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11.20.020 | Application for probate—Hearing—Order—Proof—Record of testimony—Affidavits of attesting witnesses. | (1) Applications for the probate of a will and for letters testamentary, or either, may be made to the judge of the court having jurisdiction and the court may immediately hear the proofs and either probate or reject such will as the testimony may justify. Upon such hearing the court shall make and cause to be entered ... |
11.20.030 | Commission to take testimony of witness. | If any witness be prevented by sickness from attending at the time any will is produced for probate, or reside out of the state or more than thirty miles from the place where the will is to be proven, such court may issue a commission annexed to such will, and directed to any judge, notary public, or other person autho... |
11.20.040 | Proof where one or more witnesses are unable or incompetent to testify, or absent from state. | The subsequent incompetency from whatever cause of one or more of the subscribing witnesses, or their inability to testify in open court or pursuant to commission, or their absence from the state, shall not prevent the probate of the will. In such cases the court shall admit the will to probate upon satisfactory testim... |
11.20.050 | Recording of wills. | All wills filed with the clerk of the superior court must be noted in the record required to be kept under RCW 36.23.030 (7). They may be withdrawn from the record on the order of the court.
[ 2002 c 271 s 1 ; 1967 c 168 s 17 ; 1965 c 145 s 11.20.050 . Prior: 1915 c 156 s 13 ; RRS s 1383; prior: Code 1881 s 1356; 1863 ... |
11.20.060 | Record of will as evidence. | The record of any will made, probated and recorded as herein provided, and the exemplification of such record by the clerk in whose custody the same may be, shall be received as evidence, and shall be as effectual in all cases as the original would be if produced and proven.
[ 1965 c 145 s 11.20.060 . Prior: 1917 c 156... |
11.20.070 | Proof of lost or destroyed will. | (1) If a will has been lost or destroyed under circumstances such that the loss or destruction does not have the effect of revoking the will, or is an electronic will, custody of which has not been maintained by a qualified custodian, the court may take proof of the execution and validity of the will and establish it, ... |
11.20.080 | Restraint of personal representative during pendency of application to prove lost or destroyed will. | If, before or during the pendency of an application to prove a lost or destroyed will, letters of administration shall have been granted on the estate of the testator, or letters testamentary of any previous will of the testator shall have been granted, the court shall have authority to restrain the personal representa... |
11.20.090 | Admission to probate of foreign will. | Wills probated in any other state or territory of the United States, or in any foreign country or state, shall be admitted to probate in this state on the production of a copy of such will and of the original record of probate thereof, certified by the attestation of the clerk of the court in which such probation was m... |
11.20.100 | Laws applicable to foreign wills. | All provisions of law relating to the carrying into effect of domestic wills after probate thereof shall, so far as applicable, apply to foreign wills admitted to probate in this state.
[ 1965 c 145 s 11.20.100 . Prior: 1917 c 156 s 23 ; RRS s 1393; prior: Code 1881 s 1371; 1877 p 284 s 2 .] |
11.24.010 | Contest of probate or rejection—Limitation of action—Issues. | If any person interested in any will shall appear within four months immediately following the probate or rejection thereof, and by petition to the court having jurisdiction contest the validity of said will, or appear to have the will proven which has been rejected, he or she shall file a petition containing his or he... |
11.24.020 | Filing of will contest petition—Notice. | Upon the filing of the petition referred to in RCW 11.24.010 , notice shall be given as provided in RCW 11.96A.100 to the executors who have taken upon themselves the execution of the will, or to the administrators with the will annexed, to all legatees named in the will or to their guardians if any of them are minors,... |
11.24.030 | Burden of proof. | In any such contest proceedings the previous order of the court probating, or refusing to probate, such will shall be prima facie evidence of the legality of such will, if probated, or its illegality, if rejected, and the burden of proving the illegality of such will, if probated, or the legality of such will, if rejec... |
11.24.040 | Revocation of probate. | If, upon the trial of said issue, it shall be decided that the will or a part of it is for any reason invalid, or that it is not sufficiently proved to have been the last will of the testator, the will or part and probate thereof shall be annulled and revoked and to that extent the powers of the personal representative... |
11.24.050 | Costs. | If the probate be revoked or the will annulled, assessment of costs shall be in the discretion of the court. If the will be sustained, the court may assess the costs against the contestant, including, unless it appears that the contestant acted with probable cause and in good faith, such reasonable attorney's fees as t... |
11.28.010 | Letters to executors—Refusal to serve—Disqualification. | After the entry of an order admitting a will to probate and appointing a personal representative, or personal representatives, letters testamentary shall be granted to the persons therein appointed executors. If a part of the persons thus appointed refuse to act, or be disqualified, the letters shall be granted to the ... |
11.28.020 | Objections to appointment. | Any person interested in a will may file objections in writing to the granting of letters testamentary to the persons named as executors, or any of them, and the objection shall be heard and determined by the court.
