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11.48.020 | Right to possession and management of estate. | Every personal representative shall, after having qualified, by giving bond as hereinbefore provided, have a right to the immediate possession of all the real as well as personal estate of the deceased, and may receive the rents and profits of the real estate until the estate shall be settled or delivered over, by orde... |
11.48.025 | Continuation of decedent's business. | Upon a showing of advantage to the estate the court may authorize a personal representative to continue any business of the decedent, other than the business of a partnership of which the decedent was a member: PROVIDED, That if decedent left a nonintervention will or a will specifically authorizing a personal represen... |
11.48.030 | Chargeable with whole estate. | Every personal representative shall be chargeable in his or her accounts with the whole estate of the deceased which may come into his or her possession. He or she shall not be responsible for loss or decrease or destruction of any of the property or effects of the estate, without his or her fault.
[ 2010 c 8 s 2032 ; ... |
11.48.040 | Not chargeable on special promise to pay decedent's debts unless in writing. | No personal representative shall be chargeable upon any special promise to answer damages, or to pay the debts of the testator or intestate out of his or her own estate, unless the agreement for that purpose, or some memorandum or note thereof, is in writing and signed by such personal representative, or by some other ... |
11.48.050 | Allowance of necessary expenses. | He or she shall be allowed all necessary expenses in the care, management, and settlement of the estate.
[ 2010 c 8 s 2034 ; 1965 c 145 s 11.48.050 . Prior: 1917 c 156 s 156 ; RRS s 1526; prior: Code 1881 s 1541; 1854 p 295 s 164 .]
Rules of court: SPR 98.12W.
Attorney's fee to contestant of erroneous account or report... |
11.48.060 | May recover for embezzled or alienated property of decedent. | If any person, before the granting of letters testamentary or of administration, shall embezzle or alienate any of the moneys, goods, chattels, or effects of any deceased person, he or she shall stand chargeable, and be liable to the personal representative of the estate, in the value of the property so embezzled or al... |
11.48.070 | Concealed or embezzled property—Proceedings for discovery. | The court shall have authority to bring before it any person or persons suspected of having in his or her possession or having concealed, embezzled, conveyed, or disposed of any of the property of the estate of decedents or incompetents subject to administration under this title, or who has in his or her possession or ... |
11.48.080 | Uncollectible debts—Liability—Purchase of claims by personal representative. | No personal representative shall be accountable for any debts due the estate, if it shall appear that they remain uncollected without his or her fault. No personal representative shall purchase any claim against the estate he or she represents, but the personal representative may make application to the court for permi... |
11.48.090 | Actions for recovery of property and on contract. | Actions for the recovery of any property or for the possession thereof, and all actions founded upon contracts, may be maintained by and against personal representatives in all cases in which the same might have been maintained by and against their respective testators or intestates.
[ 1965 c 145 s 11.48.090 . Prior: 1... |
11.48.120 | Action on bond of previous personal representative. | Any personal representative may in his or her own name, for the benefit of all persons interested in the estate, as defined in RCW 11.96A.030 (6) relative to a decedent's estate, maintain actions on the bond of a former personal representative of the same estate.
[ 2021 c 140 s 4002 ; 2010 c 8 s 2038 ; 1965 c 145 s 11.... |
11.48.130 | Compromise of claims. | The court may authorize the personal representative, without the necessary nonintervention powers, to compromise and compound any claim owing the estate. Unless the court has restricted the power to compromise or compound claims owing to the estate and except as provided in RCW 11.68.090 , a personal representative wit... |
11.48.140 | Recovery of decedent's fraudulent conveyances. | When there shall be a deficiency of assets in the hands of a personal representative, and when the deceased shall in his or her lifetime have conveyed any real estate, or any rights, or interest therein, with intent to defraud his or her creditors or to avoid any right, duty, or debt of any person, or shall have so con... |
11.48.150 | Several personal representatives considered as one. | In an action against several personal representatives, they shall all be considered as one person representing their testator or intestate, and judgment may be given and execution issued against all of them who are defendants in the action.
[ 1965 c 145 s 11.48.150 . Prior: Code 1881 s 719; 1877 p 146 s 723 ; 1869 p 16... |
11.48.160 | Default judgment not evidence of assets—Exception. | When a judgment is given against a personal representative for want of answer, such judgment is not to be deemed evidence of assets in his or her hands, unless it appear that the complaint alleged assets and that the notice was served upon him or her.
