(1) 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 oath of the applicant or his or her attorney, and filed with the court, which petition shall set forth the:

(a) The facts essential to giving the court jurisdiction of the case, and state, if known, the;

(b) That the deceased died without a will, and the basis of the applicant's knowledge of such;

(c) The names, ages, and addresses of the heirs of the deceased and that the deceased died without a will the details of the applicant's reasonable search for such heirs;

(d) A general description of the major probate assets of the estate, including real property, motor vehicles, and any known property or interest estimated in good faith to exceed $10,000 in value, and the details of the applicant's reasonable search to identify such assets; and

(e) For application for letters of administration, that the applicant is entitled to administer the estate under RCW 11.28.120 and is not disqualified under RCW 11.36.010.

(2) Except to the extent necessary to determine bond, the specific value, location, provenance, and condition of each major probate asset need not be described in the petition.

(3) If the applicant is a person entitled to letters under RCW 11.28.120(1) (a) or (b), the petition need not describe the major probate assets of the estate, but shall still set forth the applicant's reasonable search to identify such assets.

(4) If the application for an adjudication of intestacy and heirship does not request the appointment of a personal representative and the court enters an adjudication of intestacy no further administration shall be required except as set forth in RCW 11.28.330 or 11.28.340.

(1) 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) (a) The surviving spouse or state registered domestic partner, or such person as he or she may request to have appointed.

(2) (b) The next of kin in the following order: (a) (i) Child or children; (b) (ii) father or mother; (c) (iii) brothers or sisters; (d) (iv) grandchildren; (e) (v) nephews or nieces.

(3);

(c) The trustee named by the decedent in an inter vivos trust instrument, testamentary trustee named in the will, guardian of the decedent, conservator of the decedent, or an agent named in a durable power of attorney appointed by the decedent, if any such a fiduciary controlled or potentially controlled substantially all of the decedent's probate and nonprobate assets.

(4);

(d) One or more of the beneficiaries or transferees of the decedent's probate or nonprobate assets.

(5)(a);

(e)(i) The director of revenue, or the director's designee, for those estates having property subject to the provisions of chapter 11.08 RCW;, however, the director may waive this right.

(b);

(ii) The secretary of the department of social and health services for those estates owing debts for long-term care home and community-based services as defined in RCW 74.39A.008; 74.39A.009, however, the secretary may waive this right.

(6); and

(f) One or more of the principal creditors.

(7) (2) If the persons so entitled as set forth in this section shall fail for more than forty 60 days after the death of the decedent to present a petition for letters of administration, or if it appears to the satisfaction of the court that there is no next of kin, as above specified eligible to appointment, or they waive their right, and there are no principal creditor or creditors, or such creditor or creditors waive their right, then the court may appoint a contract service provider with the office of public guardianship and conservatorship under chapter 2.72 RCW or any suitable person a guardian ad litem to administer such estate.

(3) If the persons entitled as set forth in this section shall fail for more than 90 days after the death of the decedent to present a petition for letters of administration, then the court may appoint any suitable person to administer such estate. Such person shall receive only such compensation in connection with administration of the estate as is provided under RCW 11.48.210, and shall not purchase, acquire, or receive proceeds from the sale of estate assets except as provided under RCW 11.48.020. Unless such person is an entity described under RCW 11.36.010 (2) or (3), such person (a) shall be ineligible to receive nonintervention powers, and (b) shall be limited to two petitions for appointment under this subsection per year.

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 the entire estate, after provision for expenses and claims of creditors, will be distributable to such spouse or surviving domestic partner, then such personal representative shall not be required to give bond or other security as a condition of appointment. In all cases where a bank or trust company authorized to act as personal representative is appointed as personal representative, no bond shall be required. In all cases where a personal representative is appointed under RCW 11.28.120(3) and is not an entity described under RCW 11.36.010 (2) or (3), bond shall be required in an amount commensurate with the major probate assets identified under RCW 11.28.110(1)(d). In all other cases, unless waived by the court, the personal representative shall give such bond or other security, in such amount and with such surety or sureties, as the court may direct.

Every person required to furnish bond must, before receiving letters testamentary or of administration, execute a bond to the state of Washington conditioned that the personal representative shall faithfully execute the duty of the trust according to law.

The court may at any time after appointment of the personal representative require said personal representative to give a bond or additional bond, the same to be conditioned and to be approved as provided in this section; or the court may allow a reduction of the bond upon a proper showing.

In lieu of bond, the court may in its discretion, substitute other security or financial arrangements, such as provided under RCW 11.130.445, or as the court may deem adequate to protect the assets of the estate.