[ 1965 c 145 s 11.28.020 . Prior: 1917 c 156 s 47 ; RRS s 1417; prior: Code 1881 s 1372; 1863 p 217 s 10... |
11.28.030 | Community property—Who entitled to letters—Waiver. | A surviving spouse or surviving domestic partner shall be entitled to administer upon the community property, notwithstanding any provisions of the will to the contrary, if the court find such spouse or such domestic partner to be otherwise qualified; but if such surviving spouse or surviving domestic partner do not ma... |
11.28.040 | Procedure during minority or absence of executor. | If the executor be a minor or absent from the state, letters of administration with the will annexed shall be granted, during the time of such minority or absence, to some other person unless there be another executor who shall accept the trust, in which case the estate shall be administered by such other executor unti... |
11.28.050 | Powers of remaining executors on removal of associate. | When any of the executors named shall not qualify or having qualified shall become disqualified or be removed, the remaining executor or executors shall have the authority to perform every act and discharge every trust required by the will, and their acts shall be effectual for every purpose.
[ 1965 c 145 s 11.28.050 .... |
11.28.060 | Administration with will annexed on death of executor. | No executor of an executor shall, as such, be authorized to administer upon the estate of the first testator, but on the death of the sole or surviving executor of any last will, letters of administration with the will annexed, on the estate of the first testator left unadministered, shall be issued.
[ 1965 c 145 s 11.... |
11.28.070 | Authority of administrator with will annexed. | Administrators with the will annexed shall have the same authority as the executor named in the will would have had, and their acts shall be as effectual for every purpose: PROVIDED, That they shall not lease, mortgage, pledge, exchange, sell, or convey any real or personal property of the estate except under order of ... |
11.28.085 | Records and certification of letters—Record of bonds. | See RCW 36.23.030 . |
11.28.090 | Execution and form of letters testamentary. | Letters testamentary to be issued to executors under the provisions of this chapter shall be signed by the clerk, and issued under the seal of the court, and may be in the following form: State of Washington, county of . . . . . . In the superior court of the county of . . . . . . Whereas, the last will of A B, decease... |
11.28.100 | Form of letters with will annexed. | Letters of administration with the will annexed shall be in substantially the same form as provided for letters testamentary.
[ 1965 c 145 s 11.28.100 . Prior: 1917 c 156 s 60 ; RRS s 1430; prior: Code 1881 s 1387; 1863 p 219 s 121 .] |
11.28.110 | Application for letters of administration or adjudication of intestacy and heirship. | Application for letters of administration, or, application for an adjudication of intestacy and heirship without the issuance of letters of administration shall be made by petition in writing, signed and verified by the applicant or his or her attorney, and filed with the court, which petition shall set forth the facts... |
11.28.120 | Persons entitled to letters. | Administration of an estate if the decedent died intestate or if the personal representative or representatives named in the will declined or were unable to serve shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order: (1) The surviving ... |
11.28.131 | Hearing on petition—Appointment—Issuance of letters—Notice to surviving spouse or surviving domestic partner. | When a petition for general letters of administration or for letters of administration with the will annexed shall be filed, the matter may be heard forthwith, appointment made and letters of administration issued: PROVIDED, That if there be a surviving spouse or surviving domestic partner and a petition is presented b... |
11.28.140 | Form of letters of administration. | Letters of administration shall be signed by the clerk, and be under the seal of the court, and may be substantially in the following form: State of Washington, County of . . . . . . Whereas, A.B., late of . . . . . . on or about the . . . . day of . . . . . . A.D. (year) . . . . died intestate, leaving at the time of ... |
11.28.150 | Revocation of letters by discovery of will. | If after letters of administration are granted a will of the deceased be found and probate thereof be granted, the letters shall be revoked and letters testamentary or of administration with the will annexed, shall be granted.