[ 2010 c 8 s 2040 ; 1965 c 145 s 11.48.160 . Prior: Code 1881 s 720;... |
11.48.180 | Liability of executor de son tort. | No person is liable to an action as executor of his or her own wrong for having taken, received, or interfered with the property of a deceased person, but is responsible to the personal representatives of such deceased person for the value of all property so taken or received, and for all injury caused by his or her in... |
11.48.190 | Executor of executor may not sue for estate of first testator. | An executor of an executor has no authority as such to commence or maintain an action or proceeding relating to the estate of the testator of the first executor, or to take any charge or control thereof.
[ 1965 c 145 s 11.48.190 . Prior: Code 1881 s 723; 1877 p 147 s 727 ; 1869 p 166 s 664 ; RRS s 972.]
Administrator w... |
11.48.200 | Arrest and attachment, when, authorized. | In an action against a personal representative as such, the remedies of arrest and attachment shall not be allowed on account of the acts of his or her testator or intestate, but for his or her own acts as such personal representative, such remedies shall be allowed for the same causes in the manner and with like effec... |
11.48.210 | Compensation—Attorney's fees. | If testator by will makes provision for the compensation of his or her personal representative, that shall be taken as his or her full compensation unless he or she files in the court a written instrument renouncing all claim for the compensation provided by the will before qualifying as personal representative. The pe... |
11.54.001 | Purpose—Applicability. | (1) The purposes of this chapter are: (a) To clarify the exemptions from attachment, execution, and forced sale that apply after a decedent's death; (b) To establish a procedure for allocating the exempt property among claimants; and (c) To establish a procedure by which the decedent's surviving spouse, surviving regis... |
11.54.005 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Child" and "children," when used with reference to a decedent, means all persons who have a parent-child relationship, as defined in RCW 26.26A.100 , as a child with the decedent, regardless of a person's a... |
11.54.008 | Property of decedent exempt from legal process remains exempt—Additional designated property. | (1) Any homestead or other property exempt from attachment, execution, and forced sale under Title 6 RCW immediately before a decedent's death remains exempt from attachment, execution, and forced sale for the debts of the decedent and the debts of the community composed of the decedent and the decedent's spouse or reg... |
11.54.010 | Award to surviving spouse, domestic partner, or children—Petition. | (1) Any one or more of a decedent's surviving spouse, surviving registered domestic partner, and dependent children may commence a judicial proceeding under chapter 11.96A RCW for an award from the decedent's separate property and from the community property of the decedent and the decedent's spouse or registered domes... |
11.54.015 | Conditions to award. | (1) The court may not make an award to a claimant under this chapter until the expenses of administration, funeral expenses, expenses of last sickness, and wages due for labor performed within 60 days immediately preceding the decedent's death have been paid or provided for. (2) The court may not make an award to or fo... |
11.54.020 | Amount of basic award. | (1) The amount of the basic award shall be the greater of the following: (a) The value, as of the date of the decedent's death, of the decedent's property, or if the decedent is married or has a registered domestic partner, the value of the community property of the decedent and the decedent's spouse or registered dome... |
11.54.040 | Increase in amount of award for support during pendency of proceedings—Factors for consideration. | (1) If a claimant demonstrates to the satisfaction of the court that a claimant's present and reasonably anticipated future needs with respect to basic maintenance and support during the pendency of any proceedings under this title relating to the decedent's probate or nonprobate assets will not be provided from other ... |
11.54.050 | Decrease in amount of award—Factors for consideration. | The court may decrease the amount of the award below the amount provided in RCW 11.54.020 (1) in the exercise of its discretion if: (1) The recipient is entitled to receive probate or nonprobate property, including insurance, by reason of the death of the decedent. In such a case the award may not be decreased by more ... |
11.54.055 | Factors to be considered by court. | In exercising the discretion granted to the court under this chapter, the court shall consider without limitation: (1) The exemptions from attachment, execution, or forced sale under Title 6 RCW and other applicable laws; (2) Whether or not any separate property of the decedent's surviving spouse or surviving domestic ... |
11.54.060 | Certain claims exempted. | Notwithstanding any other provision of this chapter: (1) None of the decedent's separate property and none of the property of the community composed of the decedent and the decedent's spouse or registered domestic partner is exempt from the duty to pay the costs of administration, funeral expenses, expenses of the last... |
11.54.071 | Abatement. | The decedent's separate property and the property of the community composed of the decedent and the decedent's spouse or registered domestic partner abates for awards of family allowance under this chapter in accordance with chapter 11.10 RCW; provided however, that gifts containing a homestead or other nonfungible pro... |
11.54.090 | Venue for petition—Petition and hearing requirements—Notice of hearing. | The petition for an award, for an increased or modified award, or for the exemption of assets from the claims of creditors as authorized by this chapter must be made to the court of the county in which the probate is being administered. If probate proceedings have not been commenced in the state of Washington, the peti... |
11.54.100 | Exhaustion of estate—Closure of estate—Discharge of personal representative. | If an award provided by this chapter will exhaust the estate, and probate proceedings have been commenced in the state of Washington, the court in the order of award or allowance shall order the estate closed, discharge the personal representative, and exonerate the personal representative's bond, if any.
