SUBSTITUTE SENATE BILL NO. 6395
C 180 L 90
State of Washington 51st Legislature 1990 Regular Session
By Senate Committee on Law & Justice (originally sponsored by Senators Nelson, Talmadge and Newhouse)
Read first time 1/22/90.
AN ACT Relating to the deletion of obsolete inheritance tax references; amending RCW 11.44.066, 11.56.030, 11.56.280, 11.62.020, 11.68.110, and 83.110.030; adding new sections to chapter 11.02 RCW; and repealing RCW 11.86.075 and 11.44.061.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 49, chapter 117, Laws of 1974 ex. sess. and RCW 11.44.066 are each amended to read as follows:
time required to file an inventory as provided in RCW 11.44.015, the personal
representative shall determine the fair net value, as of the date of the
decedent's death, of each item contained in the inventory after deducting the
encumbrances, liens, and other secured charges thereon. The personal
representative may employ a qualified and disinterested person to assist him in
ascertaining the fair market value as of the date of the decedent's death of
any asset the value of which may be subject to reasonable doubt. Different
persons may be employed to appraise different kinds of assets included in the
estate. The appraisement may, but need not be, filed in the probate cause:
PROVIDED HOWEVER, That upon receipt of a written request for a copy of said
inventory and appraisement from any heir, legatee, devisee or unpaid creditor
who has filed a claim, or from the ((
inheritance tax division of the))
department of revenue, the personal representative shall furnish to said
person, a true and correct copy thereof.
Sec. 2. Section 11.56.030, chapter 145, Laws of 1965 and RCW 11.56.030 are each amended to read as follows:
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
inheritance and federal death tax)) 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 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.
Sec. 3. Section 11.56.280, chapter 145, Laws of 1965 and RCW 11.56.280 are each amended to read as follows:
shall appear to the satisfaction of the court that money is needed to pay debts
of the estate, expenses of administration, ((
inheritance tax,)) or estate
(( tax)) 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 purposes aforesaid. The time for
repayment, rate of interest and form of note authorized shall be as specified
by the court in its order. The money borrowed pursuant thereto shall be an
obligation of the estate repayable with the same priority as unsecured claims
filed against the estate. 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 tax
obligations and such other things as will tend to assist the court in
determining the necessity for the borrowing and the amount thereof. Unless the
court shall by order expressly so provide, no notice of the hearing of such
petition need be given, except to persons who have requested notice under the
provisions of RCW 11.28.240; 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 foregoing purpose. The
absence of any allegation in the petition shall not deprive the court of
jurisdiction to authorize such borrowing.
Sec. 4. Section 5, chapter 117, Laws of 1974 ex. sess. as amended by section 12, chapter 234, Laws of 1977 ex. sess. and RCW 11.62.020 are each amended to read as follows:
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 knowledge
of the falsity of any statement which is required by RCW 11.62.010(2) as now or
hereafter amended to be contained in the successor's affidavit. Such person is
not required to see to the application of the personal property, or to inquire
into the truth of any matter specified in RCW 11.62.010 (1) or (2) ((
or hereafter amended)), or into the payment of any (( inheritance)) estate
An organization shall not be deemed to have actual knowledge of the falsity of any statement contained in an affidavit made pursuant to RCW 11.62.010(2) as now or hereafter amended until such time as said knowledge shall have been brought to the personal attention of the individual making the transfer, delivery, payment, or issuance of the personal property claimed under RCW 11.62.010 as now or hereafter amended.
If any person to whom an affidavit and proof of death is delivered refuses to pay, deliver, or transfer any personal property, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. If more than one affidavit is delivered with reference to the same personal property, the person to whom an affidavit is delivered may pay, deliver, transfer, or issue any personal property in response to the first affidavit received, provided that proof of death has also been received, or alternately implead such property into court for payment over to the person entitled thereto. Any person to whom payment, delivery, transfer, or issuance of personal property is made pursuant to RCW 11.62.010 as now or hereafter amended is answerable and accountable therefor to any personal representative of the estate of the decedent or to any other person having a superior right thereto.
