State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/07/13.
AN ACT Relating to the transfer of real property by deed taking effect at the grantor's death; amending RCW 11.07.010, 11.11.010, 11.18.200, 11.86.011, 11.94.050, 82.45.010, 82.45.197, 82.45.150, and 84.33.140; reenacting and amending RCW 11.02.005 and 84.34.108; adding a new chapter to Title 64 RCW; and providing a contingent effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
NEW SECTION. Sec. 2
(1) "Beneficiary" means a person that receives property under a
transfer on death deed.
(2) "Designated beneficiary" means a person designated to receive
property in a transfer on death deed.
(3) "Joint owner" means an individual who owns property
concurrently with one or more other individuals with a right of
survivorship. The term includes a joint tenant with a right to
survivorship. The term does not include a tenant in common or owner of
community property.
(4) "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, public corporation, government or governmental
subdivision, agency, or instrumentality, or any other legal or
commercial entity.
(5) "Property" means an interest in real property located in this
state which is transferable on the death of the owner.
(6) "Transfer on death deed" means a deed authorized under this
chapter.
(7) "Transferor" means an individual who makes a transfer on death
deed.
NEW SECTION. Sec. 3
NEW SECTION. Sec. 4
NEW SECTION. Sec. 5
NEW SECTION. Sec. 6
NEW SECTION. Sec. 7
NEW SECTION. Sec. 8
NEW SECTION. Sec. 9
(1) Except as otherwise provided in subsection (2) of this section,
must contain the essential elements and formalities of a properly
recordable inter vivos deed;
(2) Must state that the transfer to the designated beneficiary is
to occur at the transferor's death; and
(3) Must be recorded before the transferor's death in the public
records in the office of the auditor of the county where the property
is located.
NEW SECTION. Sec. 10
(1) Notice or delivery to or acceptance by the designated
beneficiary during the transferor's life; or
(2) Consideration.
NEW SECTION. Sec. 11
(a) Is one of the following:
(i) A transfer on death deed that revokes the deed or part of the
deed expressly or by inconsistency;
(ii) An instrument of revocation that expressly revokes the deed or
part of the deed; or
(iii) An inter vivos deed that expressly revokes the transfer on
death deed or part of the deed; and
(b) Is acknowledged by the transferor after the acknowledgment of
the deed being revoked and recorded before the transferor's death in
the public records in the office of the county auditor of the county
where the deed is recorded.
(2) If a transfer on death deed is made by more than one
transferor:
(a) Revocation by a transferor does not affect the deed as to the
interest of another transferor;
(b) A deed of joint owners is revoked only if it is revoked by all
of the joint owners living at the time that the revocation is recorded;
and
(c) A deed of community property by both spouses or by both
domestic partners is revoked only if it is revoked by both of the
spouses or domestic partners, provided that if only one of the spouses
or domestic partners is then surviving, that spouse or domestic partner
may revoke the deed.
(3) After a transfer on death deed is recorded, it may not be
revoked by a revocatory act on the deed.
(4) This section does not limit the effect of an inter vivos
transfer of the property.
NEW SECTION. Sec. 12
(1) Affect an interest or right of the transferor or any other
owner, including the right to transfer or encumber the property;
(2) Affect an interest or right of a transferee, even if the
transferee has actual or constructive notice of the deed;
(3) Affect an interest or right of a secured or unsecured creditor
or future creditor of the transferor, even if the creditor has actual
or constructive notice of the deed;
(4) Affect the transferor's or designated beneficiary's eligibility
for any form of public assistance;
(5) Create a legal or equitable interest in favor of the designated
beneficiary; or
(6) Subject the property to claims or process of a creditor of the
designated beneficiary.
NEW SECTION. Sec. 13
(a) Subject to (b) of this subsection, the interest in the property
is transferred to the designated beneficiary in accordance with the
deed.
(b) The interest of a designated beneficiary is contingent on the
designated beneficiary surviving the transferor. The interest of a
designated beneficiary that fails to survive the transferor lapses.
(c) Subject to (d) of this subsection, concurrent interests are
transferred to the beneficiaries in equal and undivided shares with no
right of survivorship.
(d) If the transferor has identified two or more designated
beneficiaries to receive concurrent interests in the property, the
share of one which lapses or fails for any reason is transferred to the
other, or to the others in proportion to the interest of each in the
remaining part of the property held concurrently.
(2) Subject to chapter 65.08 RCW, a beneficiary takes the property
subject to all conveyances, encumbrances, assignments, contracts,
mortgages, liens, and other interests to which the property is subject
at the transferor's death. For purposes of this subsection and chapter
65.08 RCW, the recording of the transfer on death deed is deemed to
have occurred at the transferor's death.
(3) If a transferor is a joint owner and is:
(a) Survived by one or more other joint owners, the property that
is the subject of a transfer on death deed belongs to the surviving
joint owner or owners with right of survivorship; or
(b) The last surviving joint owner, the transfer on death deed is
effective.
(4) If the property that is the subject of a transfer on death deed
is community property and:
(a) The transferor is married and is not joined in the deed by the
transferor's spouse or is in a registered domestic partnership and is
not joined in the deed by the transferor's domestic partner, the
transferor's interest in the property is transferred to the designated
beneficiary in accordance with the deed on the transferor's death; or
(b) The transferor is married and is joined in the deed by the
transferor's spouse, or is in a registered domestic partnership and is
joined in the deed by the transferor's domestic partner, and:
(i) Is survived by the transferor's spouse or domestic partner, the
deed is not effective upon the transferor's death; or
(ii) Is the surviving spouse or domestic partner, the transfer on
death deed is effective on the transferor's death with respect to the
transferor's interest in the property as of the time of the
transferor's death.
(5) A transfer on death deed transfers property without covenant or
warranty of title even if the deed contains a contrary provision.