[ 1997 c 252 ... |
11.56.005 | Authority to exchange. | Whenever it shall appear upon the petition of the personal representative or of any person interested in the estate to be to the best interests of the estate to exchange any real or personal property of the estate for other property, the court may authorize the exchange upon such terms and conditions as it may prescrib... |
11.56.010 | Authority to sell, lease or mortgage. | The court may order real or personal property sold, leased or mortgaged for the purposes hereinafter mentioned but no sale, lease or mortgage of any property of an estate shall be made except under an order of the court, unless otherwise provided by law.
[ 1965 c 145 s 11.56.010 . Prior: 1917 c 156 s 122 ; RRS s 1492; ... |
11.56.020 | Sale, lease or mortgage of personal property. | The court may at any time order any personal property, including for purposes of this section a vendor's interest in a contract for the sale of real estate, of the estate sold for the preservation of such property or for the payment of the debts of the estate or the expenses of administration or for the purpose of disc... |
11.56.030 | Sale, lease or mortgage of real estate—Petition—Notice—Hearing. | Whenever it shall appear to the satisfaction of the court that any portion or all of the real property should be sold, mortgaged or leased for the purpose of raising money to pay the debts and obligations of the estate, and the expenses of administration, estate taxes, or for the support of the family, to make distribu... |
11.56.040 | Order directing mortgage. | If the court should determine that it is necessary or proper, for any of the said purposes, to mortgage any or all of said property, it may make an order directing the personal representative to mortgage such thereof as it may determine upon, and such order shall contain the terms and conditions of such transaction and... |
11.56.045 | Order directing lease. | If the court should determine that it is necessary or proper, for any of the said purposes to lease any or all of said property, it may make an order directing the personal representative to lease such thereof as it may determine upon, and such order shall contain the terms and conditions of such transaction and author... |
11.56.050 | Order directing sale. | If the court should determine that it is necessary to sell any or all of the real estate for the purposes mentioned in this title, then it may make and cause to be entered an order directing the personal representative to sell so much of the real estate as the court may determine necessary for the purposes aforesaid. S... |
11.56.060 | Public sales—Notice. | When real property is directed to be sold by public sale, notice of the time and place of such sale shall be published in a legal newspaper of the county in which the estate is being administered, once each week for three successive weeks before such sale, in which notices the property ordered sold shall be described w... |
11.56.070 | Postponement, adjournment of sale—Notice. | The personal representative, should he or she deem it for the best interests of all concerned, may postpone such sale to a time fixed but not to exceed twenty days, and such postponement shall be made by proclamation of the personal representative at the time and place first appointed for the sale; if there be an adjou... |
11.56.080 | Private sales of realty—Notice—Bids. | When a sale of real property is ordered to be made at private sale, notice of the same must be published in a legal newspaper of the county in which the estate is being administered, once a week for at least two successive weeks before the day on or after which the sale is to be made, in which the lands and tenements t... |
11.56.090 | Minimum price—Private sale—Sale by negotiation—Reappraisement. | No sale of real estate at private sale or sale by negotiation shall be confirmed by the court unless the gross sum offered is at least ninety percent of the appraised value thereof, nor unless such real estate shall have been appraised within one year immediately prior to such sale. If it has not been so appraised, or ... |
11.56.100 | Confirmation of sale—Approval—Resale. | The personal representative making any sale of real estate, either at public or private sale, or sale by negotiation shall within ten days after making such sale file with the clerk of the court his or her return of such sale, the same being duly verified. In the case of a sale by negotiation the personal representativ... |
11.56.110 | Offer of increased bid—Duty of court. | If, at any time before confirmation of any such sale, any person shall file with the clerk of the court a bid on such property in an amount not less than ten percent higher than the bid the acceptance of which was reported by the return of sale and shall deposit with the clerk not less than twenty percent of his or her... |