Sec. 5. Section 8, chapter 30, Laws of 1985 and RCW 11.68.110 are each amended to read as follows:
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 to that effect, which declaration shall state as follows:
(1) The date of the decedent's death, and the decedent's residence at the time of death, whether or not the decedent died testate or intestate, and if testate, the date of the decedent's last will and testament and the date of the order admitting the will to probate;
each creditor's claim which was justly due and properly presented as required
by law has been paid or otherwise disposed of by agreement with the creditor,
and that the amount of ((
state inheritance and federal)) estate (( tax))
taxes due as the result of the decedent's death has been determined,
settled, and paid;
(3) The personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be closed;
(4) If the decedent died intestate, the names, addresses (if known), and relationship of each heir of the decedent, together with the distributive share of each heir; and
(5) The amount of fees paid or to be paid to each of the following: (a) Personal representative or representatives, (b) lawyer or lawyers, (c) appraiser or appraisers, and (d) accountant or accountants; and that the personal representative believes the fees to be reasonable and does not intend to obtain court approval of the amount of the fees or to submit an estate accounting to the court for approval.
Subject to the requirement of notice as provided in this section, unless an heir, devisee, or legatee of a decedent petitions the court either for an order requiring the personal representative to obtain court approval of the amount of fees paid or to be paid to the personal representative, lawyers, appraisers, or accountants, or for an order requiring an accounting, or both, within thirty days from the date of filing a declaration of completion of probate, the personal representative will be automatically discharged without further order of the court and the representative's powers will cease thirty days after the filing of the declaration of completion of probate, and the declaration of completion of probate shall, at that time, be the equivalent of the entry of a decree of distribution in accordance with chapter 11.76 RCW for all legal intents and purposes.
Within five days of the date of the filing of the declaration of completion, the personal representative or the representative's lawyer shall mail a copy of the declaration of completion to each heir, legatee, or devisee of the decedent (who has not waived notice of said filing, in writing, filed in the cause) together with a notice which shall be substantially as follows:
!ix!tm2,5!tcCAPTION!tcNOTICE!sc ,001OF!sc ,001FILING!sc ,001OF
!tcOF !tcDECLARATION!sc ,001OF!sc ,001COMPLETION
!tcCASE !tcOF!sc ,001PROBATE
@bv NOTICE IS GIVEN that the attached Declaration of Completion of Probate was filed by the undersigned in the above-entitled court on the ..... day of .......... , 19.. ; unless you shall file a petition in the above-entitled court requesting the court to approve the reasonableness of the fees, or for an accounting, or both, and serve a copy thereof upon the personal representative or the personal representative's lawyer, within thirty days after the date of the filing, the amount of fees paid or to be paid will be deemed reasonable, the acts of the personal representative will be deemed approved, the personal representative will be automatically discharged without further order of the court, and the Declaration of Completion of Probate will be final and deemed the equivalent of a Decree of Distribution entered under chapter 11.76 RCW.
If you file and serve a petition within the period specified, the undersigned will request the court to fix a time and place for the hearing of your petition, and you will be notified of the time and place thereof, by mail, or personal service, not less than ten days before the hearing on the petition.
Dated this ..... day of .......... , 19.. .
If all heirs, devisees, and legatees of the decedent waive, in writing, the notice required by this section, the personal representative will be automatically discharged without further order of the court and the declaration of completion of probate will become effective as a decree of distribution upon the date of filing thereof. In those instances where the personal representative has been required to furnish bond, and a declaration of completion is filed pursuant to this section, any bond furnished by the personal representative shall be automatically discharged upon the discharge of the personal representative.
Sec. 6. Section 3, chapter 63, Laws of 1986 as amended by section 3, chapter 40, Laws of 1989 and RCW 83.110.030 are each amended to read as follows:
(1) The court having jurisdiction over the administration of the estate of a decedent shall determine the apportionment of the tax. If there are no probate proceedings, the court of the county wherein the decedent was domiciled at death shall determine the apportionment of the tax upon the application of the person required to pay the tax.
