor was properly engaged for the custodianship;
(ii) Neither the custodian nor the custodian's predecessor, nor any officer or employee of the custodian or the custodian's predecessor was personally at fault in incurring the obligation; or
(iii) Although the obligation did not fall within (d)(i) or (ii) of this subsection, the incident that gave rise to the obligation increased the value of the custodial property.
If the obligation is within (d)(i) or (ii) or [of] this subsection, collection may be had of the full amount of damage proved. If the obligation is within (d)(iii) of this subsection, collection may be had only to the extent of the increase in the value of the trust property.
(2) A custodian is not personally liable:
(a) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity. The addition of the words "custodian" or "as custodian" after the signature of a custodian is adequate revelation of this capacity; or
(b) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodial property is not liable for the obligation under *(b) of this subsection and unless the custodian is personally at fault.
(3) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
[ 1991 c 193 s 17.]
Notes:
*Reviser's note: The reference to (b) of this subsection appears erroneous. Reference to subsection (1)(b) of this section was apparently intended.

catchline: Liability to third persons.


title: RCW 11.114.180

text:
(1) A person nominated under RCW 11.114.030 or designated under RCW 11.114.090 as custodian may decline to serve. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under RCW 11.114.030, the person who made the nomination may nominate a substitute custodian under RCW 11.114.030; otherwise the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under RCW 11.114.090(1). The custodian so designated has the rights of a successor custodian.
(2) A custodian at any time may designate a trust company or an adult other than a transferor under RCW 11.114.040 as successor custodian by executing and dating an instrument of designation. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed, and custodial property is transferred to the successor custodian.
(3) A custodian may resign at any time by delivering written notice to the minor, if the minor has attained the age of eighteen years, and to the successor custodian, and by delivering the custodial property to the successor custodian.
(4) If a custodian is ineligible, dies, or becomes incapacitated and no successor custodian has been designated as provided in this chapter, and the minor has attained the age of eighteen years, the minor may designate as successor custodian, in the manner prescribed in subsection (2) of this section, an adult member of the minor's family, a guardian of the minor, or a trust company. If the minor has not attained the age of eighteen years or fails to act within sixty days after the ineligibility, death, or incapacity, the guardian of the minor becomes successor custodian. If the minor has no guardian or the guardian declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family, or any other interested person may petition the court to designate a successor custodian.
(5) A custodian who declines to serve under subsection (1) of this section or resigns under subsection (3) of this section, or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
(6) A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the minor, or the minor if the minor has attained the age of eighteen years may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under RCW 11.114.040 or to require the custodian to give appropriate bond.
[ 2006 c 204 s 6; 1991 c 193 s 18.]
Notes:
Effective date—2006 c 204: See note following RCW 11.114.090.

catchline: Renunciation, resignation, death, or removal of custodian—Designation of successor custodian.


title: RCW 11.114.190

text:
(1) A minor who has attained the age of eighteen years, the minor's legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court (a) for an accounting by the custodian or the custodian's legal representative; or (b) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under RCW 11.114.170 to which the minor or the minor's legal representative was a party.
(2) A successor custodian may petition the court for an accounting by the predecessor custodian.
(3) The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
(4) If a custodian is removed under RCW 11.114.180(6), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
[ 2006 c 204 s 7; 1991 c 193 s 19.]
Notes:
Effective date—2006 c 204: See note following RCW 11.114.090.

catchline: Accounting by and determination of liability of custodian.


title: RCW 11.114.200

text:
(1) Subject to RCW 11.114.220, the custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:
(a) The minor's attainment of twenty-one years of age with respect to custodial property transferred under RCW 11.114.040 or 11.114.050;
(b) The minor's attainment of eighteen years of age with respect to custodial property transferred under RCW 11.114.060 or 11.114.070; or
(c) The minor's death.
(2) The transferor may, in the initial nomination of custodian, extend the custodianship to the earlier of the minor's attainment of twenty-five years of age or the minor's death unless:
(a) The governing will, trust, or instrument creating the power of appointment specifically provides otherwise if the custodian property is transferred under RCW 11.114.040, 11.114.050, or 11.114.060; or
(b) The custodial property is transferred under RCW 11.114.070. In that case, the person nominating the custodian under RCW 11.114.030 may elect to extend the custodianship. If no custodian has been nominated under RCW 11.114.030, the court establishing the custodianship under RCW 11.114.070(4) may extend the custodianship if it determines that doing so would not be contrary to the interest of the minor.
(3) An extension of the custodianship under subsection (2) of this section will be valid only if the transfer creating the custodianship is made on or after July 1, 2007.
(4) Any bank, trust company, insurance company, registered broker-dealer, investment company regulated under the federal Investment Company Act of 1940, investment advisor regulated under the federal Investment Advisors Act of 1940, or other person who makes custodianship forms available for adoption in contemplation of selling assets to or managing assets for a custodianship shall include, in any form made available on or after July 1, 2007, an option to extend the custodianship under subsection (2) of this section and a warning to the transferor that exercising the option to extend may result in the transfer not qualifying for annual exclusion from federal gift tax. An instrument in the form described in RCW 11.114.090(2) will satisfy the requirements of this subsection.
[ 2006 c 204 s 8; 1991 c 193 s 20.]
Notes:
Effective date—2006 c 204: See note following RCW 11.114.090.

catchline: Termination of custodianship—Extension.


title: RCW 11.114.210

text:
This chapter applies to a transfer within the scope of RCW 11.114.020 made after July 1, 1991, if:
(1) The transfer purports to have been made under the Washington uniform gifts to minors act; or
(2) The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the uniform gifts to minors act" or "as custodian under the uniform transfers to minors act" of any other state, and the application of this chapter is necessary to validate the transfer.
[ 1991 c 193 s 21.]

catchline: Applicability.


title: RCW 11.114.220

text:
(1) Any transfer of custodial property as now defined in this chapter made before July 1, 1991, is validated notwithstanding that there was no specific authority in the Washington uniform gifts to minors act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(2) This chapter applies to all transfers made before July 1, 1991, in a manner and form prescribed in the Washington uniform gifts to minors act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on July 1, 1991. However, as to any custodianship established after August 9, 1971, but prior to January 1, 1985, a minor has the right after attaining the age of eighteen to demand delivery from the custodian of all or any portion of the custodial property.
[ 1991 c 193 s 22.]

catchline: Effect on existing custodianships.


title: RCW 11.114.230

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.
[ 1991 c 193 s 23.]

catchline: Uniformity of application and construction.


title: RCW 11.114.900

text:
This chapter may be cited as the uniform transfers to minors act.
[ 1991 c 193 s 24.]

catchline: Short title.


title: RCW 11.114.902

text:
To the extent that this chapter, by virtue of RCW 11.114.220(2), does not apply to transfers made in a manner prescribed in the uniform gifts to minors act of Washington or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of the uniform gifts to minors act of Washington does not affect those transfers or those powers, duties, and immunities.
[ 1991 c 193 s 26.]

