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10.98.100 | Compliance audit. | The section shall administer a compliance audit at least once annually for each prosecuting attorney, district and municipal court, and originating agency to ensure that all disposition reports have been received and added to the criminal history record information described in RCW 43.43.705 . The section shall identif... |
10.98.110 | Tracking felony cases. | (1) The department shall maintain records to track felony cases for convicted felons sentenced either to a term of confinement exceeding one year or ordered under the supervision of the department and felony cases under the jurisdiction of the department pursuant to interstate compact agreements. (2) Tracking shall beg... |
10.98.130 | Local jail reports. | Local jails shall report to the office of financial management and that office shall transmit to the department the information on all persons convicted of felonies or incarcerated for noncompliance with a felony sentence who are admitted or released from the jails and shall promptly respond to requests of the departme... |
10.98.140 | Criminal justice forecasting—Sentencing records. | (1) The section, the department, and the office of financial management shall be the primary sources of information for criminal justice forecasting. The information maintained by these agencies shall be complete, accurate, and sufficiently timely to support state criminal justice forecasting. (2) The caseload forecast... |
10.98.150 | Status reports on felons. | The section and the department shall provide prompt responses to the requests of law enforcement agencies and jails regarding the status of suspected or convicted felons. Dissemination of individual identities, criminal histories, or the whereabouts of a suspected or convicted felon shall be in accordance with chapter ... |
10.98.160 | Procedures, development considerations—Washington integrated justice information board, review and recommendations. | In the development and modification of the procedures, definitions, and reporting capabilities of the section, the department, the office of financial management, and the responsible agencies and persons shall consider the needs of other criminal justice agencies such as the administrative office of the courts, local l... |
10.99.010 | Purpose—Intent. | The purpose of this chapter is to recognize the importance of domestic violence as a serious crime against society and to assure the victim of domestic violence the maximum protection from abuse which the law and those who enforce the law can provide. The legislature finds that the existing criminal statutes are adequa... |
10.99.020 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020 . (2) "Association" means the Washington association of sheriffs and police chiefs. (3) "Dating relationship"... |
10.99.030 | Peace officers—Powers and duties. | (1) The primary duty of peace officers, when responding to a domestic violence situation, is to enforce the laws allegedly violated and to protect the complaining party. (2)(a) When a peace officer responds to a domestic violence call and has probable cause to believe that a crime has been committed, the peace officer ... |
10.99.033 | Law enforcement officers—Training—Criminal justice training commission. | (1) All training relating to the handling of domestic violence complaints by law enforcement officers must stress enforcement of criminal laws in domestic situations, availability of community resources, and protection of the victim. Law enforcement agencies and community organizations with expertise in the issue of do... |
10.99.035 | Law enforcement agencies—Domestic violence records. | (1) A law enforcement agency shall forward the offense report regarding any incident of domestic violence to the appropriate prosecutor within ten days of making such report if there is probable cause to believe that an offense has been committed, unless the case is under active investigation. Upon receiving the offens... |
10.99.040 | Duties of court—No-contact order—Emergency orders. | (1) Because of the serious nature of domestic violence, the court in domestic violence actions: (a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings; (b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of c... |
10.99.045 | Appearances by defendant—Defendant's history—No-contact order. | (1) A defendant arrested for an offense involving domestic violence as defined by RCW 10.99.020 shall be required to appear in person before a magistrate within one judicial day after the arrest. (2) A defendant who is charged by citation, complaint, or information with an offense involving domestic violence as defined... |
10.99.050 | Victim contact—Restriction, prohibition—Violation, penalties—Written order—Procedures—Notice of change. | (1) When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant's ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim. (2)(a) Willful violation of a court order issued under this sect... |
10.99.055 | Enforcement of orders. | A peace officer in this state shall enforce an order issued by any court in this state restricting a defendant's ability to have contact with a victim by arresting and taking the defendant into custody, pending release on bail, personal recognizance, or court order, when the officer has probable cause to believe that t... |
10.99.060 | Prosecutor's notice to victim—Description of available procedures. | The public attorney responsible for making the decision whether or not to prosecute shall advise the victim of that decision within five days, and, prior to making that decision shall advise the victim, upon the victim's request, of the status of the case. Notification to the victim that charges will not be filed shall... |
10.99.070 | Liability of peace officers. | A peace officer shall not be held liable in any civil action for an arrest based on probable cause, enforcement in good faith of a court order, or any other action or omission in good faith under this chapter arising from an alleged incident of domestic violence brought by any party to the incident.