11.56.115 | Effect of confirmation. | No petition or allegation thereof for the sale of real estate shall be considered jurisdictional, and confirmation by the court of any sale shall be absolutely conclusive as to the regularity of all proceedings leading up to and including such sale, and no instrument of conveyance of real estate made after confirmation... |
11.56.120 | Conveyance after confirmation of sale. | Upon the confirmation of any such sale the court shall direct the personal representative to make, execute and deliver instruments conveying the title to the person to whom such property may be sold, and such instruments of conveyance shall be deemed to convey all the estate, rights and interests of the testator or int... |
11.56.180 | Sale of decedent's contract interest in land. | If the deceased person at the time of his or her death was possessed of a contract for the purchase of lands, his or her interest in such lands under such contract may be sold on the application of his or her personal representative in the same manner as if he or she died seized of such lands; and the same proceedings ... |
11.56.210 | Assignment of decedent's contract. | Upon the confirmation of such sale, the personal representative shall execute to the purchaser an assignment of the contract and deed, which shall vest in the purchaser, his or her heirs and assigns, all the right, title, and interest of the persons entitled to the interest of the deceased in the land sold at the time ... |
11.56.220 | Redemption of decedent's mortgaged estate. | If any person die having mortgaged any real or personal estate, and shall not have devised the same, or provided for any redemption thereof by will, the court, upon the application of any person interested, may order the personal representative to redeem the estate out of the assets, if it should appear to the satisfac... |
11.56.230 | Sale or mortgage to effect redemption. | If it shall be made to appear to the satisfaction of the court that it will be to the interest of the estate of any deceased person to sell or mortgage other personal estate or to sell or mortgage other real estate of the decedent than that mortgaged by him or her to redeem the property so mortgaged, the court may orde... |
11.56.240 | Sale of mortgaged property if redemption inexpedient. | If such redemption be not deemed expedient, the court shall order such property to be sold at public or private sale, which sale shall be with the same notice and conducted in the same manner as required in other cases of real estate or personal property provided for in this title, and shall be sold subject to such mor... |
11.56.250 | Sales directed by will. | When property is directed by will to be sold, or authority is given in the will to sell property, the executor may sell any property of the estate without the order of the court, and without any notice, and it shall not be necessary under such circumstances to make any application to the court with reference to such sa... |
11.56.265 | Broker's fee and closing expenses—Sale, mortgage or lease. | In connection with the sale, mortgage or lease of property, the court may authorize the personal representative to pay, out of the proceeds realized therefrom or out of the estate, the customary and reasonable auctioneer's and broker's fees and any necessary expenses for abstracting, title insurance, survey, revenue st... |
11.56.280 | Borrowing on general credit of estate—Petition—Notice—Hearing. | Whenever it shall appear to the satisfaction of the court that money is needed to pay debts of the estate, expenses of administration, or estate taxes, the court may by order authorize the personal representative to borrow such money, on the general credit of the estate, as appears to the court necessary for the purpos... |
11.60.010 | Order for performance on application of personal representative. | If any person, who is bound by contract, in writing, shall die before performing said contract, the superior court of the county in which the estate is being administered, may upon application of the personal representative, without notice, make an order authorizing and directing the personal representative to perform ... |
11.60.020 | Petition, notice, and hearing when personal representative fails to make application. | If the personal representative fails to make such application, then any person claiming to be entitled to such performance under such contract, may present a petition setting forth the facts upon which such claim is predicated. Notice of hearing shall be in accordance with the provisions of *RCW 11.16.081 .
[ 1965 c 14... |
11.60.030 | Hearing. | At the time appointed for such hearing, or at such other time as the same may be adjourned to, upon proof of service of the notice as provided in *RCW 11.16.081 , the court shall proceed to a hearing and determine the matter.
