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11.04.060 | Tenancy in dower and by curtesy abolished. | The provisions of RCW 11.04.015 , as to the inheritance of the husband and wife from each other take the place of tenancy in dower and tenancy by curtesy, which are hereby abolished.
[ 1965 c 145 s 11.04.060 . Prior: Code 1881 s 3304; 1875 p 55 s 3 ; RRS s 1343.] |
11.04.071 | Survivorship as incident of tenancy by the entireties abolished. | The right of survivorship as an incident of tenancy by the entireties is abolished.
[ 1965 c 145 s 11.04.071 .]
Joint tenancy: Chapter 64.28 RCW.
Safe deposit repository — Lease provision ineffective to create joint tenancy or transfer at one lessee's death: RCW 11.02.130 . |
11.04.081 | Inheritance by and from any child not dependent upon marriage of parents. | For the purpose of inheritance to, through, and from any child, the effects and treatment of the parent-child relationship shall not depend upon whether or not the parents have been married.
[1975-'76 2nd ex.s. c 42 s 24; 1965 c 145 s 11.04.081 . Formerly RCW 11.04.080 and 11.04.090 .]
Effect of decree of adoption: RCW... |
11.04.085 | Inheritance by adopted child. | A lawfully adopted child shall not be considered an "heir" of his or her natural parents for purposes of this title.
[ 2010 c 8 s 2004 ; 1965 c 145 s 11.04.085 .]
Effect of decree of adoption: RCW 26.33.260 .
"Issue" includes lawfully adopted children: RCW 11.02.005 (11). |
11.04.095 | Inheritance from stepparent avoids escheat. | If a person dies leaving a surviving spouse or surviving domestic partner and issue by a former spouse or former domestic partner and leaving a will whereby all or substantially all of the deceased's property passes to the surviving spouse or surviving domestic partner or having before death conveyed all or substantial... |
11.04.230 | United States savings bond—Effect of death of co-owner. | If either co-owner of United States savings bonds registered in two names as co-owners (in the alternative) dies without having presented and surrendered the bond for payment to a federal reserve bank or the treasury department, the surviving co-owner will be the sole and absolute owner of the bond.
[ 1965 c 145 s 11.0... |
11.04.240 | United States savings bond—Effect of beneficiary's survival of registered owner. | If the registered owner of United States savings bonds registered in the name of one person payable on death to another dies without having presented and surrendered the bond for payment or authorized reissue to a federal reserve bank or the treasury department, and is survived by the beneficiary, the beneficiary will ... |
11.04.250 | When real estate vests—Rights of heirs. | When a person dies seized of lands, tenements or hereditaments, or any right thereto or entitled to any interest therein in fee or for the life of another, his or her title shall vest immediately in his or her heirs or devisees, subject to his or her debts, family allowance, expenses of administration, and any other ch... |
11.04.290 | Vesting of title. | RCW 11.04.250 through 11.04.290 shall apply to community real property and also to separate estate; and upon the death of either spouse or either domestic partner, title of all community real property shall vest immediately in the person or persons to whom the same shall go, pass, descend or be devised, as provided in ... |
11.05A.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitle one or more to the whole of the pro... |
11.05A.020 | Minimum survival requirement—Probate code. | Except as provided in RCW 11.05A.060 and except for the purposes of the uniform TOD security registration act, if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead, or family allowance depends upon an individual's survivorship of th... |
11.05A.030 | Minimum survival requirement—Governing instruments. | Except as provided in RCW 11.05A.060 and except for a security registered in beneficiary form (TOD) under the Uniform TOD Security Registration Act, for purposes of a provision of a governing instrument that relates to an individual surviving an event, including the death of another individual, an individual who is not... |
11.05A.040 | Minimum survival requirement—Co-owners. | Except as provided in RCW 11.05A.060 , if (1) it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by one hundred twenty hours, one-half of the property passes as if one had survived by one hundred twenty hours and one-half as if the oth... |
11.05A.050 | Evidence of death or status. | In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply: (1) Death occurs when an individual is determined to be dead by the attending physician, county coroner, or county medical officer. (2) A certified or authenticated copy of ... |
11.05A.060 | Exceptions. | This chapter does not apply if: (1) The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case; (2) The governing instrument expressly indicates that an individual is not required to survive an event, in... |
11.05A.070 | Liability. | (1) Protection of Payors and Other Third Parties. (a) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a person designated in a governing instrument who, under this chapter, is not entitled to the payment or item of property, or for having t... |
11.05A.900 | Application—Construction. | 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.