catchline: Savings—1991 c 193.


title: RCW 11.114.903

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.
[ 1991 c 193 s 34.]

catchline: Effective date—1991 c 193.


title: RCW 11.118.005

text:
The purpose of this chapter is to recognize and validate certain trusts that are established for the benefit of animals. Under the common law such trusts were unenforceable at law. The legislature intends that such trusts be recognized as valid, and that such trusts be enforceable in accordance with their terms.
[ 2001 c 327 s 1.]

catchline: Purpose—Intent.


title: RCW 11.118.010

text:
As used in this chapter, "animal" means a nonhuman animal with vertebrae.
[ 2001 c 327 s 2.]

catchline: Definition.


title: RCW 11.118.020

text:
A trust for the care of one or more animals is valid. The animals that are to be benefited by the trust may be individually identified, or may be identified in such other manner that they can be readily identified. Unless otherwise provided in the trust instrument or in this chapter, the trust will terminate when no animal that is designated as a beneficiary of the trust remains living.
[ 2001 c 327 s 3.]

catchline: Validity of animal trust.


title: RCW 11.118.030

text:
Except as expressly provided otherwise in the trust instrument or in RCW 11.118.070, and except as may be necessary to pay the trustee reasonable compensation and to reimburse the trustee for reasonable costs incurred on behalf of the trust, no portion of the principal or income of the trust may be converted to the use of the trustee or to any use other than for the trust's purpose or for the benefit of the designated animal or animals.
[ 2001 c 327 s 4.]

catchline: Use of trust principal or income.


title: RCW 11.118.040

text:
Upon termination of the trust, the trustee shall transfer the unexpended trust property in the following order:
(1) As directed in the instrument;
(2) If the trust was created in a nonresiduary clause in the trustor's will or in a codicil to the trustor's will and the will or codicil does not direct otherwise, under the residuary clause in the trustor's will, which shall be read as though the testator died on the date the trust terminated; and
(3) If no taker is produced by the application of subsection (1) or (2) of this section, to the trustor's heirs under RCW 11.04.015, as it exists at the time of the trust's termination.
[ 2001 c 327 s 5.]

catchline: Termination of trust.


title: RCW 11.118.050

text:
The intended use of the principal or income can be enforced by a person designated for that purpose in the trust instrument, by the person having custody of an animal that is a beneficiary of the trust, or by a person appointed by a court upon application to it by any person. Such person is considered to be a permissible distributee, as defined in RCW 11.98.002, of the trust. A person with an interest in the welfare of the animal may petition for an order appointing or removing a person designated or appointed to enforce the trust.
[ 2013 c 272 s 27; 2001 c 327 s 6.]
Notes:
Application—2013 c 272: See note following RCW 11.98.002.

catchline: Enforcement of trust provisions.


title: RCW 11.118.060

text:
Except as ordered by the court or required by the trust instrument, no filing, report, registration, or periodic accounting shall be required of the trust or the trustee.
[ 2001 c 327 s 7.]

catchline: Accounting requirements.


title: RCW 11.118.070

text:
If no trustee is designated or no designated trustee is willing or able to serve, the court shall name a trustee. The court may order the removal of an acting trustee and the transfer of the property to another trustee if it is necessary or appropriate in order to assure that the intended use is carried out. A court may also make such other orders and determinations as shall be advisable to carry out the intent of the trustor and the purpose of this chapter.
[ 2001 c 327 s 8.]

catchline: Appointment and removal of trustee.


title: RCW 11.118.080

text:
In construing the language of a trust for an animal, the governing instrument shall be liberally construed to provide the protections of this chapter. It is presumed that language contained in a trust for an animal is not merely precatory or honorary in nature unless it can be shown by clear and cogent evidence that such was the trustor's intent. Extrinsic evidence is admissible in determining the trustor's intent.
[ 2001 c 327 s 9.]

catchline: Construction of trust language.


title: RCW 11.118.090

text:
RCW 11.98.130 through 11.98.160 apply to trusts that are subject to this chapter.
[ 2001 c 327 s 11.]

catchline: Application of rule against perpetuities—Effective date of trust.


title: RCW 11.118.100

text:
Except as otherwise provided in the trust instrument or in this chapter, all powers and duties conferred on a trustee under Washington law also apply to the trustee of a trust for animals.
[ 2001 c 327 s 12.]

catchline: Trustee powers.


title: RCW 11.118.110

text:
This chapter applies to trusts that are created on or after July 22, 2001, and to trusts that are in existence on July 22, 2001, but that are revocable by the trustor on July 22, 2001. If a trustor is incompetent to exercise a power of revocation on July 22, 2001, this chapter does not apply to such trust unless the trustor later becomes competent to exercise such power of revocation, in which case this chapter applies to such trust.
[ 2001 c 327 s 13.]

catchline: Application of chapter.


title: RCW 11.12.010

text:
Any person of sound mind who has attained the age of eighteen years may, by last will, devise all his or her estate, both real and personal.
All wills executed subsequent to September 16, 1940, and which meet the requirements of this section are hereby validated and shall have all the force and effect of wills executed subsequent to the taking effect of this section.
[ 1970 ex.s. c 17 s 3; 1965 c 145 s 11.12.010. Prior: 1943 c 193 s 1; 1917 c 156 s 24; Rem. Supp. 1943 s 1394; prior: Code 1881 s 1318; 1863 p 207 s 51; 1860 p 169 s 18.]

catchline: Who may make a will.


title: RCW 11.12.020

text:
(1) Except as provided in RCW 11.12.400 through 11.12.491, every will shall be in writing signed by the testator or by some other person under the testator's direction in the testator's presence or electronic presence, and shall be attested by two or more competent witnesses, by subscribing their names to the will, or by signing an affidavit that complies with RCW 11.20.020(2), while in the presence or electronic presence of the testator and at the testator's direction or request: PROVIDED, That a last will and testament, executed in the mode prescribed by the law of the place where executed or of the testator's domicile, either at the time of the will's execution or at the time of the testator's death, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of this state. Any will executed by a testator and witnesses who are not in the same physical location but in the electronic presence of one another in accordance with this section may be executed, attested, or acknowledged in counterparts, which together shall be considered a single document.
(2) This section shall be applied to all wills, whenever executed, including those subject to pending probate proceedings.
[ 2021 c 140 s 1013; 1990 c 79 s 1; 1965 c 145 s 11.12.020. Prior: 1929 c 21 s 1; 1917 c 156 s 25; RRS s 1395; prior: Code 1881 s 1319; 1863 p 207 ss 53, 54; 1860 p 170 ss 20, 21. FORMER PART OF SECTION; re nuncupative wills, now codified as RCW 11.12.025.]
Notes:
Effective date—2021 c 140 ss 1001-1016: See note following RCW 11.12.400.

catchline: Requisites of wills—Foreign wills—Electronic presence.