(1) Within twenty 20 days after appointment, the personal representative of the estate of a decedent, or an attorney performing services for the estate at the instance of the personal representative, 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 nonprobate asset of the decedent whose names and addresses are reasonably known to him or her, and proof of such mailing or service shall be made by affidavit or declaration and filed in the cause. If a trust is a legatee or devisee of the estate or a beneficiary or transferee of a nonprobate asset of the decedent, then notice to the trustee is sufficient.

(2) If the personal representative does not otherwise give notice to creditors under chapter 11.40 RCW within thirty 30 days after appointment, the personal representative shall cause written notice of his or her appointment and the pendency of the probate proceedings to be mailed to the state of Washington department of social and health services' office of financial recovery, and proof of the mailing shall be made by affidavit or declaration and filed in the cause.

(1) Except as provided in subsections (2), (3), and (4) of this section, the The following persons are not qualified to act as personal representatives:

(a) Corporations, limited liability companies, and limited liability partnerships, minors, persons except as provided in subsections (2) through (4) of this section;

(b) Minors;

(c) Persons of unsound mind, or persons;

(d) Persons who have had letters testamentary or of administration revoked for cause under RCW 11.28.250 within the last 24 months;

(e) Persons who have been found by a court or administrative agency within the last 36 months of engaging in acts of dishonesty, theft, or breach of fiduciary duty;

(f) Persons who have been convicted of (a) any felony or (b) any crime involving moral turpitude; and

(g) Persons seeking appointment under RCW 11.28.120(3) who are a principal or agent of, or acting at the behest of or in concert with, any person or entity likely to be involved in the sale, purchase, repair, or transfer of a major probate asset.

(2) Trust companies regularly organized under the laws of this state and national banks when authorized so to do may act as the personal representative of an individual's estate or of the estate of an incapacitated person upon petition of any person having a right to such appointment and may act as personal representatives or guardians when so appointed by will. No trust company or national bank may qualify as such personal representative or guardian under any will hereafter drawn by it or its agents or employees, and no salaried attorney of any such company may be allowed any attorney fee for probating any such will or in relation to the administration or settlement of any such estate, and no part of any attorney fee may inure, directly or indirectly, to the benefit of any trust company or national bank.

(3) Professional service corporations, professional limited liability companies, or limited liability partnerships, that are duly organized under the laws of this state and whose shareholders, members, or partners, respectively, are exclusively attorneys, may act as personal representatives.

(4) Any nonprofit corporation may act as personal representative if the articles of incorporation or bylaws of that corporation permit the action and the corporation is in compliance with all applicable provisions of Title 24 RCW.

(5) When any person to whom letters testamentary or of administration have been issued becomes disqualified to act because of becoming of unsound mind or being convicted of (a) any felony or (b) any crime involving moral turpitude receiving an adverse adjudication described in subsection (1) of this section, the court having jurisdiction must revoke his or her letters. When it appears to the satisfaction of the court, upon motion of the court or any interested person, that a person to whom letters of administration were issued under RCW 11.28.120(3) is acting as a principal or agent of a person or entity involved in the sale, purchase, repair, or transfer of a major probate asset, whether such asset was identified under RCW 11.28.110(1)(d) or identified subsequently, the court having jurisdiction must revoke his or her letters and may impose sanctions against him or her.

(6) A nonresident may be appointed to act as personal representative if the nonresident appoints an agent who is a resident of the county where such estate is being probated or who is an attorney of record of the estate, upon whom service of all papers may be made; such appointment to be made in writing and filed by the clerk with other papers of such estate; and, unless bond has been waived as provided by RCW 11.28.185, such nonresident personal representative must file a bond to be approved by the court.

(1) Every personal representative shall, after having qualified or been appointed, 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 order of the court, to the heirs or devisees, and shall keep in tenantable repair all houses, buildings and fixtures thereon, which are under his or her control.

(2) Unless approved by the court, a personal representative appointed under RCW 11.28.120(3) may not: (a) Purchase or acquire for his or her own account or personal interest any estate asset; or (b) receive for his or her own account or personal interest any proceeds from the sale of an estate asset. Such personal representative requesting approval to purchase or acquire such asset or receive such proceeds shall petition the court and provide 14 days' notice of the hearing to the heirs, legatees, devisees, beneficiaries, and transferees of the estate. The petition shall be denied unless the personal representative establishes clearly and convincingly that the requested purchase, acquisition, or receipt is consistent with the personal representative's duty of loyalty and all applicable laws, and would not be voidable by any heir, legatee, devisee, beneficiary, or transferee of the estate. Such personal representative who violates or attempts to violate (a) or (b) of this subsection may be sanctioned by the court up to three times the value of the relevant asset or proceeds, in addition to any other sanction or remedy.