[ 1979 ex.s. c 105 ... |
10.99.080 | Penalty assessment. | (1) All superior courts, and courts organized under Title 3 or 35 RCW, may impose a penalty of one hundred dollars, plus an additional fifteen dollars on any adult offender convicted of a crime involving domestic violence; in no case shall a penalty assessment exceed one hundred fifteen dollars on any adult offender co... |
10.99.090 | Policy adoption and implementation. | (1) By December 1, 2004, the association shall develop a written model policy on domestic violence committed or allegedly committed by sworn employees of agencies. In developing the policy, the association shall convene a work group consisting of representatives from the following entities and professions: (a) Statewid... |
10.99.100 | Sentencing—Factors—Defendant's criminal history. | (1) In sentencing for a crime of domestic violence as defined in this chapter, courts of limited jurisdiction shall consider, among other factors, whether: (a) The defendant suffered a continuing pattern of coercion, control, or abuse by the victim of the offense and the offense is a response to that coercion, control,... |
10.99.901 | Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. | For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married person... |
10.101.005 | Legislative finding. | The legislature finds that effective legal representation must be provided for indigent persons and persons who are indigent and able to contribute, consistent with the constitutional requirements of fairness, equal protection, and due process in all cases where the right to counsel attaches.
[ 2005 c 157 s 1 ; 1989 c ... |
10.101.010 | Definitions. | The following definitions shall be applied in connection with this chapter: (1) "Anticipated cost of counsel" means the cost of retaining private counsel for representation on the matter before the court. (2) "Available funds" means liquid assets and disposable net monthly income calculated after provision is made for ... |
10.101.020 | Determination of indigency—Provisional appointment—Promissory note. | (1) A determination of indigency shall be made for all persons wishing the appointment of counsel in criminal, juvenile, involuntary commitment, and dependency cases, and any other case where the right to counsel attaches. The court or its designee shall determine whether the person is indigent pursuant to the standard... |
10.101.030 | Standards. | Each county or city under this chapter shall adopt standards for the delivery of public defense services, whether those services are provided by contract, assigned counsel, or a public defender office. Standards shall include the following: Compensation of counsel, duties and responsibilities of counsel, case load limi... |
10.101.040 | Selection of defense attorneys. | City attorneys, county prosecutors, and law enforcement officers shall not select the attorneys who will provide indigent defense services.
[ 1989 c 409 s 5 .] |
10.101.050 | Appropriated funds—Application, reports. | The Washington state office of public defense shall disburse appropriated funds to counties and cities for the purpose of improving the quality of public defense services. Counties may apply for up to their pro rata share as set forth in RCW 10.101.060 provided that counties conform to application procedures establishe... |
10.101.060 | Appropriated funds—Use requirements. | (1)(a) Subject to the availability of funds appropriated for this purpose, the office of public defense shall disburse to applying counties that meet the requirements of RCW 10.101.050 designated funds under this chapter on a pro rata basis pursuant to the formula set forth in RCW 10.101.070 and shall disburse to eligi... |
10.101.070 | County moneys. | The moneys shall be distributed to each county determined to be eligible to receive moneys by the office of public defense as determined under this section. Ninety percent of the funding appropriated shall be designated as "county moneys" and shall be distributed as follows: (1) Six percent of the county moneys appropr... |
10.101.080 | City moneys. | The moneys under RCW 10.101.050 shall be distributed to each city determined to be eligible under this section by the office of public defense. Ten percent of the funding appropriated shall be designated as "city moneys" and distributed as follows: (1) The office of public defense shall administer a grant program to se... |
10.101.900 | Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. | For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married person... |
10.105.010 | Seizure and forfeiture.(Effective until January 1, 2026.) | (1) The following are subject to seizure and forfeiture and no property right exists in them: All personal property, including, but not limited to, any item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, security, or negotiable instrument, which has been or was actually employed as an in... |
10.105.900 | Application. | This chapter does not apply to property subject to forfeiture under chapter 66.32 RCW, RCW 69.50.505 , 9.41.098 , 9.46.231 , 9A.82.100 , 9A.83.030 , or 77.15.070 .
