Z-140 _______________________________________________
HOUSE BILL NO. 1004
_______________________________________________
C 133 L 85
State of Washington 49th Legislature 1985 Regular Session
By Representatives Appelwick and Hastings; by Department of Revenue request
Read first time 2/8/85 and referred to Committee on Judiciary.
AN ACT Relating to revenue and taxation; and amending RCW 11.28.120 and 43.10.067.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 11.28.120, chapter 145, Laws of 1965 and RCW 11.28.120 are each amended to read as follows:
Administration of the estate of the person dying intestate shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order:
(1) The surviving husband or wife, or such person as he or she may request to have appointed.
(2) The next of kin in the following order: (a) child or children; (b) father or mother; (c) brothers or sisters; (d) grandchildren; (e) nephews or nieces.
(3) 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.
(4) One or more of the principal creditors.
(((4)))
(5) If the persons so entitled shall fail for more than forty days after
the death of the intestate to present a petition for letters of administration,
or if it appear to the satisfaction of the court that there are no relatives or
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 any suitable person to
administer such estate.
Sec. 2. Section 43.10.067, chapter 8, Laws of 1965 as amended by section 1, chapter 268, Laws of 1981 and RCW 43.10.067 are each amended to read as follows:
No officer,
director, administrative agency, board, or commission of the state, other than
the attorney general, shall employ, appoint or retain in employment any
attorney for any administrative body, department, commission, agency, or
tribunal or any other person to act as attorney in any legal or quasi legal
capacity in the exercise of any of the powers or performance of any of the
duties specified by law to be performed by the attorney general, except where
it is provided by law to be the duty of the judge of any court or the
prosecuting attorney of any county to employ or appoint such persons:
PROVIDED, That RCW 43.10.040, and RCW 43.10.065 through 43.10.080 shall not
apply to the administration of the judicial council, the judicial
qualifications commission, the state law library, the law school of the state
university, ((or)) the administration of the state bar act by the
Washington State Bar Association, or the representation of an estate
administered by the director of the department of revenue or the director's
designee pursuant to chapter 11.28 RCW.
The
authority granted by chapter 1.08 RCW((, RCW 44.24.050,)) and RCW
44.28.140 shall not be affected hereby.