[ 2007 c 475 s 14 .] |
11.05A.901 | Short title. | This chapter may be cited as the uniform simultaneous death act.
[ 2007 c 475 s 15 .] |
11.05A.904 | Application. | On July 22, 2007: (1) An act done before July 22, 2007, in any proceeding and any accrued right is not impaired by this chapter. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time that has commenced to run by the provisions of any statute before July 22, 2007, the provisi... |
11.07.010 | Nonprobate assets—Dissolution or invalidation of marriage or domestic partnership—Termination of domestic partnership. | (1) This section applies to all nonprobate assets, wherever situated, held at the time of entry of a decree of dissolution of marriage or state registered domestic partnership or a declaration of invalidity or certification of termination of a state registered domestic partnership. (2)(a) If a marriage or state registe... |
11.08.101 | Property of deceased inmates of state institutions—Disposition after two years. | Where, upon the expiration of two years after the death of any inmate of any state institution, there remains in the custody of the superintendent of such institution, money or property belonging to said deceased inmate, the superintendent shall forward such money to the state treasurer for deposit in the general fund ... |
11.08.111 | Property of deceased inmates of state institutions—Disposition within two years. | Prior to the expiration of the two-year period provided for in RCW 11.08.101 , the superintendent may transfer such money or property in his or her possession, upon request and satisfactory proof submitted to him or her, to the following designated persons: (1) To the personal representative of the estate of such decea... |
11.08.120 | Property of deceased inmates of state institutions—Sale—Disposition of proceeds. | The property, other than money, of such deceased inmate remaining in the custody of a superintendent of a state institution after the expiration of the above two-year period may be forwarded to the department of corrections at its request and may be appraised and sold at public auction to the highest bidder in the mann... |
11.08.140 | Escheat for want of heirs. | Whenever any person dies, whether a resident of this state or not, leaving property subject to the jurisdiction of this state and without being survived by any person entitled to the same under the laws of this state, such property shall be designated escheat property and shall be subject to the provisions of RCW 11.08... |
11.08.150 | Title to property vests in state at death of owner. | Title to escheat property, which shall include any intangible personalty, shall vest in the state at the death of the owner thereof.
[ 1965 c 145 s 11.08.150 . Prior: 1955 c 254 s 3 .] |
11.08.160 | Department of revenue—Jurisdiction—Duties. | The department of revenue of this state shall have supervision of and jurisdiction over escheat property and may institute and prosecute any proceedings, including any proceeding under chapter 11.62 RCW, deemed necessary or proper in the handling of such property, and it shall be the duty of the department of revenue t... |
11.08.170 | Probate of escheat property—Notice to department of revenue. | Escheat property may be probated under the provisions of the probate laws of this state. Whenever such probate proceedings are instituted, whether by special administration or otherwise, the petitioner shall promptly notify the department of revenue in writing thereof on forms furnished by the department of revenue to ... |
11.08.180 | Department of revenue to be furnished copies of documents and pleadings. | The department of revenue may demand copies of any papers, documents, or pleadings involving the escheat property or the probate thereof deemed by it to be necessary for the enforcement of RCW 11.08.140 through 11.08.280 and it shall be the duty of the administrator or his or her attorney to furnish such copies to the ... |
11.08.185 | Escheat property—Records of department of revenue—Public record information. | All records of the department of revenue relating to escheated property or property about to escheat shall be a public record and shall be made available by the department of revenue for public inspection. Without limitation, the records to be made public shall include all available information regarding possible heirs... |
11.08.200 | Liability for use of escheated property. | If any person shall take possession of escheat property without proper authorization to do so, and shall have the use thereof for a period exceeding sixty days, he or she shall be liable to the state for the reasonable value of such use, payment of which may be enforced by the department of revenue or by the administra... |
11.08.205 | Lease, sublease, or rental of escheated real property—Authorized—Expenses—Distribution of proceeds. | (1) The department of natural resources shall have the authority to lease real property from the administrator of an estate being probated under the escheat provisions, RCW 11.08.140 to 11.08.280. (2) The department of natural resources shall have the authority to sublease or rent the real property, it has leased under... |
