Wash. Rev. Code » Title 11 · Chapter 11.11
Revised Code of Washington

Wash. Rev. Code § 11.11.010 (2026)

Definitions

✓ current as of May 2026
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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
(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.
[ 2014 c 58 s 20; 2008 c 6 s 909; 1998 c 292 s 104.]

Notes:

Uniformity of application and construction—Relation to electronic signatures in global and national commerce act—2014 c 58: See RCW 64.80.903 and 64.80.904.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 2004–2024 · leading case: Manary v. Anderson, 292 P.3d 96 (Wash. 2013).
Sort: Relevance Newest Treatment
Manary v. Anderson, 292 P.3d 96 (Wash. 2013). · cites it 19× “” RCW 11.11.010(10). Anderson is named under Homer’s will to receive Homer’s interest in the property, a nonprobate asset, so Anderson is a testamentary beneficiary.”
Palmer v. Golden, 187 P.3d 758 (Wash. Ct. App. 2008). · cites it 3× “The trial court denied the motion, finding it untimely and holding that the statute did not apply because Palmer was not a “testamentary beneficiary” as defined in RCW 11.11.010(10). ¶14 The trial court entered judgment to Palmer for (1) $407,270.”
In Re Est. of Palmer, 187 P.3d 758 (Wash. Ct. App. 2008). · cites it 3× “The trial court denied the motion, finding it untimely and holding that the statute did not apply because Palmer was not a "testamentary beneficiary" as defined in RCW 11.11.010(10). ¶ 14 The trial court entered judgment to Palmer for (1) $407,270.”
Est. Of Carol Collister, 382 P.3d 37 (Wash. Ct. App. 2016). · cites it 3× “2 Our legislature amended RCW 11.11.010 in 2014, and the amended language went into effect after Collister’s death.”
In Re Est. of Burks, 100 P.3d 328 (Wash. Ct. App. 2004). “The definition of "nonprobate asset" under RCW 11.11.010(7) is, except for some inapplicable exceptions, the same as the definition under RCW 11.”
In re the Est. of Burks, 124 Wash. App. 327 (Wash. Ct. App. 2004). “¶11 The definition of “nonprobate asset” under RCW 11.11.010(7) is, except for some inapplicable exceptions, the same as the definition under RCW 11.”
In Re Est. of Cordero, 113 P.3d 16 (Wash. Ct. App. 2005). “Dahle argues that this evidence does not satisfy RCW 11.11.010(5), providing, "`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'…”
Manary v. Anderson, 164 Wash. App. 569 (Wash. Ct. App. 2011). · cites it 5× “” RCW 11.11.010(10) defines a “testamentary beneficiary” as “a person named under the owner’s will to receive a nonprobate asset under this chapter.”
MANARY v. Anderson, 265 P.3d 163 (Wash. Ct. App. 2011). · cites it 5× “" RCW 11.11.010(10) defines a "testamentary beneficiary" as "a person named under the owner's will to receive a nonprobate asset under this chapter.”
Dahle v. Nadolski, 127 Wash. App. 783 (Wash. Ct. App. 2005). “Dahle argues that this evidence does not satisfy RCW 11.11.010(5), providing, “‘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’…”
In Re The Est. Of Sharon Marie O'hara (Wash. Ct. App. 2024). · cites it 4× “Here, the clause attempting to dispose of the IRAs is the residuary clause in Sharon’s will, which makes this a testamentary disposition.”
In Re The Est. Of Carol L. Wood (Wash. Ct. App. 2020). “RCW 11.11.010(7)(a)(v). And even if RCW 11.”
— Wash. Rev. Code § 11.11.010(10) — 5 cases
Palmer v. Golden, 187 P.3d 758 (Wash. Ct. App. 2008). “The trial court denied the motion, finding it untimely and holding that the statute did not apply because Palmer was not a “testamentary beneficiary” as defined in RCW 11.11.010(10). ¶14 The trial court entered judgment to Palmer for (1) $407,270.”