[ 1965 c 145 s 11.28.150 . Prior: 1917 c 156 s 51 ; RRS s 1421; prior: Code 1881 s 1375; 1863... |
11.28.160 | Cancellation of letters of administration. | The court appointing any personal representative shall have authority for any cause deemed sufficient, to cancel and annul such letters and appoint other personal representatives in the place of those removed.
[ 1965 c 145 s 11.28.160 . Prior: 1917 c 156 s 52 ; RRS s 1422.]
Revocation of letters — Causes: RCW 11.28.250... |
11.28.170 | Oath of personal representative. | Before letters testamentary or of administration are issued, each personal representative or an officer of a bank or trust company qualified to act as a personal representative, must take and subscribe an oath, before some person authorized to administer oaths, that the duties of the trust as personal representative wi... |
11.28.185 | Bond or other security of personal representative—When not required—Waiver—Corporate trustee—Additional bond—Reduction—Other security. | When the terms of the decedent's will manifest an intent that the personal representative appointed to administer the estate shall not be required to furnish bond or other security, or when the personal representative is the surviving spouse or surviving domestic partner of the decedent and it appears to the court that... |
11.28.190 | Examination of sureties—Additional security—Costs. | Before the judge approves any bond required under this chapter, and after its approval, he or she may, of his or her own motion, or upon the motion of any person interested in the estate, supported by affidavit that the sureties, or some one or more of them, are not worth as much as they have justified to, order a cita... |
11.28.210 | New or additional bond. | Any person interested may at any time by verified petition to the court, or otherwise, complain of the sufficiency of any bond or sureties thereon, and the court may upon such petition, or upon its own motion, and with or without hearing upon the matter, require the personal representative to give a new, or additional ... |
11.28.220 | Persons disqualified as sureties. | No judge of the superior court, no sheriff, clerk of a court, or deputy of either, and no attorney-at-law shall be taken as surety on any bond required to be taken in any proceeding in probate.
[ 1965 c 145 s 11.28.220 . Prior: 1917 c 156 s 71 ; RRS s 1441; prior: 1891 p 383 s 14 ; Code 1881 s 1409; 1863 p 221 s 128 ; ... |
11.28.230 | Bond not void for want of form—Successive recoveries. | No bond required under the provisions of this chapter, and intended as such bond, shall be void for want of form, recital or condition; nor shall the principal or surety on such account be discharged, but all the parties thereto shall be held and bound to the full extent contemplated by the law requiring the same, to t... |
11.28.235 | Limitation of action against sureties. | All actions against sureties shall be commenced within six years after the revocation or surrender of letters of administration or death of the principal.