NEW SECTION. Sec. 14
NEW SECTION. Sec. 15
NEW SECTION. Sec. 16
NEW SECTION. Sec. 17
Sec. 18 RCW 11.02.005 and 2011 c 327 s 1 are each reenacted and
amended to read as follows:
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) "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.
(5) "Guardian" or "limited guardian" means a personal
representative of the person or estate of an incompetent or disabled
person as defined in RCW 11.88.010 and the term may be used in lieu of
"personal representative" wherever required by context.
(6) "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.
(7) "Internal revenue code" means the United States internal
revenue code of 1986, as amended or renumbered as of January 1, 2001.
(8) "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.
(9) "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.
(10) "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
revocation of a provision for a former spouse upon dissolution of
marriage or declaration of invalidity of marriage, see RCW
11.07.010(5). For the definition of "nonprobate asset" relating to
testamentary disposition of nonprobate assets, see RCW 11.11.010(7).
(11) "Personal representative" includes executor, administrator,
special administrator, and guardian or limited guardian and special
representative.
(12) "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.
(13) "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 ((shall)) 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.
(14) 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 ((shall be)) 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" ((shall be)) are deemed to mean the
section 2057 deduction.
(15) "Settlor" has the same meaning as provided for "trustor" in
this section.
(16) "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.
(17) "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.
(18) "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.
(19) "Trustor" means a person, including a testator, who creates,
or contributes property to, a trust.
(20) "Will" means an instrument validly executed as required by RCW
11.12.020.
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.
Sec. 19 RCW 11.07.010 and 2008 c 6 s 906 are each amended to read
as follows:
(1) This section applies to all nonprobate assets, wherever
situated, held at the time of entry of a decree of dissolution of
marriage or state registered domestic partnership or a declaration of
invalidity or certification of termination of a state registered
domestic partnership.
(2)(a) If a marriage or state registered domestic partnership is
dissolved or invalidated, or a state registered domestic partnership
terminated, a provision made prior to that event that relates to the
payment or transfer at death of the decedent's interest in a nonprobate
asset in favor of or granting an interest or power to the decedent's
former spouse or state registered domestic partner, is revoked. A
provision affected by this section must be interpreted, and the
nonprobate asset affected passes, as if the former spouse or former
state registered domestic partner, failed to survive the decedent,
having died at the time of entry of the decree of dissolution or
declaration of invalidity or termination of state registered domestic
partnership.
(b) This subsection does not apply if and to the extent that:
(i) The instrument governing disposition of the nonprobate asset
expressly provides otherwise;
(ii) The decree of dissolution, declaration of invalidity, or other
court order requires that the decedent maintain a nonprobate asset for
the benefit of a former spouse or former state registered domestic
partner or children of the marriage or domestic partnership, payable on
the decedent's death either outright or in trust, and other nonprobate
assets of the decedent fulfilling such a requirement for the benefit of
the former spouse or former state registered domestic partner or
children of the marriage or domestic partnership do not exist at the
decedent's death;
(iii) A court order requires that the decedent maintain a
nonprobate asset for the benefit of another, payable on the decedent's
death either outright or in a trust, and other nonprobate assets of the
decedent fulfilling such a requirement do not exist at the decedent's
death; or
(iv) If not for this subsection, the decedent could not have
effected the revocation by unilateral action because of the terms of
the decree, declaration, termination of state registered domestic
partnership, or for any other reason, immediately after the entry of
the decree of dissolution, declaration of invalidity, or termination of
state registered domestic partnership.
(3)(a) A payor or other third party in possession or control of a
nonprobate asset at the time of the decedent's death is not liable for
making a payment or transferring an interest in a nonprobate asset to
a decedent's former spouse or state registered domestic partner, whose
interest in the nonprobate asset is revoked under this section, or for
taking another action in reliance on the validity of the instrument
governing disposition of the nonprobate asset, before the payor or
other third party has actual knowledge of the dissolution or other
invalidation of marriage or termination of the state registered
domestic partnership. A payor or other third party is liable for a
payment or transfer made or other action taken after the payor or other
third party has actual knowledge of a revocation under this section.
(b) This section does not require a payor or other third party to
pay or transfer a nonprobate asset to a beneficiary designated in a
governing instrument affected by the dissolution or other invalidation
of marriage or termination of state registered domestic partnership, or
to another person claiming an interest in the nonprobate asset, if the
payor or third party has actual knowledge of the existence of a dispute
between the former spouse or former state registered domestic partner,
and the beneficiaries or other persons concerning rights of ownership
of the nonprobate asset as a result of the application of this section
among the former spouse or former state registered domestic partner,
and the beneficiaries or among other persons, or if the payor or third
party is otherwise uncertain as to who is entitled to the nonprobate
asset under this section. In such a case, the payor or third party
may, without liability, notify in writing all beneficiaries or other
persons claiming an interest in the nonprobate asset of either the
existence of the dispute or its uncertainty as to who is entitled to
payment or transfer of the nonprobate asset. The payor or third party
may also, without liability, refuse to pay or transfer a nonprobate
asset in such a circumstance to a beneficiary or other person claiming
an interest until the time that either:
(i) All beneficiaries and other interested persons claiming an
interest have consented in writing to the payment or transfer; or
(ii) The payment or transfer is authorized or directed by a court
of proper jurisdiction.
(c) Notwithstanding subsections (1) and (2) of this section and (a)
and (b) of this subsection, a payor or other third party having actual
knowledge of the existence of a dispute between beneficiaries or other
persons concerning rights to a nonprobate asset as a result of the
application of this section may condition the payment or transfer of
the nonprobate asset on execution, in a form and with security
acceptable to the payor or other third party, of a bond in an amount
that is double the fair market value of the nonprobate asset at the
time of the decedent's death or the amount of an adverse claim,
whichever is the lesser, or of a similar instrument to provide security
to the payor or other third party, indemnifying the payor or other
third party for any liability, loss, damage, costs, and expenses for
and on account of payment or transfer of the nonprobate asset.