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 personal representative, when no compensation is provided in the will, or when he or she renounces all claim to the compensation provided in the will, or when he or she administers an intestate estate, shall be allowed such compensation for his or her services as the court shall deem just and reasonable. Additional compensation may be allowed for his or her services as attorney and for other services not required of a personal representative. An attorney performing services for the estate at the instance of the personal representative shall have such compensation therefore out of the estate as the court shall deem just and reasonable. Such compensation may be allowed at the final account; but at any time during administration a personal representative or his or her attorney may apply to the court for an allowance upon the compensation of the personal representative and upon attorney's fees. A personal representative appointed under RCW 11.28.120(3) shall receive no compensation in connection with administration of the estate from any person or entity other than the estate unless allowed by the court. If the court finds that the personal representative has failed to discharge his or her duties as such in any respect, it may deny him or her any compensation whatsoever or may reduce the compensation which would otherwise be allowed.

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 distribution, or for such other purposes as the court may deem right and proper, the court may order the sale, lease or mortgage of such portion of the property as appears to the court necessary for the purpose aforesaid. It shall be the duty of the personal representative to present a petition to the court giving a description of all the property of the estate and its character, the amount of the debts, expenses and obligations of the estate and such other things as will tend to assist the court in determining the necessity for the sale, lease or mortgage and the amount thereof. Unless the court shall by order expressly so provide, no notice of the hearing of such petition for sale, lease or mortgage need be given, except as provided in RCW 11.28.240 and 11.48.020 hereof; if, however, the court should order notice of such hearing, it shall determine upon the kind, character and time thereof. At the hearing of such petition the court may have brought before it such testimony or information as it may see fit to receive, for the purpose of determining whether it should order any of the property of the estate sold, leased or mortgaged. The absence of any allegation in the petition shall not deprive the court of jurisdiction to order said sale, lease or mortgage, and the court may, if it see fit, order such sale, lease or mortgage without any petition having been previously presented.

(1) A personal representative may petition the court for nonintervention powers, whether the decedent died testate or intestate. However, a personal representative who is appointed under RCW 11.28.120(3) and who is not an entity described under RCW 11.36.010 (2) or (3) may not petition the court for nonintervention powers and may not be granted nonintervention powers.

(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 powers to a personal representative who petitions for the powers if the court determines that the decedent's estate is solvent, taking into account probate and nonprobate assets, and that:

(a) The petitioning personal representative was named in the decedent's probated will as the personal representative;

(b) The decedent died intestate, the petitioning personal representative is the decedent's surviving spouse or surviving domestic partner, the decedent's estate is composed of community property only, and the decedent had no issue: (i) Who is living or in gestation on the date of the petition; (ii) whose identity is reasonably ascertainable on the date of the petition; and (iii) who is not also the issue of the petitioning spouse or petitioning domestic partner; or

(c) The personal representative was not a creditor of the decedent at the time of the decedent's death and the administration and settlement of the decedent's will or estate with nonintervention powers would be in the best interests of the decedent's beneficiaries and creditors. However, the administration and settlement of the decedent's will or estate with nonintervention powers will be presumed to be in the beneficiaries' and creditors' best interest until a person entitled to notice under RCW 11.68.041 rebuts that presumption by coming forward with evidence that the grant of nonintervention powers would not be in the beneficiaries' or creditors' best interests.

(3) The court may base its findings of facts necessary for the grant of nonintervention powers on: (a) Statements of witnesses appearing before the court; (b) representations contained in a verified petition for nonintervention powers, in an inventory made and returned upon oath into the court, or in an affidavit filed with the court; or (c) other proof submitted to the court.

(1) Not later than 30 days after the date of appointment, the personal representative shall make, verify by his or her oath, and file with the clerk of the court a report confirming notice to third parties. The report shall contain the names and addresses of each heir, legatee, devisee, beneficiary, and transferee to which the personal representative provided notice of their appointment and pendency of the probate in accordance with RCW 11.28.237, the details of the personal representative's search to identify such persons, and the date and manner in which notice was provided. The personal representative's report confirming notice to third parties shall be substantially in the following form:

I, . . . ., Personal Representative of the above-captioned estate, submit this declaration and report confirming that notice of my appointment and the pendency of this probate has been provided to all reasonably known heirs, legatees, devisees, beneficiaries, and transferees of this estate.

DECLARATION OF . . . .

I, . . . ., being over the age of 18 years, make the following declaration of my own personal knowledge and under penalty of perjury under the laws of the State of Washington.