[ 1965 c 145 s 11.28.235 . Prior: 1917 c 156 s 80 ; RCW 11.28.310 ; RRS s 1450; prior: 1891 p 385 s 21 ; Code 1881 s 1431; 1854 p 274 s 42 .] |
11.28.237 | Notice of appointment as personal representative, pendency of probate—Proof by affidavit. | (1) Within twenty days after appointment, the personal representative of the estate of a decedent shall cause written notice of his or her appointment and the pendency of said probate proceedings, to be served personally or by mail to each heir, legatee and devisee of the estate and each beneficiary or transferee of a ... |
11.28.238 | Notice of appointment as personal representative—Notice to department of revenue. | Duty of personal representative to notify department of revenue of administration; personal liability for taxes upon failure to give notice: See RCW 82.32.240 . |
11.28.240 | Request for special notice of proceedings in probate—Prohibitions. | (1) At any time after the issuance of letters testamentary or of administration or certificate of qualification upon the estate of any decedent, any person interested in the estate as an heir, devisee, distributee, legatee or creditor whose claim has been duly served and filed, or the lawyer for the heir, devisee, dist... |
11.28.250 | Revocation of letters—Causes. | Whenever the court has reason to believe that any personal representative has wasted, embezzled, or mismanaged, or is about to waste, or embezzle the property of the estate committed to his or her charge, or has committed, or is about to commit a fraud upon the estate, or is incompetent to act, or is permanently remove... |
11.28.260 | Revocation of letters—Proceedings in court or chambers. | The applications and acts authorized by RCW 11.28.250 may be heard and determined in court or at chambers. All orders made therein must be entered upon the minutes of the court.
[ 1965 c 145 s 11.28.260 . Prior: 1917 c 156 s 75 ; RRS s 1445; prior: 1891 p 384 s 17 ; Code 1881 s 1413; 1877 p 213 s 4 .] |
11.28.270 | Powers of remaining personal representatives if letters to associates revoked or surrendered or upon disqualification. | If more than one personal representative of an estate is serving when the letters to any of them are revoked or surrendered or when any part of them dies or in any way becomes disqualified, those who remain shall perform all the duties required by law unless the decedent provided otherwise in a duly probated will or un... |
11.28.280 | Successor personal representative. | Except as otherwise provided in RCW 11.28.270 , if a personal representative of an estate dies or resigns or the letters are revoked before the settlement of the estate, letters testamentary or letters of administration of the estate remaining unadministered shall be granted to those to whom the letters would have been... |
11.28.290 | Accounting on death, resignation, or revocation of letters. | If any personal representative resign, or his or her letters be revoked, or he or she die, he or she or his or her representatives shall account for, pay, and deliver to his or her successor or to the surviving or remaining personal representatives, all money and property of every kind, and all rights, credits, deeds, ... |
11.28.300 | Proceedings against delinquent personal representative. | The succeeding administrator, or remaining personal representative may proceed by law against any delinquent former personal representative, or his or her personal representatives, or the sureties of either, or against any other person possessed of any part of the estate.
[ 2010 c 8 s 2022 ; 1965 c 145 s 11.28.300 . Pr... |
11.28.330 | Notice of adjudication of testacy or intestacy and heirship—Contents—Service or mailing. | If no personal representative is appointed to administer the estate of a decedent, the person obtaining the adjudication of testacy, or intestacy and heirship, within thirty days shall personally serve or mail a true copy of the adjudication to each heir, legatee, and devisee of the decedent, which copy shall contain t... |
11.28.340 | Order of adjudication of testacy or intestacy and heirship—Entry—Time limitation—Deemed final decree of distribution, when—Purpose—Finality of adjudications. | Unless, within four months after the entry of the order adjudicating testacy or intestacy and heirship, and the mailing or service of the notice required in RCW 11.28.330 any heir, legatee or devisee of the decedent shall offer a later will for probate or contest an adjudication of testacy in the manner provided in thi... |
11.32.010 | Appointment. | When, by reason of an action concerning the proof of a will, or from any other cause, there shall be a delay in granting letters testamentary or of administration, the judge may, in his or her discretion, appoint a special administrator (other than one of the parties) to collect and preserve the effects of the deceased... |
11.32.020 | Bond. | Every such administrator shall, before entering on the duties of his or her trust, give bond, with sufficient surety or sureties, in such sum as the judge shall order, payable to the state of Washington, with conditions as required of an executor or in other cases of administration: PROVIDED, That in all cases where a ... |
11.32.030 | Powers and duties. | Such special administrator shall collect all the goods, chattels, money, effects, and debts of the deceased, and preserve the same for the personal representative who shall thereafter be appointed; and for that purpose may commence and maintain suits as an administrator, and may also sell such perishable and other good... |
11.32.040 | Succession by personal representative. | Upon granting letters testamentary or of administration the power of the special administrator shall cease, and he or she shall forthwith deliver to the personal representative all the goods, chattels, money, effects, and debts of the deceased in his or her hands, and the personal representative may be admitted to pros... |
11.32.050 | Not liable to creditors. | Such special administrator shall not be liable to an action by any creditor of the deceased, and the time for limitation of all suits against the estate shall begin to run from the time of granting letters testamentary or of administration in the usual form, in like manner as if such special administration had not been... |
11.32.060 | To render account. | The special administrator shall also render an account, under oath, of his or her proceedings, in like manner as other administrators are required to do.