[ 1965 c 145 s 11.60.030 . Prior: 1917 c 156 s 190 ; RRS s 1560; prior: 1891 c 155 s 42 ; Code... |
11.60.040 | Conveyance of real property—Effect. | In the case of real property, a conveyance executed under the provisions of this title shall so refer to the order authorizing the conveyance that the same may be readily found, but need not recite the record in the case generally, and the conveyance made in pursuance of such order shall pass to the grantee all the est... |
11.60.060 | Procedure on death of person entitled to performance. | If the person entitled to performance shall die before the commencement of the proceedings according to the provisions of this title or before the completion of performance, any person who would have been entitled to the performance under him or her, as heir, devisee, or otherwise, in case the performance had been made... |
11.62.005 | Definitions. | As used in this chapter, the following terms shall have the meanings indicated. (1) "Personal property" shall include any tangible personal property, any instrument evidencing a debt, obligation, stock, chose in action, license or ownership, any debt or any other intangible property. (2)(a) "Successor" and "successors"... |
11.62.010 | Disposition of personal property, debts by affidavit, proof of death—Contents of affidavit—Procedure—Securities. | (1) At any time after forty days from the date of a decedent's death, any person who is indebted to or who has possession of any personal property belonging to the decedent or to the decedent and his or her surviving spouse or surviving domestic partner as a community, which debt or personal property is an asset which ... |
11.62.020 | Effect of affidavit and proof of death—Discharge and release of transferor—Refusal to pay or deliver—Procedure—False affidavit—Conflicting affidavits—Accountability. | The person paying, delivering, transferring, or issuing personal property pursuant to RCW 11.62.010 is discharged and released to the same extent as if such person has dealt with a personal representative of the decedent, unless at the time of such payment, delivery, transfer, or issuance, such person had actual knowle... |
11.62.030 | Payment to surviving spouse or surviving domestic partner of moneys on deposit of deceased credit union member—Limitation—Affidavit—Accounting to personal representative. | On the death of any member of any credit union organized under chapter 31.12 RCW or federal law, such credit union may pay to the surviving spouse or surviving domestic partner the moneys of such member on deposit to the credit of said deceased member, including moneys deposited as shares in said credit union, in cases... |
11.64.002 | Inventory—Appraisement. | Within three months after receiving written request from the personal representative the surviving partner or partners of the partnership shall furnish the personal representative with a verified inventory of the assets of the partnership. The inventory shall state the value of the assets as shown by the books of the p... |
11.64.008 | Surviving partner may continue in possession. | The surviving partner or partners may continue in possession of the partnership estate, pay its debts, and settle its business, and shall account to the personal representative of the decedent and shall pay over such balances as may, from time to time, be payable to him or her.
[ 2010 c 8 s 2054 ; 1977 ex.s. c 234 s 14... |
11.64.016 | Security may be required. | If the surviving partner or partners commit waste, or if it appears to the court that it is for the best interest of the estate of the decedent, such court may, after a hearing, order the surviving partner or partners to give security for the faithful settlement of the partnership affairs and the payment to the persona... |
11.64.022 | Failure to furnish inventory, list liabilities, permit appraisal, etc.—Show cause—Contempt of court—Receiver. | If the surviving partner or partners fail or refuse to furnish an inventory or list of liabilities, to permit an appraisal, or to account to the personal representative, or to furnish a bond when required pursuant to RCW 11.64.016 , the court shall order a citation to issue requiring the surviving partner or partners t... |
11.64.030 | Surviving partner or partners may purchase deceased's interest—Valuation—Conditions of sale—Protection against partnership liabilities. | The surviving partner or the surviving partners jointly, shall have the right at any time to petition the court to purchase the interests of a deceased partner in the partnership. Upon a hearing pursuant to such petition the court shall, in such manner as it sees fit, determine and by order fix the value of the interes... |
11.64.040 | Surviving partner may operate under agreement with estate—Termination. | The court may, in instances where it is deemed advisable, authorize and direct the personal representative of the estate of a deceased partner to enter into an agreement with the surviving partner or partners under which the surviving partner or partners may continue to operate any going business of the former partners... |
11.66.010 | Social security benefits—Payment to survivors or department of social and health services—Effect. | (1) If not less than thirty days after the death of an individual entitled at the time of death to a monthly benefit or benefits under Title II of the social security act, all or part of the amount of such benefit or benefits, not in excess of one thousand dollars, is paid by the United States to (a) the surviving spou... |
11.66.900 | 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... |
11.68.011 | Settlement without court intervention—Petition—Conditions—Exceptions. | (1) A personal representative may petition the court for nonintervention powers, whether the decedent died testate or intestate. (2) Unless the decedent has specified in the decedent's will, if any, that the court not grant nonintervention powers to the personal representative, the court shall grant nonintervention pow... |
11.68.021 | Hearing on petition for nonintervention powers. | A hearing on a petition for nonintervention powers may be held at the time of the appointment of the personal representative or at any later time.