1. I am the Personal Representative of the above-captioned estate.

2. I understand I have a duty to provide notice of my appointment, and notice of the pendency of this probate, to all reasonably known heirs, legatees, devisees, beneficiaries, and transferees of this estate.

3. In order to identify all heirs, legatees, devisees, beneficiaries, and transferees of this estate, I performed the following actions:

a. . . . .

b. . . . .

c. . . . .

4. As a result of the above actions, I identified the following persons, who represent all known heirs, legatees, devisees, beneficiaries, and transferees of this estate [include name, relationship to decedent, and address]:

a. . . . .

b. . . . .

c. . . . .

5. I provided notice of my appointment and the pendency of this probate to each of the above persons as follows [include date notice was provided, manner in which notice was provided, and any acknowledgment of notice received]:

a. . . . .

b. . . . .

c. . . . .

6. [If applicable, additional relevant information and affidavits regarding notice to third parties].

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

SIGNED on [date] at [city, state]

_____________________

[Signature and name]

(2) Not later than 30 days after opening any financial account to collect and pay out sums on behalf of the estate, the personal representative shall make, verify by his or her oath, and file with the clerk of the court a report of the estate financial account. The report shall contain the date the account was opened, the financial institution holding the account, and each signatory on the account. The personal representative's report of the estate financial account shall be substantially in the following form:

I, . . . ., Personal Representative of the above-captioned estate, submit this declaration and report regarding the estate financial account opened to collect and pay out sums on behalf of this estate.

DECLARATION OF . . . .

I, . . . ., being over the age of 18 years, make the following declaration of my own personal knowledge and under penalty of perjury under the laws of the State of Washington.

1. I am the Personal Representative of the above-captioned estate.

2. On . . . ., an estate financial account was opened to collect and pay out sums on behalf of this estate.

3. The financial institution holding the estate financial account is . . . .

4. The signatory on the estate financial account is . . . .

5. [If applicable, additional relevant information regarding the estate financial account].

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

SIGNED on [date] at [city, state]

_____________________

[Name of personal representative]

(3)(a) Not less frequently than annually from the date of qualification appointment, 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 and allowed and all those rejected, and if it be necessary to sell, mortgage, lease, or exchange any property for the purpose of paying debts or settling any obligations against the estate or expenses of administration or allowance to the family, he or she may in such report set out the facts showing such necessity and ask for such sale, mortgage, lease, or exchange; such report shall likewise state the amount of property, real and personal, which has come into his or her hands, and give a detailed statement of all sums collected by him or her, and of all sums paid out, and it shall state such other things and matters as may be proper or necessary to give the court full information regarding any transactions by him or her done or which should be done. Such

(b) Regardless of the date of appointment, the court or any interested person may request that the personal representative file a report as described in this subsection (3). Unless the court finds that the request would impose an undue burden on the personal representative or orders the report be filed by a different date, the personal representative shall make, verify, and file with the clerk of the court such report not later than 90 days after such request. The personal representative shall not be required to file more than two such reports per year.

(4) The personal representative may at any time, however, make, verify, and file any reports which in his or her judgment would be proper or which and shall make, verify, and file any other reports the court may order to be made.

(5) If the personal representative fails to timely file a report under this section, upon request of the court or any interested person, within 14 days the court shall hold a formal proceeding in which the personal representative shall appear and provide sworn testimony regarding the facts that would be contained within the report. The personal representative's failure to appear at the formal proceeding, failure to testify truthfully and completely at the formal proceeding, or repeated failure to timely file a report under this section, shall result in the court taking any action it deems just and proper to protect estate assets and rights of interested persons including, but not limited to, imposition of sanctions against the personal representative and revocation of the personal representative's letters. The personal representative or the court shall thereafter provide a copy of the court's order to each known heir, legatee, devisee, beneficiary, and transferee of the estate.

(1) 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 previous report, and any property which may have come into the hands of the personal representative since his or her previous report, and debts paid, and generally the condition of the estate at that time. It shall likewise set out the names and addresses, as nearly as may be, of all the legatees and devisees in the event there shall have been a will, and the names and addresses, as nearly as may be, of all the heirs who may be entitled to share in such estate, and shall give a particular description of all the property of the estate remaining undisposed of, and shall set out such other matters as may tend to inform the court of the condition of the estate, and it may ask the court for a settlement of the estate and distribution of property and the discharge of the personal representative. If the personal representative has been discharged without having legally closed the estate, without having legally obtained an adjudication as to the heirs, or without having legally procured a decree of distribution or final settlement the court may in its discretion upon petition of any person interested, cause all such steps to be taken in such estate as were omitted or defective.