(d) As used in this subsection, "actual knowledge" means, for a
payor or other third party in possession or control of the nonprobate
asset at or following the decedent's death, written notice to the payor
or other third party, or to an officer of a payor or third party in the
course of his or her employment, received after the decedent's death
and within a time that is sufficient to afford the payor or third party
a reasonable opportunity to act upon the knowledge. The notice must
identify the nonprobate asset with reasonable specificity. The notice
also must be sufficient to inform the payor or other third party of the
revocation of the provisions in favor of the decedent's spouse or state
registered domestic partner, by reason of the dissolution or
invalidation of marriage or termination of state registered domestic
partnership, or to inform the payor or third party of a dispute
concerning rights to a nonprobate asset as a result of the application
of this section. Receipt of the notice for a period of more than
thirty days is presumed to be received within a time that is sufficient
to afford the payor or third party a reasonable opportunity to act upon
the knowledge, but receipt of the notice for a period of less than five
business days is presumed not to be a sufficient time for these
purposes. These presumptions may be rebutted only by clear and
convincing evidence to the contrary.
(4)(a) A person who purchases a nonprobate asset from a former
spouse, former state registered domestic partner, or other person, for
value and without actual knowledge, or who receives from a former
spouse, former state registered domestic partner, or other person
payment or transfer of a nonprobate asset without actual knowledge and
in partial or full satisfaction of a legally enforceable obligation, is
neither obligated under this section to return the payment, property,
or benefit nor is liable under this section for the amount of the
payment or the value of the nonprobate asset. However, a former
spouse, former state registered domestic partner, or other person who,
with actual knowledge, not for value, or not in satisfaction of a
legally enforceable obligation, receives payment or transfer of a
nonprobate asset to which that person is not entitled under this
section is obligated to return the payment or nonprobate asset, or is
personally liable for the amount of the payment or value of the
nonprobate asset, to the person who is entitled to it under this
section.
(b) As used in this subsection, "actual knowledge" means, for a
person described in (a) of this subsection who purchases or receives a
nonprobate asset from a former spouse, former state registered domestic
partner, or other person, personal knowledge or possession of documents
relating to the revocation upon dissolution or invalidation of marriage
of provisions relating to the payment or transfer at the decedent's
death of the nonprobate asset, received within a time after the
decedent's death and before the purchase or receipt that is sufficient
to afford the person purchasing or receiving the nonprobate asset
reasonable opportunity to act upon the knowledge. Receipt of the
personal knowledge or possession of the documents for a period of more
than thirty days is presumed to be received within a time that is
sufficient to afford the payor or third party a reasonable opportunity
to act upon the knowledge, but receipt of the notice for a period of
less than five business days is presumed not to be a sufficient time
for these purposes. These presumptions may be rebutted only by clear
and convincing evidence to the contrary.
(5)(a) As used in this section, "nonprobate asset" means those
rights and interests of a person having beneficial ownership of an
asset that pass on the person's death under only the following written
instruments or arrangements other than the decedent's will:
(((a))) (i) A payable-on-death provision of a life insurance
policy, employee benefit plan, annuity or similar contract, or
individual retirement account, unless provided otherwise by controlling
federal law;
(((b))) (ii) A payable-on-death, trust, or joint with right of
survivorship bank account;
(((c))) (iii) A trust of which the person is a grantor and that
becomes effective or irrevocable only upon the person's death;
(((d))) (iv) Transfer on death beneficiary designations of a
transfer on death or pay on death security, or joint tenancy or joint
tenancy with right of survivorship designations of a security, if such
designations are authorized under Washington law;
(((e))) (v) A transfer on death, pay on death, joint tenancy, or
joint tenancy with right of survivorship brokerage account;
(((f))) (vi) A transfer on death deed;
(vii) Unless otherwise specifically provided therein, a contract
wherein payment or performance under that contract is affected by the
death of the person; or
(((g))) (viii) Unless otherwise specifically provided therein, any
other written instrument of transfer, within the meaning of RCW
11.02.091(3), containing a provision for the nonprobate transfer of an
asset at death.
(b) For the general definition in this title of "nonprobate asset,"
see RCW 11.02.005(((15))) (10) and for the definition of "nonprobate
asset" relating to testamentary disposition of nonprobate assets, see
RCW 11.11.010(7). For the purposes of this chapter, a "bank account"
includes an account into or from which cash deposits and withdrawals
can be made, and includes demand deposit accounts, time deposit
accounts, money market accounts, or certificates of deposit, maintained
at a bank, savings and loan association, credit union, brokerage house,
or similar financial institution.
(6) This section is remedial in nature and applies as of July 25,
1993, to decrees of dissolution and declarations of invalidity entered
after July 24, 1993, and this section applies as of January 1, 1995, to
decrees of dissolution and declarations of invalidity entered before
July 25, 1993.
Sec. 20 RCW 11.11.010 and 2008 c 6 s 909 are each amended to read
as follows:
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 11.11.050; (B) pertains to the testamentary
disposition or ownership of a nonprobate asset in its possession or
control; and (C) is received by the financial institution or third
party after the death of the owner in a time sufficient to afford the
financial institution or third party a reasonable opportunity to act
upon the knowledge; and
(ii) For a personal representative that is not a financial
institution, personal knowledge or possession of documents relating to
the testamentary disposition or ownership of a nonprobate asset of the
owner sufficient to afford the personal representative reasonable
opportunity to act upon the knowledge, including reasonable opportunity
for the personal representative to provide the written notice under RCW
11.11.050.
(b) For the purposes of (a) of this subsection, notice of more than
thirty days is presumed to be notice that is sufficient to afford the
party a reasonable opportunity to act upon the knowledge, but notice of
less than five business days is presumed not to be a sufficient notice
for these purposes. These presumptions may be rebutted only by clear
and convincing evidence to the contrary.