11.08.210 | Allowance of claims, expenses, partial fees—Sale of property—Decree of distribution. | If at the expiration of four months from the date of the first publication of notice to creditors no heirs have appeared and established their claim to the estate, the court may enter an interim order allowing claims, expenses, and partial fees. If at the expiration of ten months from the date of issuance of letters te... |
11.08.220 | Certified copies of decree—Department of natural resources duties. | The department of revenue shall be furnished two certified copies of the decree of the court distributing any real property to the state, one of which shall be forwarded to the department of natural resources which shall thereupon assume supervision of and jurisdiction over such real property and thereafter handle it t... |
11.08.230 | Appearance and claim of heirs—Notices to department of revenue. | Upon the appearance of heirs and the establishment of their claim to the satisfaction of the court prior to entry of the decree of distribution to the estate, the provisions of RCW 11.08.140 through 11.08.280 shall not further apply, except for purposes of appeal: PROVIDED, That the department of revenue shall be promp... |
11.08.240 | Limitation on filing claim. | Any claimant to escheated funds or real property shall have seven years from the date of issuance of letters testamentary or of administration within which to file his or her claim. Such claim shall be filed with the court having original jurisdiction of the estate, and a copy thereof served upon the department of reve... |
11.08.250 | Order of court on establishment of claim—Parklands—Appraisal. | Upon establishment of the claim to the satisfaction of the court, it shall order payment to the claimant of any escheated funds and delivery of any escheated land, or the proceeds thereof, if sold. If, however, the escheated property shall have been transferred to the state parks and recreation commission or local juri... |
11.08.260 | Payment of escheated funds to claimant. | In the event the order of the court requires the payment of escheated funds or the proceeds of the sale of escheated real property or the appraised value of escheated property transferred for park purposes, a certified copy of such order shall be served upon the department of revenue which shall thereupon take any step... |
11.08.270 | Conveyance of escheated property to claimant. | In the event the order of the court requires the delivery of real property to the claimant, a certified copy of such order shall be served upon the department of natural resources which shall thereupon make proper certification to the office of the governor for issuance of a quitclaim deed for the property to the claim... |
11.08.280 | Limitation when claimant is minor or incompetent not under guardianship. | The claims of any persons to escheated funds or real property which are not filed within seven years as specified above are forever barred, excepting as to those persons who are minors or who are legally incompetent and not under guardianship, in which event the claim may be filed within seven years after their disabil... |
11.08.290 | Deposit of cash received by personal representative of escheat estate. | All cash received by the personal representative of an escheat estate shall be immediately deposited at interest for the benefit of the estate in a federally insured time or savings deposit or share account, except that the personal representative may maintain an amount not to exceed two hundred fifty dollars in a chec... |
11.08.300 | Transfer of property to department of revenue. | Escheat property may be transferred to the department of revenue under the provisions of RCW 11.62.005 through 11.62.020 . The department of revenue shall furnish proof of death and an affidavit made by the department which meets the requirements of RCW 11.62.010 to any person who is indebted to or has possession of an... |
11.10.010 | Abatement—Generally. | (1) Except as provided in subsection (2) of this section, property of a decedent abates, without preference as between real and personal property, in the following order: (a) Intestate property; (b) Residuary gifts; (c) General gifts; (d) Specific gifts. For purposes of abatement a demonstrative gift, defined as a gene... |
11.10.020 | Gift from mixed separate and community property. | To the extent that a gift is to be satisfied out of a source that consists of both separate and community property, unless otherwise indicated in the will it is presumed to be a gift from separate and community property in proportion to their relative value in the property or fund from which the gift is to be satisfied... |
11.10.030 | Allocation of separate and community assets. | (1) A community debt or liability is charged against the entire community property, with the surviving spouse's or surviving domestic partner's half and the decedent spouse's or decedent domestic partner's half charged equally. (2) A separate debt or liability is charged first against separate property, and if that is ... |
11.10.040 | Nonprobate assets. | (1) If abatement is necessary among takers of a nonprobate asset, the court shall adopt the abatement order and limitations set out in RCW 11.10.010 , 11.10.020 , and 11.10.030 , assigning categories in accordance with subsection (2) of this section. (2) A nonprobate transfer must be categorized for purposes of abateme... |
11.10.900 | Application of chapter. | This chapter applies in all instances in which no other abatement scheme is expressly provided.
[ 1994 c 221 s 4 .]