title: RCW 11.12.025

text:
Nothing contained in this chapter shall prevent any member of the armed forces of the United States or person employed on a vessel of the United States merchant marine from disposing of his wages or personal property, or prevent any person competent to make a will from disposing of his or her personal property of the value of not to exceed one thousand dollars, by nuncupative will if the same be proved by two witnesses who were present at the making thereof, and it be proven that the testator, at the time of pronouncing the same, did bid some person present to bear witness that such was his will, or to that effect, and that such nuncupative will was made at the time of the last sickness of the testator, but no proof of any nuncupative will shall be received unless it be offered within six months after the speaking of the testamentary words, nor unless the words or the substance thereof be first committed to writing, and in all cases a citation be issued to the widow and/or heirs at law of the deceased that they may contest the will, and no real estate shall be devised by a nuncupative will.
[ 1965 c 145 s 11.12.025. Formerly RCW 11.12.020, part.]

catchline: Nuncupative wills.


title: RCW 11.12.030

text:
Every person who shall sign the testator's or testatrix's name to any will by his or her direction shall subscribe his or her own name to such will and state that he or she subscribed the testator's name at his or her request: PROVIDED, That such signing and statement shall not be required if the testator shall evidence the approval of the signature so made at his or her request by making his or her mark on the will.
[ 2010 c 8 s 2011; 1965 c 145 s 11.12.030. Prior: 1927 c 91 s 1; 1917 c 156 s 27; RRS s 1397; prior: Code 1881 s 1320; 1863 p 207 s 54; 1860 p 170 s 21.]

catchline: Signature of testator at his or her direction—Signature by mark.


title: RCW 11.12.040

text:
(1) A will, or any part thereof, can be revoked:
(a) By a subsequent will that revokes, or partially revokes, the prior will expressly or by inconsistency; or
(b) By being burnt, torn, canceled, obliterated, destroyed, or a physical act, with the intent and for the purpose of revoking the same, by the testator or by another person in the presence and by the direction of the testator. If such act is done by any person other than the testator, the direction of the testator and the facts of such injury or destruction must be proved by two witnesses.
(2) Revocation of a will in its entirety revokes its codicils, unless revocation of a codicil would be contrary to the testator's intent.
[ 2021 c 140 s 1014; 1994 c 221 s 12; 1965 c 145 s 11.12.040. Prior: 1917 c 156 s 28; RRS s 1398; prior: Code 1881 s 1321; 1863 p 207 s 55; 1860 p 170 s 22.]
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.

catchline: Revocation of will—How effected—Effect on codicils.


title: RCW 11.12.051

text:
(1) If, after making a will, the testator's marriage or domestic partnership is dissolved, invalidated, or terminated, all provisions in the will in favor of or granting any interest or power to the testator's former spouse or former domestic partner are revoked, unless the will expressly provides otherwise. Provisions affected by this section must be interpreted, and property affected passes, as if the former spouse or former domestic partner failed to survive the testator, having died at the time of entry of the decree of dissolution or declaration of invalidity. Provisions revoked by this section are revived by the testator's remarriage to the former spouse or reregistration of the domestic partnership with the former domestic partner. Revocation of certain nonprobate transfers is provided under RCW 11.07.010.
(2) This section is remedial in nature and applies to decrees of dissolution and declarations of invalidity entered before, on, or after January 1, 1995.
[ 2008 c 6 s 910; 1994 c 221 s 11.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Dissolution, invalidation, or termination of marriage or domestic partnership.


title: RCW 11.12.060

text:
A bond, covenant, or agreement made for a valuable consideration by a testator to convey any property, devised or bequeathed in any last will previously made, shall not be deemed a revocation of such previous devise or bequest, but such property shall pass by the devise or bequest, subject to the same remedies on such bond, covenant, or agreement, for specific performance or otherwise, against devisees or legatees, as might be had by law against the heirs of the testator or his or her next of kin, if the same had descended to him or her.
[ 2010 c 8 s 2012; 1965 c 145 s 11.12.060. Prior: 1917 c 156 s 30; RRS s 1400; prior: Code 1881 s 1323; 1863 p 208 s 58; 1860 p 170 s 25.]

catchline: Agreement to convey does not revoke.


title: RCW 11.12.070

text:
When any real or personal property subject to a mortgage is specifically devised, the devisee shall take such property so devised subject to such mortgage unless the will provides that such mortgage be otherwise paid. The term "mortgage" as used in this section shall not include a pledge of personal property.
A charge or encumbrance upon any real or personal estate for the purpose of securing the payment of money, or the performance of any covenant or agreement, shall not be deemed a revocation of any will relating to the same estate, previously executed. The devises and legacies therein contained shall pass and take effect, subject to such charge or encumbrance.
[ 1965 c 145 s 11.12.070. Prior: 1955 c 205 s 2; 1917 c 156 s 31; RRS s 1401; prior: Code 1881 s 1324; 1860 p 170 s 26.]

catchline: Devise or bequeathal of property subject to encumbrance.


title: RCW 11.12.080

text:
(1) If, after making any will, the testator shall execute a later will that wholly revokes the former will, the destruction, cancellation, or revocation of the later will shall not revive the former will, unless it was the testator's intention to revive it.
(2) Revocation of a codicil shall revive a prior will or part of a prior will that the codicil would have revoked had it remained in effect at the death of the testator, unless it was the testator's intention not to revive the prior will or part.
(3) Evidence that revival was or was not intended includes, in addition to a writing by which the later will or codicil is revoked, the circumstances of the revocation or contemporary or subsequent declarations of the testator.
[ 1994 c 221 s 13; 1965 c 145 s 11.12.080. Prior: 1917 c 156 s 35; RRS s 1405; prior: Code 1881 s 1328; 1863 p 208 s 63; 1860 p 171 s 30.]
Notes:
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Revocation of later will or codicil—Effect—Evidence.


title: RCW 11.12.091

text:
(1) If a will fails to name or provide for a child of the decedent who is born or adopted by the decedent after the will's execution and who survives the decedent, referred to in this section as an "omitted child," the child must receive a portion of the decedent's estate as provided in subsection (3) of this section, unless it appears either from the will or from other clear and convincing evidence that the failure was intentional.
(2) In determining whether an omitted child has been named or provided for, the following rules apply:
(a) A child identified in a will by name is considered named whether identified as a child or in any other manner.
(b) A reference in a will to a class described as the children, descendants, or issue of the decedent who are born after the execution of the will, or words of similar import, constitutes a naming of a person who falls within the class. A reference to another class, such as a decedent's heirs or family, does not constitute such a naming.
(c) A nominal interest in an estate does not constitute a provision for a child receiving the interest.
(3) The omitted child must receive an amount equal in value to that which the child would have received under RCW 11.04.015 if the decedent had died intestate, unless the court determines on the basis of clear and convincing evidence that a smaller share, including no share at all, is more in keeping with the decedent's intent. In making the determination, the court may consider, among other things, the various elements of the decedent's dispositive scheme, provisions for the omitted child outside the decedent's will, provisions for the decedent's other children under the will and otherwise, and provisions for the omitted child's other parent under the will and otherwise.
(4) In satisfying a share provided by this section, the bequests made by the will abate as provided in chapter 11.10 RCW.
[ 1994 c 221 s 9.]
Notes:
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Omitted child.