(2) Unless the estate is closed earlier, the court may presume that the estate is ready to be closed 24 months after the personal representative's date of appointment. If the personal representative has not submitted his or her final report and petition for distribution within 24 months of appointment, upon request of the court or any interested person, the court shall order that the final report and petition for distribution be submitted by a date certain, which date may only be moved upon a showing of good cause. Such report shall be submitted by the personal representative and enforced by the court in the manner described in RCW 11.76.010 (4) and (5).

(1) Venue for proceedings pertaining to trusts is:

(a) For testamentary trusts established under wills probated in the state of Washington, in the superior court of the county where the probate of the will is being administered or was completed or, in the alternative, the superior court of the county where any qualified beneficiary of the trust as defined in RCW 11.98.002 resides, the county where any trustee resides or has a place of business, or the county where any real property that is an asset of the trust is located; and

(b) For all other trusts, in the superior court of the county where any qualified beneficiary of the trust as defined in RCW 11.98.002 resides, the county where any trustee resides or has a place of business, or the county where any real property that is an asset of the trust is located. If no county has venue for proceedings pertaining to a trust under the preceding sentence, then in any county.

(2) A party to a proceeding pertaining to a trust may request that venue be changed. If the request is made within four months of the giving of the first notice of a proceeding pertaining to the trust, except for good cause shown, venue must be moved to the county with the strongest connection to the trust as determined by the court, considering such factors as the residence of a qualified beneficiary of the trust as defined in RCW 11.98.002, the residence or place of business of a trustee, and the location of any real property that is an asset of the trust.

(3) Venue for proceedings subject to chapter 11.130 RCW must be determined under the provisions of those chapters [that chapter] that chapter.

(4) Venue for proceedings pertaining to the probate of wills, the administration and disposition of a decedent's property, including nonprobate assets, and any other matter not identified in subsection (1), (2), or (3) of this section, must be is in any county in the state of Washington that the petitioner selects, unless the petitioner seeks appointment to administer the estate under RCW 11.28.120(3). If the petitioner seeks appointment under RCW 11.28.120(3), venue must be the county in the state of Washington where the decedent resided at the time of death, or, if the decedent was not a resident of the state of Washington at the time of death, a county in which any part of the probate estate might be. A party to a proceeding may request that venue be changed if the request is made within four months of the mailing of the notice of appointment and pendency of probate required by RCW 11.28.237, and except for good cause shown, venue must be moved as follows:

(a) If the decedent was a resident of the state of Washington at the time of death, to the county of the decedent's residence; or

(b) If the decedent was not a resident of the state of Washington at the time of death, to any of the following:

(i) Any county in which any part of the probate estate might be;

(ii) If there are no probate assets, any county where any nonprobate asset might be; or

(iii) The county in which the decedent died.

(5) Once letters testamentary or of administration have been granted in the state of Washington, all orders, settlements, trials, and other proceedings under this title must be had or made in the county in which such letters have been granted unless venue is moved as provided in subsection (4) of this section.

(6) Venue for proceedings pertaining to powers of attorney must be in the superior court of the county of the principal's residence, except for good cause shown.

(7) If venue is moved, an action taken before venue is changed is not invalid because of the venue.

(8) Any request to change venue that is made more than four months after the commencement of the action may be granted in the discretion of the court.

(1) This section applies in circumstances where a transferee for value has purchased a beneficiary's interest in an estate.

(2) For purposes of this section, a transferee for value is a person who satisfies both of the following criteria:

(a) The person purchased an interest in an estate from a beneficiary for consideration pursuant to a written agreement; and

(b) The person regularly engages, directly or indirectly, in the purchase of beneficial interests in estates.

(3) This section does not apply to the following transferees:

(a) A person who is a beneficiary of the estate or a person who has a claim to distribution from the estate under another instrument or by intestate succession; or

(b) A person who is either the registered domestic partner of the beneficiary, or is related by blood, marriage, or adoption to the beneficiary or the decedent.