(2) "Beneficiary" means the person designated to receive a
nonprobate asset upon the death of the owner by means other than the
owner's will.
(3) "Broker" means a person defined as a broker or dealer under the
federal securities laws.
(4) "Date of will" means, as to any nonprobate asset, the date of
signature of the will or codicil that refers to the asset and disposes
of it.
(5) "Designate" means a written means by which the owner selects a
beneficiary, including but not limited to instruments under contractual
arrangements and registration of accounts, and "designation" means the
selection.
(6) "Financial institution" means: A bank, trust company, mutual
savings bank, savings and loan association, credit union, broker, or
issuer of stock or its transfer agent.
(7)(a) "Nonprobate asset" means a nonprobate asset within the
meaning of RCW 11.02.005, but excluding the following:
(i) A right or interest in real property passing under a joint
tenancy with right of survivorship;
(ii) A deed or conveyance for which possession has been postponed
until the death of the owner;
(iii) A transfer on death deed;
(iv) A right or interest passing under a community property
agreement; and
(((iv))) (v) An individual retirement account or bond.
(b) For the definition of "nonprobate asset" relating to revocation
of a provision for a former spouse or former domestic partner upon
dissolution of marriage or state registered domestic partnership or
declaration of invalidity of marriage or state registered domestic
partnership, see RCW 11.07.010(5).
(8) "Owner" means a person who, during life, has beneficial
ownership of the nonprobate asset.
(9) "Request" means a request by the beneficiary for transfer of a
nonprobate asset after the death of the owner, if it complies with all
conditions of the arrangement, including reasonable special
requirements concerning necessary signatures and regulations of the
financial institution or other third party, or by the personal
representative of the owner's estate or the testamentary beneficiary,
if it complies with the owner's will and any additional conditions of
the financial institution or third party for such transfer.
(10) "Testamentary beneficiary" means a person named under the
owner's will to receive a nonprobate asset under this chapter,
including but not limited to the trustee of a testamentary trust.
(11) "Third party" means a person, including a financial
institution, having possession of or control over a nonprobate asset at
the death of the owner, including the trustee of a revocable living
trust and surviving joint tenant or tenants.
Sec. 21 RCW 11.18.200 and 1999 c 42 s 605 are each amended to
read as follows:
(1) Unless expressly exempted by statute, a beneficiary of a
nonprobate asset that was subject to satisfaction of the decedent's
general liabilities immediately before the decedent's death takes the
asset subject to liabilities, claims, estate taxes, and the fair share
of expenses of administration reasonably incurred by the personal
representative in the transfer of or administration upon the asset.
The beneficiary of such an asset is liable to account to the personal
representative to the extent necessary to satisfy liabilities, claims,
the asset's fair share of expenses of administration, and the asset's
share of any applicable estate taxes under chapter ((83.110)) 83.110A
RCW. Before making demand that a beneficiary of a nonprobate asset
account to the personal representative, the personal representative
((shall)) must give notice to the beneficiary, in the manner provided
in chapter 11.96A RCW, that the beneficiary is liable to account under
this section.
(2) The following rules govern in applying subsection (1) of this
section:
(a) A beneficiary of property passing at death under a community
property agreement takes the property subject to the decedent's
liabilities, claims, estate taxes, and administration expenses as
described in subsection (1) of this section. However, assets existing
as community or separate property immediately before the decedent's
death under the community property agreement are subject to the
decedent's liabilities and claims to the same extent that they would
have been had they been assets of the probate estate.
(b) A beneficiary of property held in joint tenancy form with right
of survivorship, including without limitation United States savings
bonds or similar obligations, takes the property subject to the
decedent's liabilities, claims, estate taxes, and administration
expenses as described in subsection (1) of this section to the extent
of the decedent's beneficial ownership interest in the property
immediately before death.
(c) A beneficiary of payable-on-death or trust bank accounts,
bonds, securities, or similar obligations, including without limitation
United States bonds or similar obligations, takes the property subject
to the decedent's liabilities, claims, estate taxes, and administration
expenses as described in subsection (1) of this section, to the extent
of the decedent's beneficial ownership interest in the property
immediately before death.
(d) A beneficiary of a transfer on death deed or of deeds or
conveyances made by the decedent if possession has been postponed until
the death of the decedent takes the property subject to the decedent's
liabilities, claims, estate taxes, and administration expenses as
described in subsection (1) of this section, to the extent of the
decedent's beneficial ownership interest in the property immediately
before death.
(e) A trust for the decedent's use of which the decedent is the
grantor is subject to the decedent's liabilities, claims, estate taxes,
and administration expenses as described in subsection (1) of this
section, to the same extent as the trust was subject to claims of the
decedent's creditors immediately before death under RCW 19.36.020.
(f) A trust not for the use of the grantor but of which the
decedent is the grantor and that becomes effective or irrevocable only
upon the decedent's death is subject to the decedent's claims,
liabilities, estate taxes, and expenses of administration as described
in subsection (1) of this section.
(g) Anything in this section to the contrary notwithstanding,
nonprobate assets that existed as community property immediately before
the decedent's death are subject to the decedent's liabilities and
claims to the same extent that they would have been had they been
assets of the probate estate.
(h) The liability of a beneficiary of life insurance is governed by
chapter 48.18 RCW.
(i) The liability of a beneficiary of pension or retirement
employee benefits is governed by chapter 6.15 RCW.
(j) An inference may not be drawn from (a) through (i) of this
subsection that a beneficiary of nonprobate assets other than those
assets specifically described in (a) through (i) of this subsection
does or does not take the assets subject to claims, liabilities, estate
taxes, and administration expenses as described in subsection (1) of
this section.
(3) Nothing in this section derogates from the rights of a person
interested in the estate to recover any applicable estate tax under
chapter ((83.110)) 83.110A RCW or from the liability of any beneficiary
for estate tax under chapter ((83.110)) 83.110A RCW.