title: RCW 11.12.095

text:
(1) If a will fails to name or provide for a spouse or domestic partner of the decedent whom the decedent marries or enters into a domestic partnership after the will's execution and who survives the decedent, referred to in this section as an "omitted spouse" or "omitted domestic partner," the spouse or domestic partner must receive a portion of the decedent's estate as provided in subsection (3) of this section, unless it appears either from the will or from other clear and convincing evidence that the failure was intentional.
(2) In determining whether an omitted spouse or omitted domestic partner has been named or provided for, the following rules apply:
(a) A spouse or domestic partner identified in a will by name is considered named whether identified as a spouse or domestic partner or in any other manner.
(b) A reference in a will to the decedent's future spouse or spouses or future domestic partner or partners, or words of similar import, constitutes a naming of a spouse or domestic partner whom the decedent later marries or with whom the decedent enters into a domestic partnership. A reference to another class such as the decedent's heirs or family does not constitute a naming of a spouse or domestic partner who falls within the class.
(c) A nominal interest in an estate does not constitute a provision for a spouse or domestic partner receiving the interest.
(3) The omitted spouse or omitted domestic partner must receive an amount equal in value to that which the spouse or domestic partner would have received under RCW 11.04.015 if the decedent had died intestate, unless the court determines on the basis of clear and convincing evidence that a smaller share, including no share at all, is more in keeping with the decedent's intent. In making the determination the court may consider, among other things, the spouse's or domestic partner's property interests under applicable community property or quasi-community property laws, the various elements of the decedent's dispositive scheme, and a marriage settlement or settlement in a domestic partnership or other provision and provisions for the omitted spouse or omitted domestic partner outside the decedent's will.
(4) In satisfying a share provided by this section, the bequests made by the will abate as provided in chapter 11.10 RCW.
[ 2008 c 6 s 911; 1994 c 221 s 10.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Omitted spouse or omitted domestic partner.


title: RCW 11.12.110

text:
Unless otherwise provided, when any property shall be given or any appointee appointed under a will, or under a trust of which the decedent is a grantor and which by its terms becomes irrevocable upon or before the grantor's death, to any issue of a grandparent of the decedent and that issue dies before the decedent, or dies before that issue's interest is no longer subject to a contingency, leaving descendants who survive the decedent, those descendants shall take that property or appointment as the predeceased issue would have done if the predeceased issue had survived the decedent. If those descendants are all in the same degree of kinship to the predeceased issue they shall take equally or, if of unequal degree, then those of more remote degree shall take by representation with respect to the predeceased issue.
[ 2021 c 140 s 3604; 2005 c 97 s 2; 1994 c 221 s 14; 1965 c 145 s 11.12.110. Prior: 1947 c 44 s 1; 1917 c 156 s 34; Rem. Supp. 1947 s 1404; prior: Code 1881 s 1327; 1863 p 208 s 62; 1860 p 171 s 29.]
Notes:
Effective date—2021 c 140 ss 3101-3614: See RCW 11.95A.903.
Effective dates—1994 c 221: See note following RCW 11.100.035.
When beneficiary with disclaimed interest deemed to have died: RCW 11.86.041.

catchline: Death of grandparent's issue before grantor.


title: RCW 11.12.120

text:
(1) If a will makes a gift to a person on the condition that the person survive the testator and the person does not survive the testator, then, unless otherwise provided, the gift lapses and falls into the residue of the estate to be distributed under the residuary clause of the will, if any, but otherwise according to the laws of descent and distribution.
(2) If the will gives the residue to two or more persons, the share of a person who does not survive the testator passes, unless otherwise provided, and subject to RCW 11.12.110, to the other person or persons receiving the residue, in proportion to the interest of each in the remaining part of the residue.
(3) The personal representative of the testator, a person who would be affected by the lapse or distribution of a gift under this section, or a guardian ad litem or other representative appointed to represent the interests of a person so affected may petition the court for a determination under this section, and the petition must be heard under the procedures of chapter 11.96A RCW.
(4) For purposes of this section, the appointment of an appointee under a will is a gift and may form part of the residue.
[ 2021 c 140 s 3605; 1999 c 42 s 604; 1994 c 221 s 15; 1974 ex.s. c 117 s 51; 1965 c 145 s 11.12.120. Prior: 1937 c 151 s 1; RRS s 1404-1.]
Notes:
Effective date—2021 c 140 ss 3101-3614: See RCW 11.95A.903.
Effective date—1999 c 42: See RCW 11.96A.902.
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.

catchline: Lapsed gift—Procedure and proof.


title: RCW 11.12.160

text:
(1) An interested witness to a will is one who would receive a gift under the will.
(2) A will or any of its provisions is not invalid because it is signed by an interested witness. Unless there are at least two other subscribing witnesses to the will who are not interested witnesses, the fact that the will makes a gift to a subscribing witness creates a rebuttable presumption that the witness procured the gift by duress, menace, fraud, or undue influence.
(3) If the presumption established under subsection (2) of this section applies and the interested witness fails to rebut it, the interested witness shall take so much of the gift as does not exceed the share of the estate that would be distributed to the witness if the will were not established.
(4) The presumption established under subsection (2) of this section has no effect other than that stated in subsection (3) of this section.
[ 1994 c 221 s 16; 1965 c 145 s 11.12.160. Prior: 1917 c 156 s 38; RRS s 1408; prior: Code 1881 s 1331; 1863 p 209 s 67; 1860 p 171 s 34.]
Notes:
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Interested witness—Effect on will.


title: RCW 11.12.170

text:
Every devise of land in any will shall be construed to convey all the estate of the devisor therein which he or she could lawfully devise, unless it shall clearly appear by the will that he or she intended to convey a less estate.
[ 2010 c 8 s 2013; 1965 c 145 s 11.12.170. Prior: 1917 c 156 s 39; RRS s 1409; prior: Code 1881 s 1332; 1863 p 209 s 69; 1860 p 172 s 36.]

catchline: Devise of land, what passes.


title: RCW 11.12.180

text:
The Rule in Shelley's Case is abolished as a rule of law and as a rule of construction. If an applicable statute or a governing instrument calls for a future distribution to or creates a future interest in a designated individual's "heirs," "heirs at law," "next of kin," "relatives," or "family," or language of similar import, the property passes to those persons, including the state under chapter 11.08 RCW, that would succeed to the designated individual's estate under chapter 11.04 RCW. The property must pass to those persons as if the designated individual had died when the distribution or transfer of the future interest was to take effect in possession or enjoyment. For purposes of this section and RCW 11.12.185, the designated individual's surviving spouse or surviving domestic partner is deemed to be an heir, regardless of whether the surviving spouse or surviving domestic partner has remarried or entered into a subsequent domestic partnership.
[ 2008 c 6 s 912; 1994 c 221 s 17; 1965 c 145 s 11.12.180. Prior: 1917 c 156 s 40; RRS s 1410; prior: Code 1881 s 1333; 1863 p 210 s 70; 1860 p 172 s 37.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Rule in Shelley's Case abolished—Future distribution or interest to heirs.