[ 2023 c 102 s 9 ; 2003 c 39 s 6 ; 1994 c 218 s 18 ; 1993 c 288 s 1 .]
Effective date — 1994 c 218: See note following RCW 9.46.010 . |
10.108.010 | Declaration. | There is currently no system in place in Washington state to expedite the apprehension of violent criminals who seriously injure or kill local, state, or federal law enforcement officers. Other states have adopted blue alert systems to achieve this objective. The legislature declares that it is necessary to create a st... |
10.108.020 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Blue alert system" means a quick response system designed to issue and coordinate alerts following an attack upon a law enforcement officer. (2) "Investigating law enforcement agency" means the law enforcem... |
10.108.030 | Blue alert system—Plan—Activation—Termination. | (1) Within existing resources, the Washington state patrol, in partnership with the Washington association of sheriffs and police chiefs, shall develop and implement a plan, commonly known as a blue alert system, consistent with the Amber alert program, endangered missing person advisory plan, and the missing person cl... |
10.108.040 | Liability immunity. | No cause of action shall be maintained for civil damages in any court of this state against any radio or television broadcasting station or cable television system, or the employees, officers, directors, managers, or agents of the radio or television broadcasting station or cable television system, based on the broadca... |
10.109.010 | Policies. | (1) A law enforcement or corrections agency that deploys body worn cameras must establish policies regarding the use of the cameras. The policies must, at a minimum, address: (a) When a body worn camera must be activated and deactivated, and when a law enforcement or corrections officer has the discretion to activate a... |
10.109.020 | Ordinance or resolution—Community involvement process. | For a city or town that is not deploying body worn cameras on June 9, 2016, a legislative authority of a city or town is strongly encouraged to adopt an ordinance or resolution authorizing the use of body worn cameras prior to their use by law enforcement or a corrections agency. Any ordinance or resolution authorizing... |
10.109.030 | Limitations on use. | For state and local agencies, a body worn camera may only be used by officers employed by a general authority Washington law enforcement agency as defined in RCW 10.93.020 , any officer employed by the department of corrections, and personnel for jails as defined in RCW 70.48.020 and detention facilities as defined in ... |
10.110.010 | Officer defined. | For purposes of this chapter, "officer" means a law enforcement officer, corrections officer, or guard supplied by a law enforcement or corrections agency.