(4) An agreement to purchase an interest in an estate is effective only if all the following conditions are met:

(a) The agreement is reduced to writing, signed by the beneficiary and transferee for value, and personally and timely delivered to the beneficiary;

(b) The documents signed by and delivered to the beneficiary are provided in at least 10-point type and are in the same language principally used in any discussion or negotiation leading to the execution of the agreement;

(c) The agreement signed by the beneficiary is filed with the court and served on the personal representative personally or by mail not later than 30 days following the date of its execution or the initiation of probate proceedings, whichever occurs later, and not less than 14 days prior to the motion for distribution. Prior to filing or serving such agreement, the transferee for value shall redact any personally identifying information about the beneficiary, other than the name and address of the beneficiary, from the agreement;

(d) The transferee for value executes a declaration or affidavit attesting that the requirements of this section have been satisfied, and that declaration or affidavit is filed with the court no later than 30 days following the date of the agreement's execution or the initiation of probate proceedings, whichever occurs later, and not less than 14 days prior to the motion for distribution; and

(e) The declaration or affidavit, and any other document signed by the beneficiary in addition to the agreement, is served on the personal representative personally or by mail concurrently with filing the declaration or affidavit with the court.

(5) The agreement to purchase a beneficiary's interest in an estate shall include the following terms in bold type, in addition to any other terms:

(a) The amount of consideration paid to the beneficiary;

(b) A description of the beneficial interest, together with a good faith estimate of the value of the distribution anticipated by the transferee for value; and

(c) The total of all costs or fees charged to the beneficiary resulting from the transfer of the beneficial interest including, but not limited to, transaction or processing fees, credit report costs, filing fees, bank or electronic transfer costs, or any other fees or costs.

(6) An agreement to purchase a beneficiary's interest in an estate shall be voidable if it contains any of the following provisions:

(a) A provision holding harmless the transferee for value;

(b) A provision requiring binding arbitration;

(c) A provision granting to the transferee for value agency powers to represent the beneficiary's interest in the decedent's estate beyond the interest transferred;

(d) A provision granting to the transferee for value the power to hire or select the personal representative to administer the estate;

(e) A provision requiring payment by the beneficiary to the transferee for value for services relating to matters beyond the beneficial interest transferred; or

(f) A provision permitting the transferee for value recourse against the beneficiary if the distribution from the estate has a value less than the consideration paid by the transferee for value.

(7) The court on its own motion, or on the motion of the personal representative or other interested person, may inquire into the circumstances surrounding the agreement to purchase the beneficial interest to determine that the requirements of this section have been satisfied.

(8) The court may refuse to order distribution under the agreement, or may order distribution of assets on any terms that the court considers just and proper, if the court finds any of the following:

(a) The fees, charges, or costs paid or agreed to be paid by the beneficiary were grossly unreasonable at the time of transfer;

(b)(i) The agreement to purchase the beneficial interest was obtained by fraud, duress, or undue influence, or contained unconscionable terms at the time of transfer;

(ii) For purposes of this subsection (8)(b), there shall be a rebuttable presumption that a purchase of a beneficial interest offered, negotiated, or agreed to within 120 days of the decedent's death was obtained by undue influence;

(c) In addition to purchasing the beneficiary's interest in the estate, the transferee for value, or a principal or agent of, or person acting at the behest of or in concert with, the transferee for value, also purchased a major probate asset of the estate, whether such asset was identified under RCW 11.28.110(1)(d) or identified subsequently, for substantially less than fair market value; or

(d) The transferee for value did not substantially comply with the requirements of this section.

(9) For a willful violation of the requirements of this section, the court may order the transferee for value to pay to the beneficiary up to three times the value of the assignment, in addition to any other sanction or remedy.

(10) Notice of any motion brought under this section shall be served on the beneficiary and on the transferee for value at least 14 days prior to the hearing.

(1) This section applies in circumstances where an heir finder has acquired a partial share of an heir's interest in an estate.

(2) For purposes of this section, an heir finder is a person who satisfies both of the following criteria:

(a) The person regularly engages, directly or indirectly, in the provision of services related to locating heirs or estate assets or obtaining documentation regarding heirs' interests in estates; and

(b) In consideration for providing such services to the heir, the person acquired a partial share of the heir's interest in the estate pursuant to a written agreement.

(3) An agreement to acquire a partial share of an heir's interest in an estate is effective only if all of the following conditions are met:

(a) Compensation due to the heir finder for services rendered is limited to the partial share described in the agreement, and receipt of such compensation is contingent upon the heir first receiving his or her distribution from the estate;

(b) The agreement is reduced to writing, signed by the heir and heir finder, and timely delivered to the heir;

(c) The documents signed by and delivered to the heir are provided in at least 10-point type and are in the same language principally used in any discussion or negotiation leading to the execution of the agreement;

(d) The agreement signed by the heir is filed with the court and served on the personal representative personally or by written or electronic means not later than 45 days following the date of its execution or the initiation of probate proceedings, whichever occurs later, and not less than 14 days prior to the motion for distribution. Prior to filing or serving such agreement, the heir finder must redact any personally identifying information about the heir, other than the name and address of the heir, from the agreement;

(e) The heir finder executes a declaration or affidavit attesting that the requirements of this section have been satisfied, and that declaration or affidavit is filed with the court no later than 45 days following the date of the agreement's execution or the initiation of probate proceedings, whichever occurs later, and not less than 14 days prior to the motion for distribution; and

(f) The declaration or affidavit, the agreement, and any other documentation supporting the agreement are served on the personal representative personally or by written or electronic means concurrently with filing the declaration or affidavit with the court.