(4) Nonprobate assets that may be responsible for the satisfaction
of the decedent's general liabilities and claims abate together with
the probate assets of the estate in accord with chapter 11.10 RCW.
Sec. 22 RCW 11.86.011 and 1989 c 34 s 1 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Beneficiary" means the person entitled, but for the person's
disclaimer, to take an interest.
(2) "Interest" includes the whole of any property, real or
personal, legal or equitable, or any fractional part, share, or
particular portion or specific assets thereof, any vested or contingent
interest in any such property, any power to appoint, consume, apply, or
expend property, or any other right, power, privilege, or immunity
relating to property. "Interest" includes, but is not limited to, an
interest created in any of the following manners:
(a) By intestate succession;
(b) Under a will;
(c) Under a trust;
(d) By succession to a disclaimed interest;
(e) By virtue of an election to take against a will;
(f) By creation of a power of appointment;
(g) By exercise or nonexercise of a power of appointment;
(h) By an inter vivos gift, whether outright or in trust;
(i) By surviving the death of a depositor of a trust or P.O.D.
account within the meaning of RCW 30.22.040;
(j) Under an insurance or annuity contract;
(k) By surviving the death of another joint tenant;
(l) Under an employee benefit plan;
(m) Under an individual retirement account, annuity, or bond;
(n) Under a community property agreement; ((or))
(o) By surviving the death of a transferor of a transfer on death
deed; or
(p) Any other interest created by any testamentary or inter vivos
instrument or by operation of law.
(3) "Creator of the interest" means a person who establishes,
declares, or otherwise creates an interest.
(4) "Disclaimer" means any writing which declines, refuses,
renounces, or disclaims any interest that would otherwise be taken by
a beneficiary.
(5) "Disclaimant" means a beneficiary who executes a disclaimer on
his or her own behalf or a person who executes a disclaimer on behalf
of a beneficiary.
(6) "Person" means an individual, corporation, government,
governmental subdivision or agency, business trust, estate, trust,
partnership, association, or other entity.
(7)(a) "Date of the transfer" means:
(((a))) (i) For an inter vivos transfer, the date of the creation
of the interest; or
(((b))) (ii) For a transfer upon the death of the creator of the
interest, the date of the death of the creator.
(b) A joint tenancy interest of a deceased joint tenant ((shall
be)) is deemed to be transferred at the death of the joint tenant
rather than at the creation of the joint tenancy.
Sec. 23 RCW 11.94.050 and 2011 c 327 s 4 are each amended to read
as follows:
(1) Although a designated attorney-in-fact or agent has all powers
of absolute ownership of the principal, or the document has language to
indicate that the attorney-in-fact or agent ((shall have)) has all the
powers the principal would have if alive and competent, the attorney-in-fact or agent ((shall)) does not have the power to make, amend,
alter, or revoke the principal's wills or codicils, and ((shall)) does
not have the power, unless specifically provided otherwise in the
document: To make, amend, alter, or revoke any of the principal's life
insurance, annuity, or similar contract beneficiary designations,
employee benefit plan beneficiary designations, trust agreements,
registration of the principal's securities in beneficiary form, payable
on death or transfer on death beneficiary designations, designation of
persons as joint tenants with right of survivorship with the principal
with respect to any of the principal's property, community property
agreements, transfer on death deeds, or any other provisions for
nonprobate transfer at death contained in nontestamentary instruments
described in RCW 11.02.091; to make any gifts of property owned by the
principal; to exercise the principal's rights to distribute property in
trust or cause a trustee to distribute property in trust to the extent
consistent with the terms of the trust agreement; to make transfers of
property to any trust (whether or not created by the principal) unless
the trust benefits the principal alone and does not have dispositive
provisions which are different from those which would have governed the
property had it not been transferred into the trust; or to disclaim
property.
(2) Nothing in subsection (1) of this section prohibits an
attorney-in-fact or agent from making any transfer of resources not
prohibited under chapter 74.09 RCW when the transfer is for the purpose
of qualifying the principal for medical assistance or the limited
casualty program for the medically needy.
Sec. 24 RCW 82.45.010 and 2010 1st sp.s. c 23 s 207 are each
amended to read as follows:
(1) As used in this chapter, the term "sale" has its ordinary
meaning and includes any conveyance, grant, assignment, quitclaim, or
transfer of the ownership of or title to real property, including
standing timber, or any estate or interest therein for a valuable
consideration, and any contract for such conveyance, grant, assignment,
quitclaim, or transfer, and any lease with an option to purchase real
property, including standing timber, or any estate or interest therein
or other contract under which possession of the property is given to
the purchaser, or any other person at the purchaser's direction, and
title to the property is retained by the vendor as security for the
payment of the purchase price. The term also includes the grant,
assignment, quitclaim, sale, or transfer of improvements constructed
upon leased land.
(2)(a) The term "sale" also includes the transfer or acquisition
within any twelve-month period of a controlling interest in any entity
with an interest in real property located in this state for a valuable
consideration.
(b) For the sole purpose of determining whether, pursuant to the
exercise of an option, a controlling interest was transferred or
acquired within a twelve-month period, the date that the option
agreement was executed is the date on which the transfer or acquisition
of the controlling interest is deemed to occur. For all other purposes
under this chapter, the date upon which the option is exercised is the
date of the transfer or acquisition of the controlling interest.
(c) For purposes of this subsection, all acquisitions of persons
acting in concert must be aggregated for purposes of determining
whether a transfer or acquisition of a controlling interest has taken
place. The department must adopt standards by rule to determine when
persons are acting in concert. In adopting a rule for this purpose,
the department must consider the following:
(i) Persons must be treated as acting in concert when they have a
relationship with each other such that one person influences or
controls the actions of another through common ownership; and
(ii) When persons are not commonly owned or controlled, they must
be treated as acting in concert only when the unity with which the
purchasers have negotiated and will consummate the transfer of
ownership interests supports a finding that they are acting as a single
entity. If the acquisitions are completely independent, with each
purchaser buying without regard to the identity of the other
purchasers, then the acquisitions are considered separate acquisitions.