[ 2015 c 267 s 6 .] |
10.110.020 | Individuals in custody for violent offense or sex offense—Officer to accompany or secure. | Any individual in custody for a violent offense or a sex offense as those terms are defined in RCW 9.94A.030 who is brought by, or accompanied by, an officer to a hospital must continue to be accompanied or otherwise secured by an officer during the time that the individual is receiving care at the hospital. However, t... |
10.110.030 | Individuals receiving medical care—Requirements for not being accompanied or secured. | (1) An individual receiving medical care under this section need not continue to be accompanied or otherwise secured if: (a) The individual's medical care provider so indicates; or (b) The officer determines, using his or her best judgment, that: (i) The individual does not present an imminent and significant risk of c... |
10.110.040 | Treatment in hospital emergency department. | In a case where an individual accompanied or otherwise secured by an officer pursuant to chapter 267, Laws of 2015 is waiting for treatment in a hospital emergency department, the hospital shall see the patient in as expeditious a manner as possible, while taking into consideration best triage practices and federal and... |
10.110.050 | Civil liability. | The provisions of chapter 267, Laws of 2015 do not constitute a special relationship exception to the public duty doctrine. Officers and their employing departments and agencies and representatives are immune from civil liability arising out of the failure to comply with chapter 267, Laws of 2015, unless it is shown th... |
10.110.060 | No changes to standard of care—Restraints on pregnant women or youth. | Nothing in this chapter changes the standards of care with regard to the use of restraints on pregnant women or youth in custody as codified in chapters 70.48 and 72.09 RCW.
[ 2015 c 267 s 5 .] |
10.112.010 | Special inquiry judge process—Subpoena for records. | (1) In a criminal investigation of an offense involving the sexual exploitation of children under chapter 9.68A RCW, the prosecuting attorney shall use the special inquiry judge process established under chapter 10.27 RCW when the prosecuting attorney determines it is necessary to the investigation to subpoena a provid... |
10.114.011 | Independent investigation—Adoption of rules. | Except as required by federal consent decree, federal settlement agreement, or federal court order, where the use of deadly force by a peace officer results in death, substantial bodily harm, or great bodily harm, an independent investigation must be completed to inform any determination of whether the use of deadly fo... |
10.114.021 | Death of member of recognized Indian tribe—Notice. | Whenever a law enforcement officer's application of force results in the death of a person who is an enrolled member of a federally recognized Indian tribe, the law enforcement agency must notify the governor's office of Indian affairs. Notice by the law enforcement agency to the governor's office of Indian affairs mus... |
10.116.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Law enforcement agency" includes any "general authority Washington law enforcement agency" and any "limited authority Washington law enforcement agency," as those terms are defined in RCW 10.93.020 , and an... |
10.116.020 | Chokehold or neck restraint prohibited. | (1) A peace officer may not use a chokehold or neck restraint on another person in the course of his or her duties as a peace officer. (2) Any policies pertaining to the use of force adopted by law enforcement agencies must be consistent with this section. (3) For the purposes of this section: (a) "Chokehold" means the... |
10.116.022 | Hog-tying prohibited. | (1) A peace officer is prohibited from: (a) Hog-tying a person; or (b) Assisting in putting a person into a hog-tie. (2) Hog-tying shall constitute the use of excessive force for the purposes of RCW 10.93.190 . (3) This section shall not be interpreted to prohibit the use of any other alternative restraint product or d... |
10.116.030 | Use of tear gas. | (1) A law enforcement agency may not use or authorize its peace officers or other employees to use tear gas unless necessary to alleviate a present risk of serious harm posed by a: (a) Riot; (b) barricaded subject; or (c) hostage situation. (2) Prior to using tear gas as authorized under subsection (1) of this section,... |
10.116.040 | Military equipment. | (1) A law enforcement agency may not acquire or use any military equipment. Any law enforcement agency in possession of military equipment as of July 25, 2021, shall return the equipment to the federal agency from which it was acquired, if applicable, or destroy the equipment by December 31, 2022. (2)(a) Each law enfor... |
10.116.050 | Peace officers—Reasonably identifiable. | All law enforcement agencies shall adopt policies and procedures to ensure that uniformed peace officers while on duty and in the performance of their official duties are reasonably identifiable. For purposes of this section, "reasonably identifiable" means that the peace officer's uniform clearly displays the officer'... |
10.116.060 | Vehicular pursuit. | (1) A peace officer may not engage in a vehicular pursuit, unless: (a) There is reasonable suspicion a person has violated the law; (b) The pursuit is necessary for the purpose of identifying or apprehending the person; (c) The person poses a threat to the safety of others and the safety risks of failing to apprehend o... |