title: RCW 11.12.185

text:
The Doctrine of Worthier Title is abolished as a rule of law and as a rule of construction. However, the Doctrine of Worthier Title is preserved as a rule of construction if:
(1) A grantor has established in inter vivos trust of real property;
(2) The grantor has expressly reserved a reversion to himself or herself; and
(3) The words "heirs" or "heirs at law" are used by the grantor to describe the quality of the grantor's title in the reversion as an estate in fee simple in the event that the property reverts to the grantor.
In all other cases, language in a governing instrument describing the beneficiaries of a donative disposition as the transferor's "heirs," "heirs at law," "next of kin," "distributees," "relatives," or "family," or language of similar import, does not create or presumptively create a reversionary interest in the transferor.
[ 1994 c 221 s 18.]
Notes:
Effective dates—1994 c 221: See note following RCW 11.100.035.

catchline: Doctrine of Worthier Title abolished—Exception.


title: RCW 11.12.190

text:
Any estate, right or interest in property acquired by the testator after the making of his or her will may pass thereby and in like manner as if title thereto was vested in him or her at the time of making the will, unless the contrary manifestly appears by the will to have been the intention of the testator.
[ 2010 c 8 s 2014; 1965 c 145 s 11.12.190. Prior: 1917 c 156 s 41; RRS s 1411; prior: Code 1881 s 1334; 1863 p 210 s 71; 1860 p 172 s 38.]

catchline: Will to operate on after-acquired property.


title: RCW 11.12.220

text:
No interest shall be allowed or calculated on any devise contained in any will unless such will expressly provides for such interest.
[ 1965 c 145 s 11.12.220. Prior: 1917 c 156 s 26; RRS s 1396.]

catchline: No interest on devise unless will so provides.


title: RCW 11.12.230

text:
All courts and others concerned in the execution of last wills shall have due regard to the direction of the will, and the true intent and meaning of the testator, in all matters brought before them.
[ 1965 c 145 s 11.12.230. Prior: 1917 c 156 s 45; RRS s 1415; prior: Code 1881 s 1338; 1863 p 210 s 75; 1860 p 172 s 42.]

catchline: Intent of testator controlling.


title: RCW 11.12.250

text:
A gift may be made by a will to a trustee of a trust executed by any trustor or testator (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts) if (1) the trust is identified in the testator's will and (2) its terms are evidenced either (a) in a written instrument other than a will, executed by the trustor prior to or concurrently with the execution of the testator's will or (b) in the will of a person who has predeceased the testator, regardless of when executed. The existence, size, or character of the corpus of the trust is immaterial to the validity of the gift. Such gift shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the testator's will or after the testator's death. Unless the will provides otherwise, the property so given shall not be deemed to be held under a testamentary trust of the testator but shall become a part of the trust to which it is given to be administered and disposed of in accordance with the terms of the instrument establishing the trust, including any amendments, made prior to the death of the testator, and regardless of whether made before or after the execution of the will. Unless the will provides otherwise, an express revocation of the trust prior to the testator's death invalidates the gift. Any termination of the trust other than by express revocation does not invalidate the gift. For purposes of this section, the term "gift" includes the exercise of any testamentary power of appointment.
[ 1985 c 23 s 2. Prior: 1984 c 149 s 5; 1965 c 145 s 11.12.250; prior: 1959 c 116 s 1.]
Notes:
Short title—Application—1985 c 30: See RCW 11.02.900 through 11.02.903.
Purpose—1985 c 23: "The purpose of this act is to make technical corrections to chapter 149, Laws of 1984, and to ensure that the changes made in that chapter meet the constitutional requirements of Article II, section 19 of the state Constitution." [ 1985 c 23 s 1.]
Application—1985 c 23: "This act shall apply to wills of decedents dying after December 31, 1984." [ 1985 c 23 s 5.]
Severability—1985 c 23: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1985 c 23 s 6.]
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
Trusts—Rule against perpetuities: Chapter 11.98 RCW.

catchline: Gift to trust.


title: RCW 11.12.255

text:
A will may incorporate by reference any writing in existence when the will is executed if the will itself manifests the testator's intent to incorporate the writing and describes the writing sufficiently to permit its identification. In the case of any inconsistency between the writing and the will, the will controls.
[ 1985 c 23 s 3. Prior: 1984 c 149 s 6.]
Notes:
Short title—Application—1985 c 30: See RCW 11.02.900 through 11.02.903.
Purpose—Application—Severability—1985 c 23: See notes following RCW 11.12.250.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.

catchline: Incorporation by reference.


title: RCW 11.12.260

text:
(1) A will or a trust of which the decedent is a grantor and which by its terms becomes irrevocable upon or before the grantor's death may refer to a writing that directs disposition of tangible personal property not otherwise specifically disposed of by the will or trust other than property used primarily in trade or business. Such a writing shall not be effective unless: (a) An unrevoked will or trust refers to the writing, (b) the writing is either in the handwriting of, or signed by, the testator or grantor, and (c) the writing describes the items and the recipients of the property with reasonable certainty.
(2) The writing may be written or signed before or after the execution of the will or trust and need not have significance apart from its effect upon the dispositions of property made by the will or trust. A writing that meets the requirements of this section shall be given effect as if it were actually contained in the will or trust itself, except that if any person designated to receive property in the writing dies before the testator or grantor, the property shall pass as further directed in the writing and in the absence of any further directions, the disposition shall lapse and, in the case of a will, RCW 11.12.110 shall not apply to such lapse.
(3) The testator or grantor may make subsequent handwritten or signed changes to any writing. If there is an inconsistent disposition of tangible personal property as between writings, the most recent writing controls.
(4) As used in this section "tangible personal property" means articles of personal or household use or ornament, for example, furniture, furnishings, automobiles, boats, airplanes, and jewelry, as well as precious metals in any tangible form, for example, bullion or coins. The term includes articles even if held for investment purposes and encompasses tangible property that is not real property. The term does not include mobile homes or intangible property, for example, money that is normal currency or normal legal tender, evidences of indebtedness, bank accounts or other monetary deposits, documents of title, or securities.
[ 2007 c 475 s 3; 1985 c 23 s 4. Prior: 1984 c 149 s 7.]
Notes:
Short title—Application—1985 c 30: See RCW 11.02.900 through 11.02.903.
Purpose—Application—Severability—1985 c 23: See notes following RCW 11.12.250.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.

catchline: Separate writing may direct disposition of tangible personal property—Requirements.