(4) An agreement to acquire a partial share of an heir's interest in an estate must include the following terms in bold type, in addition to any other terms:

(a) A plain language description of the heir's interest, the percentage of such interest constituting the heir finder's share in the event of distribution to the heir, and an option for the heir to obtain from the heir finder a good faith estimate of the value of the interest and the value of the partial share once such values are reasonably ascertainable; and

(b) A plain language description of all services provided to the heir in exchange for the partial share of the heir's interest.

(5) An agreement to acquire a partial share of an heir's interest in an estate is voidable if it contains any of the following provisions:

(a) A provision holding harmless the heir finder;

(b) A provision requiring binding arbitration;

(c) A provision granting to the heir finder agency powers to represent the heir's interests in the estate beyond the heir's interest described in the agreement;

(d) A provision granting to the heir finder the power to hire or select the personal representative to administer the estate;

(e) A provision requiring payment by the heir to the heir finder for services relating to matters beyond the heir's interest described in the agreement;

(f) A provision permitting the heir finder recourse against the heir if the partial share of the heir's interest has a value less than the value anticipated by the heir finder at the time of the agreement; or

(g) Any provisions which, when read together, effectively assign full ownership of the heir's interest to the heir finder.

(6) The court on its own motion, or on the motion of the personal representative or other interested person, may inquire into the circumstances surrounding the agreement to acquire the partial share of the heir's interest to determine that the requirements of this section have been satisfied.

(7) The court may refuse to order distribution under the agreement, or may order distribution of assets on any terms that the court considers just and proper, if the court finds any of the following:

(a) The heir finder's partial share of the heir's interest is grossly unreasonable;

(b)(i) The agreement was obtained by fraud, duress, or undue influence, or contained unconscionable terms at the time of the agreement;

(ii) For purposes of this subsection (7)(b), there is a rebuttable presumption that the agreement was obtained by undue influence if both of the following conditions are met:

(A) The partial share was acquired from an heir whose name and address were both already identified in a petition filed pursuant to RCW 11.28.110; and

(B) The heir's interest in which the partial share was acquired included an asset already known to the heir or the personal representative;

(c) In addition to acquiring a partial share of an heir's interest in the estate, the heir finder, or a principal or agent of, or person acting at the behest of or in concert with, the heir finder, also purchased a major probate asset of the estate, whether such asset was identified under RCW 11.28.110(1)(d) or identified subsequently, for substantially less than fair market value; or

(d) The heir finder did not substantially comply with the requirements of this section.

(8) For a willful violation of the requirements of this section, the court may order the heir finder to pay to the heir up to three times the value of the partial share of the heir's interest, in addition to any other sanction or remedy.

(9) Notice of any motion brought under this section must be served on the heir and on the heir finder at least 14 days prior to the hearing.

When used in this title, unless otherwise required from the context:

(1) "Administrator" means a personal representative of the estate of a decedent and the term may be used in lieu of "personal representative" wherever required by context.

(2) "Codicil" means a will that modifies or partially revokes an existing earlier will. A codicil need not refer to or be attached to the earlier will.

(3) "Degree of kinship" means the degree of kinship as computed according to the rules of the civil law; that is, by counting upward from the intestate to the nearest common ancestor and then downward to the relative, the degree of kinship being the sum of these two counts.

(4) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(5) "Electronic presence" means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location.

(6) "Electronic will" means a will or codicil executed in compliance with RCW 11.12.400 through 11.12.491.

(7) "Executor" means a personal representative of the estate of a decedent appointed by will and the term may be used in lieu of "personal representative" wherever required by context.

(8) "Guardian," "limited guardian," "conservator," or "limited conservator" means a personal representative of the person or estate of a person who has been placed under a guardianship under RCW 11.130.265 or who has been placed under a conservatorship under RCW 11.130.360 and the term may be used in lieu of "personal representative" wherever required by context.

(9) "Heirs" denotes those persons, including the surviving spouse or surviving domestic partner, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate.

(10) "Interested person" or "person interested," when used with respect to an estate, means an heir, devisee, beneficiary, legatee, or creditor whose claim has been duly served and filed, or an attorney or fiduciary for the same.