(3) The term "sale" does not include:
(a) A transfer by gift, devise, or inheritance.
(b) A transfer by transfer on death deed, to the extent that it is
not in satisfaction of a contractual obligation of the decedent owed to
the recipient of the property.
(c) A transfer of any leasehold interest other than of the type
mentioned above.
(((c))) (d) A cancellation or forfeiture of a vendee's interest in
a contract for the sale of real property, whether or not such contract
contains a forfeiture clause, or deed in lieu of foreclosure of a
mortgage.
(((d))) (e) The partition of property by tenants in common by
agreement or as the result of a court decree.
(((e))) (f) The assignment of property or interest in property from
one spouse or one domestic partner to the other spouse or other
domestic partner in accordance with the terms of a decree of
dissolution of marriage or state registered domestic partnership or in
fulfillment of a property settlement agreement.
(((f))) (g) The assignment or other transfer of a vendor's interest
in a contract for the sale of real property, even though accompanied by
a conveyance of the vendor's interest in the real property involved.
(((g))) (h) Transfers by appropriation or decree in condemnation
proceedings brought by the United States, the state or any political
subdivision thereof, or a municipal corporation.
(((h))) (i) A mortgage or other transfer of an interest in real
property merely to secure a debt, or the assignment thereof.
(((i))) (j) Any transfer or conveyance made pursuant to a deed of
trust or an order of sale by the court in any mortgage, deed of trust,
or lien foreclosure proceeding or upon execution of a judgment, or deed
in lieu of foreclosure to satisfy a mortgage or deed of trust.
(((j))) (k) A conveyance to the federal housing administration or
veterans administration by an authorized mortgagee made pursuant to a
contract of insurance or guaranty with the federal housing
administration or veterans administration.
(((k))) (l) A transfer in compliance with the terms of any lease or
contract upon which the tax as imposed by this chapter has been paid or
where the lease or contract was entered into prior to the date this tax
was first imposed.
(((l))) (m) The sale of any grave or lot in an established
cemetery.
(((m))) (n) A sale by the United States, this state or any
political subdivision thereof, or a municipal corporation of this
state.
(((n))) (o) A sale to a regional transit authority or public
corporation under RCW 81.112.320 under a sale/leaseback agreement under
RCW 81.112.300.
(((o))) (p) A transfer of real property, however effected, if it
consists of a mere change in identity or form of ownership of an entity
where there is no change in the beneficial ownership. These include
transfers to a corporation or partnership which is wholly owned by the
transferor and/or the transferor's spouse or domestic partner or
children of the transferor or the transferor's spouse or domestic
partner. However, if thereafter such transferee corporation or
partnership voluntarily transfers such real property, or such
transferor, spouse or domestic partner, or children of the transferor
or the transferor's spouse or domestic partner voluntarily transfer
stock in the transferee corporation or interest in the transferee
partnership capital, as the case may be, to other than (i) the
transferor and/or the transferor's spouse or domestic partner or
children of the transferor or the transferor's spouse or domestic
partner, (ii) a trust having the transferor and/or the transferor's
spouse or domestic partner or children of the transferor or the
transferor's spouse or domestic partner as the only beneficiaries at
the time of the transfer to the trust, or (iii) a corporation or
partnership wholly owned by the original transferor and/or the
transferor's spouse or domestic partner or children of the transferor
or the transferor's spouse or domestic partner, within three years of
the original transfer to which this exemption applies, and the tax on
the subsequent transfer has not been paid within sixty days of becoming
due, excise taxes become due and payable on the original transfer as
otherwise provided by law.
(((p))) (q)(i) A transfer that for federal income tax purposes does
not involve the recognition of gain or loss for entity formation,
liquidation or dissolution, and reorganization, including but not
limited to nonrecognition of gain or loss because of application of 26
U.S.C. Sec. 332, 337, 351, 368(a)(1), 721, or 731 of the internal
revenue code of 1986, as amended.
(ii) However, the transfer described in (((p))) (q)(i) of this
subsection cannot be preceded or followed within a twelve-month period
by another transfer or series of transfers, that, when combined with
the otherwise exempt transfer or transfers described in (((p))) (q)(i)
of this subsection, results in the transfer of a controlling interest
in the entity for valuable consideration, and in which one or more
persons previously holding a controlling interest in the entity receive
cash or property in exchange for any interest the person or persons
acting in concert hold in the entity. This subsection (3)(((p)))
(q)(ii) does not apply to that part of the transfer involving property
received that is the real property interest that the person or persons
originally contributed to the entity or when one or more persons who
did not contribute real property or belong to the entity at a time when
real property was purchased receive cash or personal property in
exchange for that person or persons' interest in the entity. The real
estate excise tax under this subsection (3)(((p))) (q)(ii) is imposed
upon the person or persons who previously held a controlling interest
in the entity.
(((q))) (r) A qualified sale of a manufactured/mobile home
community, as defined in RCW 59.20.030, that takes place on or after
June 12, 2008, but before December 31, 2018.