title: RCW 11.12.265

text:
Any person who has custody or control of any original will and who has not received knowledge of the death of the testator may deliver the will for filing under seal to any court having jurisdiction. The testator may withdraw the original will so filed upon proper identification. Any other person, including an attorney-in-fact or guardian of the testator, may withdraw the original will so filed only upon court order after showing of good cause. Upon request and presentation of a certified copy of the testator's death certificate, the clerk shall unseal the file. This section does not preclude filing a will not under seal and does not alter any duty of a person having knowledge of the testator's death to file the will.
[ 2004 c 72 s 1.]

catchline: Filing of original will with court before death of testator.


title: RCW 11.12.400

text:
RCW 11.12.410 through 11.12.491 may be known and cited as the uniform electronic wills act.
[ 2021 c 140 s 1001.]
Notes:
Effective date—2021 c 140 ss 1001-1016: "Sections 1001 through 1016 of this act take effect January 1, 2022." [ 2021 c 140 s 1017.]

catchline: Electronic wills—Short title.


title: RCW 11.12.410

text:
The definition in this section applies throughout RCW 11.12.400 through 11.12.491 unless the context clearly requires otherwise.
"Sign" means, with present intent to authenticate or adopt a record, to affix to or logically associate with the record an electronic symbol, an electronic sound, or process.
[ 2021 c 140 s 1002.]
Notes:
Effective date—2021 c 140 ss 1001-1016: See note following RCW 11.12.400.

catchline: Electronic wills—Definition.


title: RCW 11.12.420

text:
An electronic will is a will for all purposes of the law of this state. The law of this state applicable to wills and principles of equity apply to an electronic will, except as modified by RCW 11.12.400 through 11.12.491.
[ 2021 c 140 s 1003.]
Notes:
Effective date—2021 c 140 ss 1001-1016: See note following RCW 11.12.400.

catchline: Electronic wills—Applicable law.


title: RCW 11.12.430

text:
A will executed electronically but not in compliance with RCW 11.12.440(1) is an electronic will under RCW 11.12.400 through 11.12.491 if executed in compliance with the law of the jurisdiction where the testator is:
(1) Physically located when the will is signed; or
(2) Domiciled or resides when the will is signed or when the testator dies.
[ 2021 c 140 s 1004.]
Notes:
Effective date—2021 c 140 ss 1001-1016: See note following RCW 11.12.400.

catchline: Electronic wills—Execution—Choice of law.


title: RCW 11.12.440

text:
(1) Subject to RCW 11.12.450(4), an electronic will must be:
(a) A record that is readable as text at the time of signing under (b) of this subsection;
(b) Signed by:
(i) The testator; or
(ii) Another individual in the testator's name, in the testator's physical presence, and by the testator's direction; and
(c) Signed in the physical or electronic presence of the testator and at the testator's direction or request by at least two competent witnesses after:
(i) The signing of the will under (b) of this subsection; or
(ii) The testator's acknowledgment of the signing of the will under (b) of this subsection or acknowledgment of the will.
(2) Intent of a testator that the record under subsection (1)(a) of this section be the testator's electronic will may be established by extrinsic evidence.
[ 2021 c 140 s 1005.]
Notes:
Effective date—2021 c 140 ss 1001-1016: See note following RCW 11.12.400.

catchline: Electronic wills—Execution—Procedure.


title: RCW 11.12.450

text:
(1) An electronic will may be simultaneously executed, attested, and made self-proving if:
(a) The affidavits of the attesting witnesses are affixed to or logically associated with the electronic will; and
(b) The qualified custodian maintains custody of the electronic will at all times following execution by the testator and witnesses.
(2) The affidavits under subsection (1)(a) of this section must state such facts as the attesting witnesses would be required to testify to in court to prove such electronic will, and must be:
(a) Made before an officer authorized to administer oaths or, if fewer than two attesting witnesses are physically present in the same location as the testator at the time of signing under RCW 11.12.440(1)(b), before an officer authorized under RCW 42.45.280; and
(b) Evidenced by the officer's certificate under official seal affixed to or logically associated with the electronic will.
(3)(a) If made before an officer authorized to administer oaths, the acknowledgment and affidavits under subsection (1) of this section must be in substantially the following form:
I, ..... (name), the testator, and, being sworn, declare to the undersigned officer that I sign this instrument as my electronic will, I willingly sign it or willingly direct another individual to sign it for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years of age or older, of sound mind, and under no constraint or undue influence.
..... (signature)
Testator
We, ..... (name) and ..... (name), witnesses, being sworn, declare to the undersigned officer that the testator signed this instrument as the testator's electronic will, that the testator willingly signed it or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator's signing, and to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.
..... (signature)
Witness
..... (signature)
Witness
Certificate of officer:
State of .....
County of .....
Subscribed, sworn to, and acknowledged before me by ..... (name), the testator, and subscribed and sworn to before me by ..... (name) and ..... (name), witnesses, this ..... day of ....., .....
(Seal) .....
(Signed)
.....
(Capacity of officer)
(b) If made pursuant to chapter 5.50 RCW, the acknowledgment and affidavits under subsection (1) of this section must be in substantially the following form:
I, ..... (name), the testator, declare under penalty of perjury under the law of Washington that the following is true and correct: That I sign this instrument as my electronic will, I willingly sign it or willingly direct another individual to sign it for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years of age or older, of sound mind, and under no constraint or undue influence.
..... (signature)
Testator
We, ..... (name) and ..... (name), witnesses, declare under penalty of perjury under the law of Washington that the following is true and correct: That the testator signed this instrument as the testator's electronic will, that the testator willingly signed it or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator's signing, and to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.
..... (signature)
Witness
..... (signature)
Witness
(4) A signature physically or electronically affixed to an affidavit that is affixed to or logically associated with an electronic will under RCW 11.12.400 through 11.12.491 is deemed a signature of the electronic will under RCW 11.12.440(1).
[ 2021 c 140 s 1006.]
Notes:
Effective date—2021 c 140 ss 1001-1016: See note following RCW 11.12.400.

catchline: Electronic wills—Self-proving.


title: RCW 11.12.460

text:
(1) The following may serve as a qualified custodian:
(a) Any suitable person over the age of 18 years, who is a resident of the state of Washington at the time the electronic will was signed;
(b) A trust company regularly organized under the laws of this state and national banks when authorized to do so;
(c) A 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; and
(e) A will repository in the county in which the testator is domiciled.
(2) The following are disqualified to serve as a qualified custodian:
(a) Minors, persons of unsound mind, or persons who have been convicted of (i) any felony or (ii) any crime involving moral turpitude;
(b) An individual who is an heir, beneficiary, or otherwise has an interest in [the] testator's estate; and
(c) Corporations, limited liability companies, limited liability partnerships, except as provided in subsection (1) of this section.
[ 2021 c 140 s 1007.]
Notes:
Effective date—2021 c 140 ss 1001-1016: See note following RCW 11.12.400.