(11) "Internal revenue code" means the United States internal revenue code of 1986, as amended or renumbered as of January 1, 2001.

(11) (12) "Issue" means all the lineal descendants of an individual. An adopted individual is a lineal descendant of each of his or her adoptive parents and of all individuals with regard to which each adoptive parent is a lineal descendant. A child conceived prior to the death of a parent but born after the death of the deceased parent is considered to be the surviving issue of the deceased parent for purposes of this title.

(12) (13) "Net estate" refers to the real and personal property of a decedent exclusive of homestead rights, exempt property, the family allowance and enforceable claims against, and debts of, the deceased or the estate.

(13) (14) "Nonprobate asset" means those rights and interests of a person having beneficial ownership of an asset that pass on the person's death under a written instrument or arrangement other than the person's will. "Nonprobate asset" includes, but is not limited to, a right or interest passing under a joint tenancy with right of survivorship, joint bank account with right of survivorship, transfer on death deed, payable on death or trust bank account, transfer on death security or security account, deed or conveyance if possession has been postponed until the death of the person, trust of which the person is grantor and that becomes effective or irrevocable only upon the person's death, community property agreement, individual retirement account or bond, or note or other contract the payment or performance of which is affected by the death of the person. "Nonprobate asset" does not include: A payable-on-death provision of a life insurance policy, annuity, or other similar contract, or of an employee benefit plan; a right or interest passing by descent and distribution under chapter 11.04 RCW; a right or interest if, before death, the person has irrevocably transferred the right or interest, the person has waived the power to transfer it or, in the case of contractual arrangement, the person has waived the unilateral right to rescind or modify the arrangement; or a right or interest held by the person solely in a fiduciary capacity. For the definition of "nonprobate asset" relating to revocation of a provision for a former spouse upon dissolution of marriage or declaration of invalidity of marriage, RCW 11.07.010(5) applies. For the definition of "nonprobate asset" relating to testamentary disposition of nonprobate assets, see RCW 11.11.010(7).

(14) (15) "Personal representative" includes executor, administrator, special administrator, and conservator or limited conservator and special representative.

(15) (16) "Real estate" includes, except as otherwise specifically provided herein, all lands, tenements, and hereditaments, and all rights thereto, and all interest therein possessed and claimed in fee simple, or for the life of a third person.

(16) (17) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(17) (18) "Representation" refers to a method of determining distribution in which the takers are in unequal degrees of kinship with respect to a decedent, and is accomplished as follows: After first determining who, of those entitled to share in the estate, are in the nearest degree of kinship, the estate is divided into equal shares, the number of shares being the sum of the number of persons who survive the decedent who are in the nearest degree of kinship and the number of persons in the same degree of kinship who died before the decedent but who left issue surviving the decedent; each share of a deceased person in the nearest degree must be divided among those of the deceased person's issue who survive the decedent and have no ancestor then living who is in the line of relationship between them and the decedent, those more remote in degree taking together the share which their ancestor would have taken had he or she survived the decedent.

(18) (19) References to "section 2033A" of the internal revenue code in wills, trust agreements, powers of appointment, beneficiary designations, and other instruments governed by or subject to this title are deemed to refer to the comparable or corresponding provisions of section 2057 of the internal revenue code, as added by section 6006(b) of the internal revenue service restructuring act of 1998 (H.R. 2676, P.L. 105-206); and references to the section 2033A "exclusion" are deemed to mean the section 2057 deduction.

(19) (20) "Settlor" has the same meaning as provided for "trustor" in this section.

(20) (21) "Special administrator" means a personal representative of the estate of a decedent appointed for limited purposes and the term may be used in lieu of "personal representative" wherever required by context.

(21) (22) "Surviving spouse" or "surviving domestic partner" does not include an individual whose marriage to or state registered domestic partnership with the decedent has been terminated, dissolved, or invalidated unless, by virtue of a subsequent marriage or state registered domestic partnership, he or she is married to or in a domestic partnership with the decedent at the time of death. A decree of separation that does not terminate the status of spouses or domestic partners is not a dissolution or invalidation for purposes of this subsection.

(22) (23) "Trustee" means an original, added, or successor trustee and includes the state, or any agency thereof, when it is acting as the trustee of a trust to which chapter 11.98 RCW applies.

(23) (24) "Trustor" means a person, including a testator, who creates, or contributes property to, a trust.

(24) (25) "Will" means an instrument validly executed as required by RCW 11.12.020 or 11.12.400 through 11.12.491.

Words that import the singular number may also be applied to the plural of persons and things.

Words importing the masculine gender only may be extended to females also.