Effective dates — 1994 c 221: See note following RCW 11.100.035 . |
11.11.003 | Purposes. | The purposes of this chapter are to: (1) Enhance and facilitate the power of testators to control the disposition of assets that pass outside their wills; (2) Provide simple procedures for resolution of disputes regarding entitlement to such assets; and (3) Protect any financial institution or other third party having ... |
11.11.005 | Construction. | (1) When construing sections and provisions of this chapter, the sections and provisions must: (a) Be liberally construed and applied to promote the purposes of this chapter; (b) Be considered part of a general act that is intended as unified coverage of the subject matter, and no part of this chapter may be deemed imp... |
11.11.007 | Intent—Controversies between beneficiaries and testamentary beneficiaries. | This chapter is intended to establish ownership rights to nonprobate assets upon the death of the owner, as between beneficiaries and testamentary beneficiaries. This chapter is relevant only as to controversies between these persons, and has no bearing on the right of a person to transfer a nonprobate asset under its ... |
11.11.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1)(a) "Actual knowledge" means: (i) For a financial institution, whether acting as personal representative or otherwise, or other third party in possession or control of a nonprobate asset, receipt of written n... |
11.11.020 | Disposition of nonprobate assets under will. | (1) Subject to community property rights, upon the death of an owner the owner's interest in any nonprobate asset specifically referred to in the owner's will belongs to the testamentary beneficiary named to receive the nonprobate asset, notwithstanding the rights of any beneficiary designated before the date of the wi... |
11.11.030 | Waiver of right to dispose of a nonprobate asset under will—Revocation of waiver. | An owner may waive the right to dispose of a specific nonprobate asset by will under this chapter, with or without consideration, by a written instrument signed by the owner and delivered to the financial institution or other third party, including but not limited to signature cards or deposit agreements. The waiver is... |
11.11.040 | Right to rely on form of nonprobate asset—Discharge of financial institution or other third party. | In transferring nonprobate assets, a personal representative, a financial institution, or other third party may rely conclusively and entirely upon the form of the nonprobate asset and the terms of the nonprobate asset arrangement in effect on the date of death of the owner, and a personal representative or third party... |
11.11.050 | Notice—Affidavit—Form—Limitation on liability for failure to provide notice. | (1) Written notice under this chapter must be served personally or by certified mail, return receipt requested and postage prepaid, on the financial institution or other third party having the nonprobate asset in its possession or control, on the beneficiary, on the testamentary beneficiary, and on the personal represe... |
11.11.060 | Vesting of rights and powers under chapter. | The right to provide notice under RCW 11.11.050 and the entitlement of the testamentary beneficiary to the nonprobate asset vest immediately upon death of the owner. The power of the personal representative to direct the financial institution or other third party having the nonprobate asset in its possession or under i... |
11.11.070 | Ownership rights as between individuals preserved—Testamentary beneficiary may recover nonprobate asset from beneficiary—Limitation on action to recover. | (1) The protection accorded to financial institutions and other third parties under RCW 11.11.040 has no bearing on the actual rights of ownership to nonprobate assets as between beneficiaries and testamentary beneficiaries, and their heirs, successors, personal representatives, and assigns. (2) A testamentary benefici... |
11.11.080 | Nonprobate assets not property of estate—Effect of notice on administration—Effect of preceding death of devisee or legatee. | (1) Notwithstanding any provision of this chapter, a nonprobate asset disposed of under the owner's will may not be treated as a part of the owner's probate estate for any other purpose under this title, unless: (a) The nonprobate asset is subject to liabilities and claims, estate taxes, and expenses of administration ... |
11.11.090 | Transfer of nonprobate asset to testamentary beneficiary. | (1) A financial institution's or third party's obligation to transfer a nonprobate asset to a testamentary beneficiary arises only after it has actual knowledge of the claim of the testamentary beneficiary, and after receiving written direction from the personal representative of the owner's estate, or if the personal ... |
11.11.100 | Authority to withhold transfer—Notice—Expenses of obtaining consent, authorization, direction. | (1) This chapter does not require any financial institution or other third party to transfer a nonprobate asset to a beneficiary, testamentary beneficiary, or other person claiming an interest in the nonprobate asset if the financial institution or third party has actual knowledge of the existence of a dispute between ... |
11.11.110 | Adverse claim bond. | Notwithstanding RCW 11.11.100 , a financial institution or other third party having actual knowledge of the existence of a dispute between beneficiaries, a testamentary beneficiary, or other persons concerning rights to a nonprobate asset under this chapter may condition transfer of the nonprobate asset on execution, i... |
11.11.900 | Short title. | This chapter may be known and cited as the testamentary disposition of nonprobate assets act.