title: RCW 11.12.470

text:
(1) The qualified custodian of an electronic will shall, within 30 days after he or she receives knowledge of the death of the testator:
(a) Deliver said electronic will to the court having jurisdiction or to the person named in the electronic will as executor; and
(b) Make an affidavit before any person authorized to administer oaths, stating (i) the manner in which the qualified custodian received the electronic will; (ii) that the electronic will was at all times in the custody of the qualified custodian; and (iii) that the electronic will in the possession of the qualified custodian has not been altered in any way since the custodian received the electronic will. Such affidavit must be delivered with the electronic will to the court having jurisdiction or the person named as executor under the electronic will.
(2) Any person who willfully violates any of the provisions of this section is liable to any party aggrieved for the damages which may be sustained by such violation.
[ 2021 c 140 s 1008.]
Notes:
Effective date—2021 c 140 ss 1001-1016: See note following RCW 11.12.400.


title: RCW 11.12.480

text:
An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. If the electronic will is made self-proving, the certified paper copy of the will must include the self-proving affidavits.
[ 2021 c 140 s 1009.]
Notes:
Effective date—2021 c 140 ss 1001-1016: See note following RCW 11.12.400.

catchline: Electronic wills—Certified paper copies.


title: RCW 11.12.490

text:
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2021 c 140 s 1010.]
Notes:
Effective date—2021 c 140 ss 1001-1016: See note following RCW 11.12.400.

catchline: Electronic wills—Uniformity of application and construction.


title: RCW 11.12.491

text:
RCW 11.12.400 through 11.12.490 apply to the electronic will of a decedent who dies on or after January 1, 2022.
[ 2021 c 140 s 1011.]
Notes:
Effective date—2021 c 140 ss 1001-1016: See note following RCW 11.12.400.

catchline: Electronic wills—Applicability.


title: RCW 11.120.010

text:
This act may be known and cited as the revised uniform fiduciary access to digital assets act.
[ 2016 c 140 s 1.]

catchline: Short title—2016 c 140.


title: RCW 11.120.020

text:
In this chapter:
(1) "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.
(2) "Agent" means an attorney-in-fact granted authority under a durable or nondurable power of attorney.
(3) "Carries" means engages in the transmission of an electronic communication.
(4) "Catalogue of electronic communications" means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person.
(5) "Content of an electronic communication" means information concerning the substance or meaning of the communication which:
(a) Has been sent or received by a user;
(b) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and
(c) Is not readily accessible to the public.
(6) "Court" means the superior court of each county.
(7) "Custodian" means a person that carries, maintains, processes, receives, or stores a digital asset of a user.
(8) "Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user.
(9) "Digital asset" means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.
(10) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(11) "Electronic communication" has the meaning set forth in 18 U.S.C. Sec. 2510(12), as it existed on June 9, 2016.
(12) "Electronic communication service" means a custodian that provides to a user the ability to send or receive an electronic communication.
(13) "Fiduciary" means an original, additional, or successor personal representative, guardian, agent, or trustee.
(14) "Guardian" means a person appointed by a court to manage the estate or person, or both, of a living individual. The term includes a limited guardian or certified professional guardian.
(15) "Incapacitated person" means an individual for whom a guardian has been appointed.
(16) "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.
(17) "Online tool" means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.
(18) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(19) "Personal representative" means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this chapter.
(20) "Power of attorney" means a record that grants an agent authority to act in the place of a principal.
(21) "Principal" means an individual who grants authority to an agent in a power of attorney.
(22) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(23) "Remote computing service" means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. Sec. 2510(14), as it existed on June 9, 2016.
(24) "Terms-of-service agreement" means an agreement that controls the relationship between a user and a custodian.
(25) "Trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee.
(26) "User" means a person that has an account with a custodian.
(27) "Will" includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.
[ 2016 c 140 s 2.]

catchline: Definitions.


title: RCW 11.120.030

text:
(1) This chapter applies to:
(a) A fiduciary acting under a will or power of attorney executed before, on, or after June 9, 2016;
(b) A personal representative acting for a decedent who died before, on, or after June 9, 2016;
(c) A guardian acting for an incapacitated person appointed before, on, or after June 9, 2016;
(d) A trustee acting under a trust created before, on, or after June 9, 2016; and
(e) A custodian if the user resides in this state or resided in this state at the time of the user's death.
(2) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
[ 2016 c 140 s 3.]

catchline: Applicability.


title: RCW 11.120.040

text:
(1) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(2) If a user has not used an online tool to give direction under subsection (1) of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(3) A user's direction under subsection (1) or (2) of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms-of-service agreement.
[ 2016 c 140 s 4.]

catchline: User direction for disclosure of digital assets.


title: RCW 11.120.050

text:
(1) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(2) This chapter does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(3) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under RCW 11.120.040.
[ 2016 c 140 s 5.]

catchline: Terms-of-service agreement.


title: RCW 11.120.060

text:
(1) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion:
(a) Grant a fiduciary or designated recipient full access to the user's account;
(b) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(c) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(2) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(3) A custodian need not disclose under this chapter a digital asset deleted by a user.
(4) If a user directs or a fiduciary or designated recipient requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or the fiduciary or designated recipient may seek an order from the court to disclose:
(a) A subset limited by date of the user's digital assets;
(b) All of the user's digital assets to the fiduciary or designated recipient;
(c) None of the user's digital assets; or
(d) All of the user's digital assets to the court for review in camera.
[ 2016 c 140 s 6.]

catchline: Procedure for disclosing digital assets.


title: RCW 11.120.070

text:
If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the death certificate of the user;
(3) A certified copy of the letter of appointment of the representative, or a small estate affidavit or court order;
(4) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and
(5) If requested by the custodian:
(a) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(b) Evidence linking the account to the user; or
(c) A finding by the court that:
(i) The user had a specific account with the custodian, identifiable by the information specified in (a) of this subsection;
(ii) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Sec. 2701 et seq. and 47 U.S.C. Sec. 222, existing on June 9, 2016, or other applicable law;
(iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
[ 2016 c 140 s 7.]

catchline: Disclosure of content of electronic communications of deceased user.


title: RCW 11.120.080

text:
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications of the user, if the representative gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the death certificate of the user;
(3) A certified copy of the letter of appointment of the representative, or a small estate affidavit or court order; and
(4) If requested by the custodian:
(a) A number, user name, or address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(b) Evidence linking the account to the user;
(c) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(d) A finding by the court that:
(i) The user had a specific account with the custodian, identifiable by the information specified in (a) of this subsection; or
(ii) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.
[ 2016 c 140 s 8.]

catchline: Disclosure of other digital assets of deceased user.


title: RCW 11.120.090

text:
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) If requested by the custodian:
(a) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(b) Evidence linking the account to the principal.
[ 2016 c 140 s 9.]

catchline: Disclosure of content of electronic communications of principal.


title: RCW 11.120.100

text:
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications of the principal, if the agent gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) If requested by the custodian:
(a) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(b) Evidence linking the account to the principal.
[ 2016 c 140 s 10.]

catchline: Disclosure of other digital assets of principal.


title: RCW 11.120.110

text:
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of that account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
[ 2016 c 140 s 11.]

catchline: Disclosure of digital assets held in trust when trustee is original user.