10.118.010 | Findings. | The legislature finds that law enforcement transparency and accountability are vital in maintaining public trust. Data collection is one essential tool to allow the public, law enforcement, and policymakers to analyze the effectiveness of existing police practices, determine which policies and training work and do not ... |
10.118.020 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Contractor" means the institution of higher education contracted with the office of the attorney general to implement the statewide use of force data program as provided in this chapter. (2) "Great bodily h... |
10.118.030 | Use of force—Reporting requirements. | (1) Each law enforcement agency in the state is required to report each incident where a law enforcement officer employed by the agency used force and: (a) A fatality occurred in connection with the use of force; (b) Great bodily harm occurred in connection with the use of force; (c) Substantial bodily harm occurred in... |
10.118.040 | Competitive procurement. | (1) Subject to the availability of amounts appropriated for this specific purpose, the office of the attorney general must engage in a competitive procurement to contract with an institution of higher education to implement the statewide use of force data program. The primary purpose of the contract is to develop a sys... |
10.120.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Deadly force" has the same meaning as provided in RCW 9A.16.010 . (2) "De-escalation tactics" refer to actions used by a peace officer that are intended to minimize the likelihood of the need to use force d... |
10.120.020 | Permissible uses of force. | (1) PHYSICAL FORCE. Except as otherwise provided under this section, a peace officer may use physical force against a person to the extent necessary to: (a) Protect against a criminal offense when there is probable cause that the person has committed, is committing, or is about to commit the offense; (b) Effect an arre... |
10.120.030 | Policies for use of force and de-escalation tactics. | (1) By July 1, 2022, the attorney general shall develop and publish model policies on law enforcement's use of force and de-escalation tactics consistent with RCW 10.120.020 . (2) By December 1, 2022, all law enforcement agencies shall: Adopt policies consistent with the model policies and submit copies of the applicab... |
10.122.010 | Short title. | This chapter may be known and cited as the uniform electronic recordation of custodial interrogations act.
[ 2021 c 329 s 1 .] |
10.122.020 | Definitions. | In this chapter: (1) "Custodial interrogation" means express questioning or other actions or words by a law enforcement officer which are reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody. (2) "E... |
10.122.030 | Electronic recording requirement. | (1) Except as otherwise provided by RCW 10.122.050 through 10.122.100 , a custodial interrogation, including the giving of any required warning, advice of the rights of the individual being questioned, and the waiver of any rights by the individual, must be recorded electronically in its entirety if the interrogation s... |
10.122.040 | Consent not required—Notice. | Notwithstanding RCW 9.73.030 and 9.73.090 , a law enforcement officer conducting a custodial interrogation is not required to obtain consent to electronic recording from the individual being interrogated, but must inform the individual that an electronic recording is being made of the interrogation. This chapter does n... |
10.122.050 | Exception for exigent circumstances. | A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if recording is not feasible because of exigent circumstances. The law enforcement officer conducting the interrogation shall record electronically an explanation of the exigent circumstances before conducting the in... |
10.122.060 | Exception for individual's refusal to be recorded electronically. | (1) A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if the individual to be interrogated indicates that the individual will not participate in the interrogation if it is recorded electronically. If feasible, the agreement to participate without recording must be r... |
10.122.070 | Exception for interrogation conducted by other jurisdiction. | If a custodial interrogation occurs in another state in compliance with that state's law or is conducted by a federal law enforcement agency in compliance with federal law, the interrogation need not be recorded electronically unless the interrogation is conducted with intent to avoid the requirement of electronic reco... |
10.122.080 | Exception based on belief recording not required. | (1) A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if the interrogation occurs when no law enforcement officer conducting the interrogation has knowledge of facts and circumstances that would lead an officer reasonably to believe that the individual being interro... |
10.122.090 | Exception for safety of individual or protection of identity. | A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if a law enforcement officer conducting the interrogation or the officer's superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an... |
10.122.100 | Exception for equipment malfunction. | (1) All or part of a custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically to the extent that recording is not feasible because the available electronic recording equipment fails, despite reasonable maintenance of the equipment, and timely repair or replacement is not fea... |
10.122.110 | Burden of persuasion. | If the prosecution relies on an exception in RCW 10.122.050 through 10.122.100 to justify a failure to record electronically a custodial interrogation, the prosecution must prove by a preponderance of the evidence that the exception applies.
