RCW 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 possession of […]
RCW 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 […]
RCW 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 […]
RCW 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 notice that: (A) Complies with RCW […]
RCW 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 […]
RCW 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, […]
RCW 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 […]
RCW 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 […]
RCW 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 […]
RCW 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, […]
RCW 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: […]
RCW 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 […]
RCW 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 […]
RCW 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, in form and with security […]
RCW 11.11.900 Short title. This chapter may be known and cited as the testamentary disposition of nonprobate assets act. [ 1998 c 292 § 101.]
RCW 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 […]
RCW 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 […]