[ 2010 c 8 s 2029 ; 1965 c 145 s 11.32.060 . Prior: 1917 c 156 s 86 ; RRS s 1456; prior: Code 1881 s 1424; 1863 p 223 s 142 ; 1860 p 185 s 109 .]
Settlement of estate... |
11.36.010 | Parties disqualified—Result of disqualification after appointment. | (1) Except as provided in subsections (2), (3), and (4) of this section, the following persons are not qualified to act as personal representatives: Corporations, limited liability companies, limited liability partnerships, minors, persons of unsound mind, or persons who have been convicted of (a) any felony or (b) any... |
11.36.021 | Trustees—Who may serve. | (1) The following may serve as trustees: (a) Any suitable persons over the age of eighteen years, if not otherwise disqualified; (b) Any trust company regularly organized under the laws of this state and national banks when authorized to do so; (c) Any nonprofit corporation, if the articles of incorporation or bylaws o... |
11.40.010 | Claims—Presentation—Other notice not affected. | A person having a claim against the decedent may not maintain an action on the claim unless a personal representative has been appointed and the claimant has presented the claim as set forth in this chapter. However, this chapter does not affect the notice under RCW 82.32.240 or the ability to maintain an action agains... |
11.40.020 | Notice to creditors—Manner—Filings—Publication. | (1) Subject to subsection (2) of this section, a personal representative may give notice to the creditors of the decedent, in substantially the form set forth in RCW 11.40.030 , announcing the personal representative's appointment and requiring that persons having claims against the decedent present their claims within... |
11.40.030 | Notice to creditors—Form. | Notice under RCW 11.40.020 must contain the following elements in substantially the following form: CAPTION ) No. OF CASE ) PROBATE NOTICE TO ) CREDITORS . . . . ) RCW 11.40.030 The personal representative named below has been appointed as personal representative of this estate. Any person having a claim against the de... |
11.40.040 | "Reasonably ascertainable" creditor—Definition—Reasonable diligence—Presumptions—Petition for order. | (1) For purposes of RCW 11.40.051 , a "reasonably ascertainable" creditor of the decedent is one that the personal representative would discover upon exercise of reasonable diligence. The personal representative is deemed to have exercised reasonable diligence upon conducting a reasonable review of the decedent's corre... |
11.40.051 | Claims against decedent—Time limits. | (1) Whether or not notice is provided under RCW 11.40.020 , a person having a claim against the decedent is forever barred from making a claim or commencing an action against the decedent, if the claim or action is not already barred by an otherwise applicable statute of limitations, unless the creditor presents the cl... |
11.40.060 | Claims involving liability or casualty insurance—Limitations—Exceptions to time limits. | The time limitations for presenting claims under this chapter do not accrue to the benefit of any liability or casualty insurer. Claims against the decedent or the decedent's marital community that can be fully satisfied by applicable insurance coverage or proceeds need not be presented within the time limitation of RC... |
11.40.070 | Claims—Form—Manner of presentation—Waiver of defects. | (1) The claimant, the claimant's attorney, or the claimant's agent shall sign the claim and include in the claim the following information: (a) The name and address of the claimant; (b) The name, address, if different from that of the claimant, and nature of authority of an agent signing the claim on behalf of the clai... |
11.40.080 | Claims—Duty to allow or reject—Notice of petition to allow—Attorneys' fees. | (1) The personal representative shall allow or reject all claims presented in the manner provided in RCW 11.40.070 . The personal representative may allow or reject a claim in whole or in part. (2) If the personal representative has not allowed or rejected a claim within the later of four months from the date of first ... |