[ 1997 c 252 s 60 .]
Application — 1997 c 252 ss 1-73: See note following RCW 11.02.005 . |
11.68.041 | Petition for nonintervention powers—Notice requirements—Exceptions. | (1) Advance notice of the hearing on a petition for nonintervention powers referred to in RCW 11.68.011 is not required in those circumstances in which the court is required to grant nonintervention powers under RCW 11.68.011 (2) (a) and (b). (2) In all other cases, if the petitioner wishes to obtain nonintervention po... |
11.68.050 | Objections to granting of nonintervention powers—Restrictions. | (1) If at the time set for the hearing upon a petition for nonintervention powers, any person entitled to notice of the hearing on the petition under RCW 11.68.041 shall appear and object to the granting of nonintervention powers to the personal representative of the estate, the court shall consider the objections, if ... |
11.68.060 | Death, resignation, or disablement of personal representative—Successor to administer nonintervention powers—Petition. | If any personal representative of the estate of the decedent dies, resigns, or otherwise becomes disabled from any cause from acting as the nonintervention personal representative, the successor personal representative, or a person who has petitioned to be appointed as a successor personal representative, may petition ... |
11.68.065 | Report of affairs of estate—Petition by beneficiary—Filing—Notice—Hearing—Other accounting and information. | A beneficiary who has not acknowledged in writing that his, her, or its interest in an estate has been fully paid or distributed may petition the court for an order directing the personal representative to deliver a report of the affairs of the estate signed and verified by the personal representative. The petition may... |
11.68.070 | Procedure when personal representative recreant to trust or subject to removal. | (1)(a) A party, as defined in RCW 11.96A.030 , may petition the court under chapter 11.96A RCW for a determination that a personal representative: (i) Has breached a fiduciary duty; (ii) Has exceeded the personal representative's authority; (iii) Has abused the personal representative's discretion in exercising a power... |
11.68.080 | Vacation or restriction of nonintervention powers following insolvency—Notice—Determinations affecting prior grants of nonintervention powers upon petition—Endorsement on prior orders. | (1) Within ten days after the personal representative has received from alleged creditors under chapter 11.40 RCW claims that have an aggregate face value that, when added to the other debts and to the taxes and expenses of greater priority under applicable law, would appear to cause the estate to be insolvent, the per... |
11.68.085 | Nonintervention powers—Generally. | A personal representative with nonintervention powers may administer and settle the estate without supervision or intervention by the court except as otherwise provided in this chapter.
[ 2021 c 140 s 4006 .]
Application — 2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130 . |
11.68.090 | Nonintervention powers—Powers, duties, restrictions, and liabilities—Effect of will provisions. | (1) Except as otherwise provided in this chapter, a personal representative with nonintervention powers has: (a) All powers that are granted by common law or statute to a personal representative without nonintervention powers or that a court supervising the settlement and administration of a decedent's estate may grant... |
11.68.095 | Co-personal representatives—Powers. | Except as otherwise provided by the probated will or by order of a court, all of the provisions of RCW 11.98.016 regarding the exercise of powers by co-trustees of a trust shall apply to the co-personal representatives of an estate in which the co-personal representatives have been granted nonintervention powers, as if... |
11.68.100 | Closing of estate—Alternative decrees—Notice—Hearing—Fees. | (1) When the estate is ready to be closed, the court, upon application by the personal representative who has nonintervention powers, shall make and cause to be entered a decree that either: (a) Finds and adjudges that all approved claims against the decedent have been paid, finds and adjudges the heirs of the decedent... |
11.68.110 | Declaration of completion of probate—Contents—Notice—Discharge of personal representative—Waiver of notice. | (1) If a personal representative who has acquired nonintervention powers does not apply to the court for either of the final decrees provided for in RCW 11.68.100 as now or hereafter amended, the personal representative shall, when the administration of the estate has been completed, file a declaration that must state ... |
11.68.112 | Final distribution upon declaration and notice of filing of declaration of completion of probate—Special powers of personal representative—Discharge from liability. | If the declaration of completion of probate and the notice of filing of declaration of completion of probate state that the personal representative intends to make final distribution within five business days after the final date on which a party as defined in RCW 11.96A.030 entitled to notice under RCW 11.68.110 could... |
11.68.114 | Declaration of completion of probate—Special powers of personal representative to hold reserve and deal with taxing authorities—Notice of filing of declaration—Discharge from liability. | (1) The personal representative retains the powers to: Deal with the taxing authority of any federal, state, or local government; hold a reserve in an amount not to exceed three thousand dollars, for the determination and payment of any additional taxes, interest, and penalties, and of all reasonable expenses related d... |
11.68.120 | Nonintervention powers not deemed waived by obtaining order or decree. | A personal representative who has acquired nonintervention powers in accordance with this chapter may present a matter, as defined in RCW 11.96A.030 , to the court for resolution or for instructions under chapter 11.96A RCW at any time. A personal representative shall not be deemed to have waived the personal represent... |
11.68.130 | Power to construe and interpret will. | (1) A personal representative with nonintervention powers has the power to construe and interpret the terms of a probated will, except as the probated will or an order of the court may otherwise direct. (2) Unless otherwise provided in the probated will: (a) A party, as defined in RCW 11.96A.030 , may either petition t... |
11.68.140 | Party to transactions—Presumption of necessity. | A party to a transaction with a personal representative with nonintervention powers and the party's successors in interest are entitled to have it conclusively presumed that the transaction is necessary for the administration of the decedent's estate.