(2) If the court finds that it is inequitable to apportion interest and penalties in the manner provided in this chapter because of special circumstances, it may direct apportionment thereon in the manner it finds equitable.
(3) The expenses reasonably incurred by any fiduciary and by other persons interested in the estate in connection with the determination of the amount and apportionment of the tax shall be apportioned as provided in RCW 83.110.020 and charged and collected as a part of the tax apportioned. If the court finds it is inequitable to apportion the expenses as provided in RCW 83.110.020, it may direct apportionment thereof equitably.
(4) If the court finds that the assessment of penalties and interest is due to delay caused by the negligence of the fiduciary, the court may charge the fiduciary with the amount of the assessed penalties and interest.
(5) In any suit or judicial proceeding to recover from any person interested in the estate the amount of the tax apportioned to the person in accordance with this chapter, the determination of the court in respect thereto is prima facie correct.
(6) In the
case where there are successive interests with respect to retirement
distributions, the excise tax shall be equitably apportioned by the court
having jurisdiction over the administration of the estate among the persons
interested in the retirement distributions as defined in RCW ((
NEW SECTION. Sec. 7. A new section is added to chapter 11.02 RCW to read as follows:
Shares of record in the name of a married person may be transferred by such person, such person's agent or attorney, without the signature of such person's spouse. All dividends payable upon any shares of a corporation standing in the name of a married person, shall be paid to such married person, such person's agent or attorney, in the same manner as if such person were unmarried, and it shall not be necessary for the other spouse to join in a receipt therefor; and any proxy or power given by a married person, touching any shares of any corporation standing in such person's name, shall be valid and binding without the signature of the other spouse.
NEW SECTION. Sec. 8. A new section is added to chapter 11.02 RCW to read as follows:
Whenever shares or other securities issued by domestic or foreign corporations are or have been issued or transferred to two or more persons in joint tenancy form on the books or records of the corporation, it is presumed in favor of the corporation, its registrar and its transfer agent that the shares or other securities are owned by such persons in joint tenancy and not otherwise. A domestic or foreign corporation or its registrar or transfer agent is not liable for transferring or causing to be transferred on the books of the corporation to or pursuant to the direction of the surviving joint tenant or tenants any share or shares or other securities theretofore issued by the corporation to two or more persons in joint tenancy form on the books or records of the corporation, unless the transfer was made with actual knowledge by the corporation or by its registrar or transfer agent of the existence of any understanding, agreement, condition, or evidence that the shares or securities were held other than in joint tenancy, or of the invalidity of the joint tenancy or a breach of trust by the joint tenants.
NEW SECTION. Sec. 9. A new section is added to chapter 11.02 RCW to read as follows:
Neither a domestic or foreign corporation or its registrar or transfer agent shall be liable for transferring or causing to be transferred on the books of the corporation to or pursuant to the direction of the surviving spouse of a deceased husband or wife any share or shares or other securities theretofore issued by the corporation to the deceased or surviving spouse or both of them if the corporation or its registrar or transfer agent shall be provided with the following:
(1) A copy of an agreement which shall have been entered into between the spouses pursuant to RCW 26.16.120 and certified by the auditor of the county in this state in whose office the same shall have been recorded;
(2) A certified copy of the death certificate of the deceased spouse;
(3) An affidavit of the surviving spouse that:
(a) The shares or other securities constituted community property of the spouses at date of death of the deceased spouse and their disposition is controlled by the community property agreement;
(b) No proceedings have been instituted to contest or set aside or cancel the agreement; and that
(c) The claims of creditors have been paid or provided for.
NEW SECTION. Sec. 10. The following acts or parts of acts are each repealed:
(1) Section 49, chapter 209, Laws of 1979 ex. sess. and RCW 11.86.075; and
(2) Section 11.44.060, chapter 145, Laws of 1965 and RCW 11.44.061.