[ 1998 c 292 s 101 .] |
11.11.901 | Application of chapter. | This chapter applies to any will of an owner who dies while a resident of this state on or after July 1, 1999, regardless of whether the will was executed or republished before or after July 1, 1999, and regardless of whether the beneficiary of the nonprobate asset was designated before or after July 1, 1999.
[ 1998 c ... |
11.11.903 | Effective dates—1998 c 292. | (1) Sections 101 through 116 and 118 of this act take effect July 1, 1999. (2) Sections 117, 201 through 205, 301, 401, 501 through 507, and 604 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and t... |
11.12.010 | Who may make a will. | 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... |
11.12.020 | Requisites of wills—Foreign wills—Electronic presence. | (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... |
11.12.025 | Nuncupative wills. | 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 v... |
11.12.030 | Signature of testator at his or her direction—Signature by mark. | 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 evidenc... |
11.12.040 | Revocation of will—How effected—Effect on codicils. | (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 an... |
11.12.051 | Dissolution, invalidation, or termination of marriage or domestic partnership. | (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... |
11.12.060 | Agreement to convey does not revoke. | 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 ... |
11.12.070 | Devise or bequeathal of property subject to encumbrance. | 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 ... |
11.12.080 | Revocation of later will or codicil—Effect—Evidence. | (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 ... |
11.12.091 | Omitted child. | (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, ... |
11.12.095 | Omitted spouse or omitted domestic partner. | (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 partn... |
11.12.110 | Death of grandparent's issue before grantor. | 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, o... |
11.12.120 | Lapsed gift—Procedure and proof. | (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 t... |
11.12.160 | Interested witness—Effect on will. | (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 gif... |
11.12.170 | Devise of land, what passes. | 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: ... |
11.12.180 | Rule in Shelley's Case abolished—Future distribution or interest to heirs. | 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... |
11.12.185 | Doctrine of Worthier Title abolished—Exception. | 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; an... |
11.12.190 | Will to operate on after-acquired property. | 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 ... |
11.12.220 | No interest on devise unless will so provides. | 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.] |
11.12.230 | Intent of testator controlling. | 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 ... |
11.12.250 | Gift to trust. | 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 evidence... |
11.12.255 | Incorporation by reference. | 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.
... |
11.12.260 | Separate writing may direct disposition of tangible personal property—Requirements. | (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 ... |
11.12.265 | Filing of original will with court before death of testator. | 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... |
11.12.400 | Electronic wills—Short title. | RCW 11.12.410 through 11.12.491 may be known and cited as the uniform electronic wills act.
[ 2021 c 140 s 1001 .]
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 .] |
11.12.410 | Electronic wills—Definition. | 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 1... |
11.12.420 | Electronic wills—Applicable law. | 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 .]
Effective date — 2021 c 140 ss 1001-1016: See note following RCW 11.12.40... |
11.12.430 | Electronic wills—Execution—Choice of law. | 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 o... |
11.12.440 | Electronic wills—Execution—Procedure. | (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) Signe... |
11.12.450 | Electronic wills—Self-proving. | (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 testa... |
11.12.460 | Electronic wills—Qualified custodians—Eligibility. | (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 nonprof... |
11.12.470 | Electronic wills—Qualified custodians—Duties. | (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 ... |
11.12.480 | Electronic wills—Certified paper copies. | 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-prov... |
11.12.490 | Electronic wills—Uniformity of application and construction. | 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 .]
Effective date — 2021 c 140 ss 1001-1016: See note following RCW 11.12.400 . |
11.12.491 | Electronic wills—Applicability. | 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 .]
Effective date — 2021 c 140 ss 1001-1016: See note following RCW 11.12.400 . |
11.18.200 | Liability of beneficiary of nonprobate asset—Abatement. | (1) Unless expressly exempted by statute, a beneficiary of a nonprobate asset that was subject to satisfaction of the decedent's general liabilities immediately before the decedent's death takes the asset subject to liabilities, claims, estate taxes, and the fair share of expenses of administration reasonably incurred ... |
11.20.010 | Duty of custodian of will—Liability. | Any person having the custody or control of any will shall, within thirty days after he or she shall have received knowledge of the death of the testator, deliver said will to the court having jurisdiction or to the person named in the will as executor, and any executor having in his or her custody or control any will ... |
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