[ 2021 c 140 s 4012 .]
Application — 2021 c 140 ss 4003-4017, 4023, ... |
11.68.900 | 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... |
11.72.002 | Delivery of specific property to distributee before final decree. | Upon application of the personal representative, with or without notice as the court may direct, the court may order the personal representative to deliver to any distributee who consents to it, possession of any specific real or personal property to which he or she is entitled under the terms of the will or by intesta... |
11.72.006 | Decree of partial distribution—Distribution of part of estate. | After the expiration of the time limited for the filing of claims and before final settlement of the accounts of the personal representative, a partial distribution may be decreed, with notice to interested persons, as the court may direct. Such distribution shall be as conclusive as a decree of final distribution with... |
11.76.010 | Report of personal representative—Contents—Interim reports. | Not less frequently than annually from the date of qualification, unless a final report has theretofore been rendered, the personal representative shall make, verify by his or her oath, and file with the clerk of the court a report of the affairs of the estate. Such report shall contain a statement of the claims filed ... |
11.76.020 | Notice of hearing—Settlement of report. | It shall not be necessary for the personal representative to give any notice of the hearing of any report prior to the final report, except as in RCW 11.28.240 provided, but the court may require notice of the hearing of any such report.
[ 1965 c 145 s 11.76.020 . Prior: 1917 c 156 s 160 ; RRS s 1530.] |
11.76.030 | Final report and petition for distribution—Contents. | When the estate shall be ready to be closed, such personal representative shall make, verify, and file with the court his or her final report and petition for distribution. Such final report and petition shall, among other things, show that the estate is ready to be settled and shall show any moneys collected since the... |
11.76.040 | Time and place of hearing—Notice. | When such final report and petition for distribution, or either, has been filed, the court, or the clerk of the court, shall fix a day for hearing it which must be at least twenty days subsequent to the day of the publication as hereinafter provided. Notice of the time and place fixed for the hearing shall be given by ... |
11.76.050 | Hearing on final report—Decree of distribution. | Upon the date fixed for the hearing of such final report and petition for distribution, or either thereof, or any day to which such hearing may have been adjourned by the court, if the court be satisfied that the notice of the time and place of hearing has been given as provided herein, it may proceed to the hearing af... |
11.76.060 | Continuance to cite in sureties on bond when account incorrect. | If, at any hearing upon any report of any personal representative, it shall appear to the court before which said proceeding is pending that said personal representative has not fully accounted to the beneficiaries of his or her trust and that said report should not be approved as rendered, the court may continue said ... |
11.76.070 | Attorney's fees to contestant of erroneous account or report. | If, in any probate or guardianship proceeding, any personal representative shall fail or neglect to report to the court concerning his or her trust and any beneficiary or other interested party shall be reasonably required to employ legal counsel to institute legal proceedings to compel an accounting, or if an erroneou... |
11.76.080 | Representation of incapacitated person by guardian ad litem—Exception. | If there be any alleged incapacitated person interested in the estate who has no legally appointed conservator or limited conservator under RCW 11.130.360 , the court: (1) At any stage of the proceeding in its discretion and for such purpose or purposes as it shall indicate, may appoint; and (2) For hearings held under... |
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