title: RCW 11.120.120

text:
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the trust instrument, or a certification of the trust under RCW 11.98.075, that includes consent to disclosure of the content of electronic communications to the trustee;
(3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) If requested by the custodian:
(a) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(b) Evidence linking the account to the trust.
[ 2016 c 140 s 12.]

catchline: Disclosure of content of electronic communications held in trust when trustee not original user.


title: RCW 11.120.130

text:
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications in which the trust has a right or interest, if the trustee gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the trust instrument or a certification of the trust under RCW 11.98.075;
(3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) If requested by the custodian:
(a) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(b) Evidence linking the account to the trust.
[ 2016 c 140 s 13.]

catchline: Disclosure of other digital assets held in trust when trustee not original user.


title: RCW 11.120.140

text:
(1) Unless otherwise ordered by the court, a guardian or conservator appointed under chapter 11.130 RCW has the right to access an incapacitated person's digital assets other than the content of electronic communications.
(2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by an incapacitated person and any digital assets, other than the content of electronic communications, if the guardian gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) Certified copies of letters of guardianship and the court order appointing the guardian; and
(c) If requested by the custodian:
(i) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the person; or
(ii) Evidence linking the account to the incapacitated person.
(3) A guardian may request a custodian of the incapacitated person's digital assets to suspend or terminate an account of the incapacitated person for good cause. A request made under this section must be accompanied by certified copies of letters of guardianship and the court order appointing the guardian.
[ 2020 c 312 s 721; 2016 c 140 s 14.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Disclosure of digital assets to guardian or conservator of incapacitated person.


title: RCW 11.120.150

text:
(1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(a) The duty of care;
(b) The duty of loyalty; and
(c) The duty of confidentiality.
(2) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
(a) Except as otherwise provided in RCW 11.120.040, is subject to the applicable terms-of-service agreement;
(b) Is subject to other applicable law, including copyright law;
(c) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(d) May not be used to impersonate the user.
(3) A fiduciary with authority over the property of a decedent, incapacitated person, principal, or settlor has the right to access any digital asset in which the decedent, incapacitated person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(4) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, incapacitated person, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws.
(5) A fiduciary with authority over the tangible, personal property of a decedent, incapacitated person, principal, or settlor:
(a) Has the right to access the property and any digital asset stored in it; and
(b) Is an authorized user for the purpose of computer fraud and unauthorized computer access laws.
(6) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(7) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:
(a) If the user is deceased, a certified copy of the death certificate of the user;
(b) A certified copy of the letter of appointment of the representative or a small estate affidavit or court order, court order, power of attorney, or trust giving the fiduciary authority over the account; and
(c) If requested by the custodian:
(i) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(ii) Evidence linking the account to the user; or
(iii) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in (c)(i) of this subsection.
[ 2016 c 140 s 15.]

catchline: Fiduciary duty and authority.


title: RCW 11.120.160

text:
(1) Not later than sixty days after receipt of the information required under RCW 11.120.070 through 11.120.150, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(2) An order under subsection (1) of this section directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. Sec. 2702, as it existed on June 9, 2016.
(3) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(4) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
(5) This section does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which:
(a) Specifies that an account belongs to the incapacitated person, trustor, decedent, or principal;
(b) Specifies that there is sufficient consent from the incapacitated person, trustor, decedent, or principal to support the requested disclosure; and
(c) Contains a finding required by law other than this chapter.
(6) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
[ 2016 c 140 s 16.]

catchline: Custodian compliance and immunity.


title: RCW 11.120.900

text:
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2016 c 140 s 17.]

catchline: Uniformity of application and construction.


title: RCW 11.120.901

text:
This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Sec. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).
[ 2016 c 140 s 18.]

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


title: RCW 11.125.010

text:
Chapter 209, Laws of 2016 may be known and cited as the uniform power of attorney act.
[ 2016 c 209 s 101.]

catchline: Short title—2016 c 209.


title: RCW 11.125.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to which an agent's authority is delegated.
(2) "Durable," with respect to a power of attorney, means not terminated by the principal's incapacity.
(3) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(4) "Good faith" means honesty in fact.
(5) "Incapacity" means inability of an individual to manage property, business, personal, or health care affairs because the individual:
(a) Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(b) Is:
(i) An absentee, as defined in chapter 11.80 RCW; or
(ii) Outside the United States and unable to return.
(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(7) "Power of attorney" means a writing that uses the term "power of attorney" and grants authority to an agent to act in the place of the principal.
(8) "Presently exercisable general power of appointment," with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal's estate, the principal's creditors, or the creditors of the principal's estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will.
(9) "Principal" means an individual who grants authority to an agent in a power of attorney.
(10) "Property" means anything that may be the subject of ownership, whether real or personal, legal or equitable, tangible or intangible, or any interest or right therein.
(11) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(12) "Stocks, bonds, and financial instruments" means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner. The term shall also include but not be limited to commodity futures contracts, call or put options on stocks or stock indexes, derivatives, and margin accounts.
[ 2016 c 209 s 102.]

catchline: Definitions.


title: RCW 11.125.030

text:
(1) This chapter applies to all powers of attorney except:
(a) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
(b) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and
(c) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
(2) Notwithstanding subsection (1) of this section, RCW 11.125.170 shall not apply to a power to make health care decisions under RCW 11.125.400 and 11.125.410, nor shall it apply to the power to nominate a guardian for a minor child under RCW 11.125.410.
[ 2016 c 209 s 103.]

catchline: Application—Exceptions.


title: RCW 11.125.040

text:
The authority conferred under a power of attorney created prior to January 1, 2017, and also for a power of attorney created on or after January 1, 2017, terminates upon the incapacity of the principal unless the writing contains the words "This power of attorney shall not be affected by disability of the principal," or "This power of attorney shall become effective upon the disability of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's incapacity.
[ 2016 c 209 s 104.]

catchline: Power of attorney—Termination.


title: RCW 11.125.050

text:
(1) A power of attorney must be signed and dated by the principal, and the signature must be either acknowledged before a notary public or other individual authorized by law to take acknowledgments, or attested by two or more competent witnesses who are neither home care providers for the principal nor care providers at an adult family home or long-term care facility in which the principal resides, and who are unrelated to the principal or agent by blood, marriage, or state registered domestic partnership, by subscribing their names to the power of attorney, while in the presence of the principal and at the principal's direction or request.
(2) A power of attorney shall be considered signed in accordance with this section if, in the case of a principal who is physically unable to sign his or her name, the principal makes a mark in accordance with RCW 11.12.030, or in the case of a principal who is physically unable to make a mark, the power of attorney is executed in accordance with RCW 64.08.100.
(3) A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
(4) A limited power of attorney signed and dated for the sole purpose of transferring ownership of a vehicle to an insurer after payment of damages does not require a notarized signature, may be signed electronically, and may be printed on hard copy.
[ 2026 c 101 s 2; 2016 c 209 s 105.]

catchline: Power of attorney—Requirements.