[ 2021 c 329 s 11 .] |
10.122.120 | Notice of intent to introduce unrecorded statement. | If the prosecution intends to introduce in its case in chief a statement made during a custodial interrogation to which RCW 10.122.030 applies which was not recorded electronically, the prosecution, not later than the time specified by the local rules governing discovery, shall serve the defendant with written notice o... |
10.122.130 | Procedural remedies. | (1) Unless the court finds that an exception in RCW 10.122.050 through 10.122.100 applies, the court shall consider the failure to record electronically all or part of a custodial interrogation to which RCW 10.122.030 applies in determining whether a statement made during the interrogation is admissible, including whet... |
10.122.140 | Handling and preserving electronic recording. | Each law enforcement agency in this state shall establish and enforce procedures to ensure that the electronic recording of all or part of a custodial interrogation is identified, accessible, and preserved throughout the length of any resulting sentence, including any period of community custody extending through final... |
10.122.150 | Policies and procedures relating to electronic recording. | (1) Each law enforcement agency that is a governmental entity of this state shall adopt and enforce policies and procedures to implement this chapter. (2) The policies and procedures adopted under subsection (1) of this section must address the following topics: (a) How an electronic recording of a custodial interrogat... |
10.122.160 | Limitation of liability. | (1) A law enforcement agency that is a governmental entity in this state which has implemented procedures reasonably designed to enforce the rules adopted pursuant to RCW 10.122.150 and ensure compliance with this chapter is not subject to civil liability for damages arising from a violation of this chapter. (2) This c... |
10.122.170 | Self-authentication. | (1) In any pretrial or posttrial proceeding, an electronic recording of a custodial interrogation is self-authenticating if it is accompanied by a certificate of authenticity sworn under oath or affirmation by an appropriate law enforcement officer. (2) This chapter does not limit the right of an individual to challeng... |
10.122.180 | No right to electronic recording or transcript. | (1) This chapter does not create a right of an individual to require a custodial interrogation to be recorded electronically. (2) This chapter does not require preparation of a transcript of an electronic recording of a custodial interrogation.
[ 2021 c 329 s 18 .] |
10.122.190 | Application—Construction—2021 c 329. | 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 329 s 19 .] |
10.122.200 | Relation to electronic signatures in global and national commerce act. | This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of tha... |
10.122.900 | Effective date—2021 c 329. | Sections 1 through 20 of this act take effect January 1, 2022.
[ 2021 c 329 s 24 .] |
11.02.001 | Section headings in Title11RCW not part of law. | Section headings, as found in Title 11 RCW, do not constitute any part of the law.
[ 1985 c 30 s 3 . Prior: 1984 c 149 s 179 .]
Short title — Application — Purpose — Severability — 1985 c 30: See RCW 11.02.900 through 11.02.903 .