11.40.090 | Allowance of claims—Notice—Automatic allowance—Petition for extension—Ranking of claims—Barred claims. | (1) If the personal representative allows a claim, the personal representative shall notify the claimant of the allowance by personal service or regular first-class mail to the address stated on the claim. (2) A claim that on its face does not exceed one thousand dollars presented in the manner provided in RCW 11.40.07... |
11.40.100 | Rejection of claim—Time limits—Notice—Compromise of claim. | (1) If the personal representative rejects a claim, in whole or in part, the claimant must bring suit against the personal representative within thirty days after notification of rejection or the claim is forever barred. The personal representative shall notify the claimant of the rejection and file an affidavit with t... |
11.40.110 | Action pending at decedent's death—Personal representative as defendant. | If an action is pending against the decedent at the time of the decedent's death, the plaintiff shall, within four months after appointment of the personal representative, serve on the personal representative a petition to have the personal representative substituted as defendant in the action. Upon hearing on the peti... |
11.40.120 | Effect of judgment against personal representative. | The effect of any judgment rendered against a personal representative shall be only to establish the amount of the judgment as an allowed claim.
[ 1997 c 252 s 18 ; 1965 c 145 s 11.40.120 . Prior: 1917 c 156 s 118 ; RRS s 1488; prior: Code 1881 s 1478; 1854 p 282 s 90 .]
Application — 1997 c 252 ss 1-73: See note follo... |
11.40.130 | Judgment against decedent—Execution barred upon decedent's death—Presentation—Sale of property. | If a judgment was entered against the decedent during the decedent's lifetime, an execution may not issue on the judgment after the death of the decedent. The judgment must be presented in the manner provided in RCW 11.40.070 , but if the judgment is a lien on any property of the decedent, the property may be sold for ... |
11.40.135 | Secured claim—Creditor's right. | If a creditor's claim is secured by any property of the decedent, this chapter does not affect the right of a creditor to realize on the creditor's security, whether or not the creditor presented the claim in the manner provided in RCW 11.40.070 .
[ 1997 c 252 s 20 .]
Application — 1997 c 252 ss 1-73: See note followin... |
11.40.140 | Claim of personal representative—Presentation and petition—Filing. | If the personal representative has a claim against the decedent, the personal representative must present the claim in the manner provided in RCW 11.40.070 , and the allowance or rejection of the claim shall be addressed, resolved, and settled under the procedures provided under chapter 11.96A RCW. This section applies... |
11.40.150 | Notice to creditors when personal representative resigns, dies, or is removed—Limit tolled by vacancy. | (1) If a personal representative has given notice under RCW 11.40.020 and then resigns, dies, or is removed, the successor personal representative shall: (a) Publish notice of the vacancy and succession for two successive weeks in the legal newspaper in which notice was published under RCW 11.40.020 if the vacancy occu... |
11.40.160 | Personal representative as successor to notice agent—Notice not affected—Presumptions—Duties. | If a notice agent had commenced nonprobate notice to creditors under chapter 11.42 RCW, the appointment of the personal representative does not affect the filing and publication of notice to creditors and does not affect actual notice to creditors given by the notice agent. The personal representative is presumed to ha... |
11.40.900 | 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... |
11.42.010 | Notice agent—Qualifications. | (1) Subject to the conditions stated in this chapter, and if no personal representative has been appointed in this state, a beneficiary or trustee who has received or is entitled to receive by reason of the decedent's death substantially all of the decedent's probate and nonprobate assets, is qualified to give nonproba... |