Sec. 25 RCW 82.45.197 and 2008 c 269 s 1 are each amended to read
as follows:
In order to receive an exemption from the tax in this chapter on
real property transferred as a result of inheritance under RCW
82.45.010(3)(a), the following documentation must be provided:
(1) If the property is being transferred under the terms of a
community property agreement, a copy of the recorded agreement and a
certified copy of the death certificate;
(2) If the property is being transferred under the terms of a trust
instrument, a certified copy of the death certificate and a copy of the
trust instrument showing the authority of the grantor;
(3) If the property is being transferred under the terms of a
probated will, a certified copy of the letters testamentary or in the
case of intestate administration, a certified copy of the letters of
administration showing that the grantor is the court-appointed
executor, executrix, or administrator, and a certified copy of the
death certificate;
(4) In the case of joint tenants with right of survivorship and
remainder interests, a certified copy of the death certificate is
recorded to perfect title;
(5) If the property is being transferred pursuant to a court order,
a certified copy of the court order requiring the transfer, and
confirming that the grantor is required to do so under the terms of the
order; ((or))
(6) If the community property interest of the decedent is being
transferred to a surviving spouse or surviving domestic partner absent
the documentation set forth in subsections (1) through (5) of this
section, a certified copy of the death certificate and a signed
affidavit from the surviving spouse or surviving domestic partner
affirming that he or she is the sole and rightful heir to the property;
or
(7) If the property is being transferred pursuant to a transfer on
death deed, a certified copy of the death certificate is recorded to
perfect title.
Sec. 26 RCW 82.45.150 and 1996 c 149 s 6 are each amended to read
as follows:
All of chapter 82.32 RCW, except RCW 82.32.030, 82.32.050,
82.32.140, 82.32.270, and 82.32.090 (1) and (((8))) (10), applies to
the tax imposed by this chapter, in addition to any other provisions of
law for the payment and enforcement of the tax imposed by this chapter.
The department of revenue ((shall)) must by rule provide for the
effective administration of this chapter. The rules ((shall)) must
prescribe and furnish a real estate excise tax affidavit form verified
by both the seller and the buyer, or agents of each, to be used by each
county, or the department, as the case may be, in the collection of the
tax imposed by this chapter, except that an affidavit given in
connection with grant of an easement or right-of-way to a gas,
electrical, or telecommunications company, as defined in RCW 80.04.010,
or to a public utility district or cooperative that distributes
electricity, need be verified only on behalf of the company, district,
or cooperative and except that a transfer on death deed need be
verified only on behalf of the transferor. The department of revenue
((shall)) must annually conduct audits of transactions and affidavits
filed under this chapter.
Sec. 27 RCW 84.33.140 and 2012 c 170 s 1 are each amended to read
as follows:
(1) When land has been designated as forest land under RCW
84.33.130, a notation of the designation must be made each year upon
the assessment and tax rolls. A copy of the notice of approval
together with the legal description or assessor's parcel numbers for
the land must, at the expense of the applicant, be filed by the
assessor in the same manner as deeds are recorded.
(2) In preparing the assessment roll as of January 1, 2002, for
taxes payable in 2003 and each January 1st thereafter, the assessor
must list each parcel of designated forest land at a value with respect
to the grade and class provided in this subsection and adjusted as
provided in subsection (3) of this section. The assessor must compute
the assessed value of the land using the same assessment ratio applied
generally in computing the assessed value of other property in the
county. Values for the several grades of bare forest land are as
follows:
LAND GRADE | OPERABILITY CLASS | VALUES PER ACRE |
1 | $234 | |
1 | 2 | 229 |
3 | 217 | |
4 | 157 | |
1 | 198 | |
2 | 2 | 190 |
3 | 183 | |
4 | 132 | |
1 | 154 | |
3 | 2 | 149 |
3 | 148 | |
4 | 113 | |
1 | 117 | |
4 | 2 | 114 |
3 | 113 | |
4 | 86 | |
1 | 85 | |
5 | 2 | 78 |
3 | 77 | |
4 | 52 | |
1 | 43 | |
6 | 2 | 39 |
3 | 39 | |
4 | 37 | |
1 | 21 | |
7 | 2 | 21 |
3 | 20 | |
4 | 20 | |
8 | 1 |
Sec. 28 RCW 84.34.108 and 2009 c 513 s 2, 2009 c 354 s 3, 2009 c
255 s 2, and 2009 c 246 s 3 are each reenacted and amended to read as
follows:
(1) When land has once been classified under this chapter, a
notation of the classification ((shall)) must be made each year upon
the assessment and tax rolls and the land ((shall)) must be valued
pursuant to RCW 84.34.060 or 84.34.065 until removal of all or a
portion of the classification by the assessor upon occurrence of any of
the following:
(a) Receipt of notice from the owner to remove all or a portion of
the classification;
(b) Sale or transfer to an ownership, except a transfer that
resulted from a default in loan payments made to or secured by a
governmental agency that intends to or is required by law or regulation
to resell the property for the same use as before, making all or a
portion of the land exempt from ad valorem taxation;
(c) Sale or transfer of all or a portion of the land to a new
owner, unless the new owner has signed a notice of classification
continuance, except transfer to an owner who is an heir or devisee of
a deceased owner ((shall)) or transfer by a transfer on death deed does
not, by itself, result in removal of classification. The notice of
continuance ((shall)) must be on a form prepared by the department. If
the notice of continuance is not signed by the new owner and attached
to the real estate excise tax affidavit, all additional taxes
calculated pursuant to subsection (4) of this section ((shall)) become
due and payable by the seller or transferor at time of sale. The
auditor ((shall)) may not accept an instrument of conveyance regarding
classified land for filing or recording unless the new owner has signed
the notice of continuance or the additional tax has been paid, as
evidenced by the real estate excise tax stamp affixed thereto by the
treasurer. The seller, transferor, or new owner may appeal the new
assessed valuation calculated under subsection (4) of this section to
the county board of equalization in accordance with the provisions of
RCW 84.40.038. Jurisdiction is hereby conferred on the county board of
equalization to hear these appeals;
(d)(i) Determination by the assessor, after giving the owner
written notice and an opportunity to be heard, that all or a portion of
the land no longer meets the criteria for classification under this
chapter. The criteria for classification pursuant to this chapter
continue to apply after classification has been granted.
(ii) The granting authority, upon request of an assessor, ((shall))
must provide reasonable assistance to the assessor in making a
determination whether the land continues to meet the qualifications of
RCW 84.34.020 (1) or (3). The assistance ((shall)) must be provided
within thirty days of receipt of the request.