Severability — Effective dates — 1984 c 149: See notes following RCW 11.02.005 . |
11.02.005 | Definitions and use of terms. | When used in this title, unless otherwise required from the context: (1) "Administrator" means a personal representative of the estate of a decedent and the term may be used in lieu of "personal representative" wherever required by context. (2) "Codicil" means a will that modifies or partially revokes an existing earli... |
11.02.070 | Community property—Disposition—Probate administration of. | Except as provided in RCW 41.04.273 and 11.84.025 , upon the death of a decedent, a one-half share of the community property shall be confirmed to the surviving spouse or surviving domestic partner, and the other one-half share shall be subject to testamentary disposition by the decedent, or shall descend as provided i... |
11.02.080 | Application and construction of act as to wills, proceedings, guardians, accrued rights, and pre-executed instruments—Severability—Effective date—1974 ex.s. c 117. | On and after October 1, 1974: (1) The provisions of chapter 117, Laws of 1974 ex. sess. shall apply to any wills of decedents dying thereafter; (2) The provisions of chapter 117, Laws of 1974 ex. sess. shall apply to any proceedings in court then pending or thereafter commenced regardless of the time of the death of de... |
11.02.091 | Written instrument—Limit on characterization as testamentary. | (1) An otherwise effective written instrument of transfer may not be deemed testamentary solely because of a provision for a nonprobate transfer at death in the instrument. (2) "Provision for a nonprobate transfer at death" as used in subsection (1) of this section includes, but is not limited to, a written provision t... |
11.02.100 | Transfer of shares of record—Dividends. | Shares of record in the name of a spouse or domestic partner may be transferred by such person, such person's agent or attorney, without the signature of such person's spouse or domestic partner. All dividends payable upon any shares of a corporation standing in the name of a spouse or domestic partner, shall be paid t... |
11.02.110 | Transfer of shares or securities—Presumption of joint tenancy. | Whenever shares or other securities issued by domestic or foreign corporations are or have been issued or transferred to two or more persons in joint tenancy form on the books or records of the corporation, it is presumed in favor of the corporation, its registrar and its transfer agent that the shares or other securit... |
11.02.120 | Transfer of shares—Liability. | Neither a domestic or foreign corporation or its registrar or transfer agent shall be liable for transferring or causing to be transferred on the books of the corporation to or pursuant to the direction of the surviving spouse or the surviving domestic partner any share or shares or other securities theretofore issued ... |
11.02.130 | Safe deposit repository—Lease provision ineffective to create joint tenancy or transfer at one lessee's death. | A provision in a lease of a safety deposit repository to the effect that two or more persons have access to the repository, or that purports to create a joint tenancy in the repository or in the contents of the repository, or that purports to vest ownership of the contents of the repository in the surviving lessee, is ... |
11.02.900 | Short title—Washington trust act of 1984. | Chapter 149, Laws of 1984, as amended and reenacted in chapters 8, 9, 10, 11, 23, 30, and 31, Laws of 1985 shall be known as the Washington trust act of 1984.
[ 1985 c 30 s 2 .] |
11.02.901 | Application—1985 c 30—Application of 1984 c 149 as amended and reenacted in 1985. | (1) Nothing in chapter 8, 9, 10, 11, 23, 30, or 31, Laws of 1985 shall invalidate or nullify: (a) Any instrument or property relationship that is executed and irrevocable as of the April 10, 1985; or (b) Any action undertaken in a proceeding where the action was commenced before April 10, 1985, as long as the instrumen... |
11.02.902 | Purpose—1985 c 30. | 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 30 s 1 .] |
11.02.903 | Severability—1985 c 30. | 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 30 s 144 .] |
11.04.015 | Descent and distribution of real and personal estate. | The net estate of a person dying intestate, or that portion thereof with respect to which the person shall have died intestate, shall descend subject to the provisions of RCW 11.04.250 and 11.02.070 , and shall be distributed as follows: (1) Share of surviving spouse or state registered domestic partner. The surviving ... |
11.04.035 | Kindred of the half blood. | Kindred of the half blood shall inherit the same share which they would have inherited if they had been of the whole blood, unless the inheritance comes to the intestate by descent, devise, or gift from one of his or her ancestors, or kindred of such ancestor's blood, in which case all those who are not of the blood of... |
11.04.041 | Advancements. | If a person dies intestate as to all his or her estate, property which he or she gave in his or her lifetime as an advancement to any person who, if the intestate had died at the time of making the advancement, would be entitled to inherit a part of his or her estate, shall be counted toward the advancee's intestate sh... |
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