11.42.020 | Notice to creditors—Manner—Filings—Publication. | (1) Subject to subsection (2) of this section, a notice agent may give nonprobate notice to the creditors of the decedent if: (a) As of the date of the filing of the notice to creditors with the court, the notice agent has no knowledge of another person acting as notice agent or of the appointment of a personal represe... |
11.42.030 | Notice to creditors—Form. | Notice under RCW 11.42.020 must contain the following elements in substantially the following form: ) CAPTION ) No. OF CASE ) NONPROBATE ) NOTICE TO CREDITORS ) RCW 11.42.030 . . . . ) The notice agent named below has elected to give notice to creditors of the above-named decedent. As of the date of the filing of a cop... |
11.42.040 | "Reasonably ascertainable" creditor—Definition—Reasonable diligence—Presumptions—Petition for order. | (1) For purposes of RCW 11.42.050 , a "reasonably ascertainable" creditor of the decedent is one that the notice agent would discover upon exercise of reasonable diligence. The notice agent is deemed to have exercised reasonable diligence upon conducting a reasonable review of the decedent's correspondence, including c... |
11.42.050 | Claims against decedent—Time limits. | (1) If a notice agent provides notice under RCW 11.42.020 , any person having a claim against the decedent is forever barred from making a claim or commencing an action against the decedent if the claim or action is not already barred by an otherwise applicable statute of limitations, unless the creditor presents the c... |
11.42.060 | Claims involving liability or casualty insurance—Limitations—Exceptions to time limits. | The time limitations for presenting claims under this chapter do not accrue to the benefit of any liability or casualty insurer. Claims against the decedent or the decedent's marital community that can be fully satisfied by applicable insurance coverage or proceeds need not be presented within the time limitation of RC... |
11.42.070 | Claims—Form—Manner of presentation—Waiver of defects. | (1) The claimant, the claimant's attorney, or the claimant's agent shall sign the claim and include in the claim the following information: (a) The name and address of the claimant; (b) The name, address, if different from that of the claimant, and nature of authority of an agent signing the claim on behalf of the clai... |
11.42.080 | Claims—Duty to allow or reject—Notice of petition to allow—Attorneys' fees. | (1) The notice agent shall allow or reject all claims presented in the manner provided in RCW 11.42.070 . The notice agent may allow or reject a claim, in whole or in part. (2) If the notice agent has not allowed or rejected a claim within the later of four months from the date of first publication of the notice to cre... |
11.42.085 | Property liable for claims—Payment limits. | (1) The decedent's nonprobate and probate assets that were subject to the satisfaction of the decedent's general liabilities immediately before the decedent's death are liable for claims. The decedent's probate assets may be liable, whether or not there is a probate administration of the decedent's estate. (2) The noti... |
11.42.090 | Allowance of claims—Notice—Payment order. | (1) If the notice agent allows a claim, the notice agent shall notify the claimant of the allowance by personal service or regular first-class mail to the address stated on the claim. A claim may not be allowed if it is barred by a statute of limitations. (2) The notice agent shall pay claims allowed in the following o... |
11.42.100 | Rejection of claim—Time limits—Notice—Time limit for suit—Compromise of claim. | (1) If the notice agent rejects a claim, in whole or in part, the claimant must bring suit against the notice agent within thirty days after notification of rejection or the claim is forever barred. The notice agent shall notify the claimant of the rejection and file an affidavit with the court showing the notification... |
11.42.110 | Effect of judgment against notice agent. | The effect of a judgment rendered against the notice agent shall be only to establish the amount of the judgment as an allowed claim.
[ 1997 c 252 s 35 ; 1994 c 221 s 41 .]
Application — 1997 c 252 ss 1-73: See note following RCW 11.02.005 .