(2) Land may not be removed from classification because of:
(a) The creation, sale, or transfer of forestry riparian easements
under RCW 76.13.120; or
(b) The creation, sale, or transfer of a fee interest or a
conservation easement for the riparian open space program under RCW
76.09.040.
(3) Within thirty days after the removal of all or a portion of the
land from current use classification under subsection (1) of this
section, the assessor ((shall)) must notify the owner in writing,
setting forth the reasons for the removal. The seller, transferor, or
owner may appeal the removal to the county board of equalization in
accordance with the provisions of RCW 84.40.038. The removal notice
must explain the steps needed to appeal the removal decision, including
when a notice of appeal must be filed, where the forms may be obtained,
and how to contact the county board of equalization.
(4) Unless the removal is reversed on appeal, the assessor
((shall)) must revalue the affected land with reference to its true and
fair value on January 1st of the year of removal from classification.
Both the assessed valuation before and after the removal of
classification ((shall)) must be listed and taxes ((shall)) must be
allocated according to that part of the year to which each assessed
valuation applies. Except as provided in subsection (6) of this
section, an additional tax, applicable interest, and penalty ((shall))
must be imposed which ((shall be)) are due and payable to the treasurer
thirty days after the owner is notified of the amount of the additional
tax. As soon as possible, the assessor ((shall)) must compute the
amount of additional tax, applicable interest, and penalty and the
treasurer ((shall)) must mail notice to the owner of the amount thereof
and the date on which payment is due. The amount of the additional
tax, applicable interest, and penalty ((shall)) must be determined as
follows:
(a) The amount of additional tax ((shall be)) is equal to the
difference between the property tax paid as "open space land," "farm
and agricultural land," or "timber land" and the amount of property tax
otherwise due and payable for the seven years last past had the land
not been so classified;
(b) The amount of applicable interest ((shall be)) is equal to the
interest upon the amounts of the additional tax paid at the same
statutory rate charged on delinquent property taxes from the dates on
which the additional tax could have been paid without penalty if the
land had been assessed at a value without regard to this chapter;
(c) The amount of the penalty ((shall be)) is as provided in RCW
84.34.080. The penalty ((shall)) may not be imposed if the removal
satisfies the conditions of RCW 84.34.070.
(5) Additional tax, applicable interest, and penalty((, shall))
become a lien on the land ((which shall attach)) that attaches at the
time the land is removed from classification under this chapter and
((shall)) have priority to and ((shall)) must be fully paid and
satisfied before any recognizance, mortgage, judgment, debt, obligation
or responsibility to or with which the land may become charged or
liable. This lien may be foreclosed upon expiration of the same period
after delinquency and in the same manner provided by law for
foreclosure of liens for delinquent real property taxes as provided in
RCW 84.64.050. Any additional tax unpaid on its due date ((shall))
will thereupon become delinquent. From the date of delinquency until
paid, interest ((shall)) must be charged at the same rate applied by
law to delinquent ad valorem property taxes.
(6) The additional tax, applicable interest, and penalty specified
in subsection (4) of this section ((shall)) may not be imposed if the
removal of classification pursuant to subsection (1) of this section
resulted solely from:
(a) Transfer to a government entity in exchange for other land
located within the state of Washington;
(b)(i) A taking through the exercise of the power of eminent
domain, or (ii) sale or transfer to an entity having the power of
eminent domain in anticipation of the exercise of such power, said
entity having manifested its intent in writing or by other official
action;
(c) A natural disaster such as a flood, windstorm, earthquake, or
other such calamity rather than by virtue of the act of the landowner
changing the use of the property;
(d) Official action by an agency of the state of Washington or by
the county or city within which the land is located which disallows the
present use of the land;
(e) Transfer of land to a church when the land would qualify for
exemption pursuant to RCW 84.36.020;
(f) Acquisition of property interests by state agencies or agencies
or organizations qualified under RCW 84.34.210 and 64.04.130 for the
purposes enumerated in those sections. At such time as these property
interests are not used for the purposes enumerated in RCW 84.34.210 and
64.04.130 the additional tax specified in subsection (4) of this
section ((shall)) must be imposed;
(g) Removal of land classified as farm and agricultural land under
RCW 84.34.020(2)(f);
(h) Removal of land from classification after enactment of a
statutory exemption that qualifies the land for exemption and receipt
of notice from the owner to remove the land from classification;
(i) The creation, sale, or transfer of forestry riparian easements
under RCW 76.13.120;
(j) The creation, sale, or transfer of a conservation easement of
private forest lands within unconfined channel migration zones or
containing critical habitat for threatened or endangered species under
RCW 76.09.040;
(k) The sale or transfer of land within two years after the death
of the owner of at least a fifty percent interest in the land if the
land has been assessed and valued as classified forest land, designated
as forest land under chapter 84.33 RCW, or classified under this
chapter continuously since 1993. The date of death shown on a death
certificate is the date used for the purposes of this subsection
(6)(k); or
(l)(i) The discovery that the land was classified under this
chapter in error through no fault of the owner. For purposes of this
subsection (6)(l), "fault" means a knowingly false or misleading
statement, or other act or omission not in good faith, that contributed
to the approval of classification under this chapter or the failure of
the assessor to remove the land from classification under this chapter.
(ii) For purposes of this subsection (6), the discovery that land
was classified under this chapter in error through no fault of the
owner is not the sole reason for removal of classification pursuant to
subsection (1) of this section if an independent basis for removal
exists. Examples of an independent basis for removal include the owner
changing the use of the land or failing to meet any applicable income
criteria required for classification under this chapter.
NEW SECTION. Sec. 29 Section 23 of this act takes effect if the
Washington uniform power of attorney act (House/Senate Bill No. . . .)
is not enacted during the 2013 regular legislative session.
NEW SECTION. Sec. 30 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 31 Sections 1 through 17 of this act
constitute a new chapter in Title