Effective dates — 1994 c 221: See note following RCW 11.100.035 . |
11.42.120 | Execution barred upon decedent's death—Presentation—Sale of property. | If a judgment was entered against the decedent during the decedent's lifetime, an execution may not issue on the judgment after the death of the decedent. If a notice agent is acting, the judgment must be presented in the manner provided in RCW 11.42.070 , but if the judgment is a lien on any property of the decedent, ... |
11.42.125 | Secured claim—Creditor's right. | If a creditor's claim is secured by any property of the decedent, this chapter does not affect the right of the creditor to realize on the creditor's security, whether or not the creditor presented the claim in the manner provided in RCW 11.42.070 .
[ 1997 c 252 s 37 .]
Application — 1997 c 252 ss 1-73: See note follow... |
11.42.130 | Claim of notice agent or beneficiary—Payment. | A claim of the notice agent or other person who has received property by reason of the decedent's death must be paid as set forth in RCW 11.42.090 (3).
[ 1997 c 252 s 38 ; 1994 c 221 s 43 .]
Application — 1997 c 252 ss 1-73: See note following RCW 11.02.005 .
Effective dates — 1994 c 221: See note following RCW 11.100.... |
11.42.140 | Notice to creditors when notice agent resigns, dies, or is removed—Limit tolled by vacancy. | (1) If a notice agent has given notice under RCW 11.42.020 and the notice agent resigns, dies, or is removed or a personal representative is appointed, the successor notice agent or the personal representative shall: (a) Publish notice of the vacancy and succession for two successive weeks in the legal newspaper in whi... |
11.42.150 | Appointment of personal representative—Cessation of notice agent powers and authority—Notice not affected—Personal representative's powers—Petition for reimbursement for allowance and payment of claims by notice agent. | (1) The powers and authority of a notice agent immediately cease, and the office of notice agent becomes vacant, upon appointment of a personal representative for the estate of the decedent. Except as provided in RCW 11.42.140 (2), the cessation of the powers and authority does not affect the filing and publication of ... |
11.42.900 | 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... |
11.44.015 | Inventory and appraisement—Filing—Copy distribution. | (1) Within three months after appointment, unless a longer time shall be granted by the court, every personal representative shall make and verify by affidavit a true inventory and appraisement of all of the property of the estate passing under the will or by laws of intestacy and which shall have come to the personal ... |
11.44.025 | Additional inventory and appraisement—Copy distribution. | Whenever any property of the estate not mentioned in the inventory and appraisement comes to the knowledge of a personal representative, the personal representative shall cause the property to be inventoried and appraised and shall make and verify by affidavit a true inventory and appraisement of the property within th... |
11.44.035 | Inventory and appraisement may be contradicted or avoided. | In an action against the personal representative where the administration of the estate, or any part thereof, is put in issue and the inventory and appraisement of the estate by the personal representative is given in evidence, the same may be contradicted or avoided by evidence. Any party in interest in the estate may... |
11.44.050 | Inventory and appraisement—Failure to return or provide copy—Revocation of letters. | If any personal representative shall neglect or refuse to make the inventory and appraisement within the period prescribed, or within such further time as the court may allow, or to provide a copy as provided under RCW 11.44.015 , 11.44.025 , or 11.44.035 , the court may revoke the letters testamentary or of administra... |
11.44.070 | Persons assisting in appraisement—Compensation—Refund. | The personal representative may employ a qualified and disinterested person to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the e... |
11.44.085 | Claims against personal representative included. | The naming or the appointment of any person as personal representative shall not operate as a discharge from any just claim which the testator or intestate had against the personal representative, but the claim shall be included in the inventory and appraisement and the personal representative shall be liable to the sa... |
11.44.090 | Discharge of debt—Specific bequest and inclusion in inventory and appraisement. | The discharge or bequest in a will of any debt or demand of the testator against any executor named in the testator's will or against any person shall not be valid against the creditors of the deceased, but shall be construed as a specific bequest of such debt or demand, and the amount thereof shall be included in the ... |
11.48.010 | General powers and duties. | It shall be the duty of every personal representative to settle the estate, including the administration of any nonprobate assets within control of the personal representative under RCW 11.18.200 , in his or her hands as rapidly and as quickly as possible, without sacrifice to the probate or nonprobate estate. The pers... |
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