In Re Est. of Palmer, 187 P.3d 758 (Wash. Ct. App. 2008). “The trial court denied the motion, finding it untimely and holding that the statute did not apply because Palmer was not a "testamentary beneficiary" as defined in RCW 11.11.010(10). ¶ 14 The trial court entered judgment to Palmer for (1) $407,270.”
Manary v. Anderson, 292 P.3d 96 (Wash. 2013). “” RCW 11.11.010(10). Anderson is named under Homer’s will to receive Homer’s interest in the property, a nonprobate asset, so Anderson is a testamentary beneficiary.”
Manary v. Anderson, 164 Wash. App. 569 (Wash. Ct. App. 2011). “” RCW 11.11.010(10) defines a “testamentary beneficiary” as “a person named under the owner’s will to receive a nonprobate asset under this chapter.”
MANARY v. Anderson, 265 P.3d 163 (Wash. Ct. App. 2011). “" RCW 11.11.010(10) defines a "testamentary beneficiary" as "a person named under the owner's will to receive a nonprobate asset under this chapter.”
— Wash. Rev. Code § 11.11.010(5) — 2 cases
In Re Est. of Cordero, 113 P.3d 16 (Wash. Ct. App. 2005). “Dahle argues that this evidence does not satisfy RCW 11.11.010(5), providing, "`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'…”
Dahle v. Nadolski, 127 Wash. App. 783 (Wash. Ct. App. 2005). “Dahle argues that this evidence does not satisfy RCW 11.11.010(5), providing, “‘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’…”
— Wash. Rev. Code § 11.11.010(6) — 2 cases
Palmer v. Golden, 187 P.3d 758 (Wash. Ct. App. 2008). “The trial court denied the motion, finding it untimely and holding that the statute did not apply because Palmer was not a “testamentary beneficiary” as defined in RCW 11.11.010(10). ¶14 The trial court entered judgment to Palmer for (1) $407,270.”
In Re Est. of Palmer, 187 P.3d 758 (Wash. Ct. App. 2008). “The trial court denied the motion, finding it untimely and holding that the statute did not apply because Palmer was not a "testamentary beneficiary" as defined in RCW 11.11.010(10). ¶ 14 The trial court entered judgment to Palmer for (1) $407,270.”
— Wash. Rev. Code § 11.11.010(7) — 4 cases
Manary v. Anderson, 292 P.3d 96 (Wash. 2013). “” RCW 11.11.010(10). Anderson is named under Homer’s will to receive Homer’s interest in the property, a nonprobate asset, so Anderson is a testamentary beneficiary.”
In Re Est. of Burks, 100 P.3d 328 (Wash. Ct. App. 2004). “The definition of "nonprobate asset" under RCW 11.11.010(7) is, except for some inapplicable exceptions, the same as the definition under RCW 11.”
In re the Est. of Burks, 124 Wash. App. 327 (Wash. Ct. App. 2004). “¶11 The definition of “nonprobate asset” under RCW 11.11.010(7) is, except for some inapplicable exceptions, the same as the definition under RCW 11.”
In Re The Est. Of Sharon Marie O'hara (Wash. Ct. App. 2024). “Here, the clause attempting to dispose of the IRAs is the residuary clause in Sharon’s will, which makes this a testamentary disposition.”
— Wash. Rev. Code § 11.11.010(7)(a) — 4 cases
Manary v. Anderson, 292 P.3d 96 (Wash. 2013). “” RCW 11.11.010(10). Anderson is named under Homer’s will to receive Homer’s interest in the property, a nonprobate asset, so Anderson is a testamentary beneficiary.”
Est. Of Carol Collister, 382 P.3d 37 (Wash. Ct. App. 2016). “2 Our legislature amended RCW 11.11.010 in 2014, and the amended language went into effect after Collister’s death.”
Manary v. Anderson, 164 Wash. App. 569 (Wash. Ct. App. 2011). “” RCW 11.11.010(10) defines a “testamentary beneficiary” as “a person named under the owner’s will to receive a nonprobate asset under this chapter.”
MANARY v. Anderson, 265 P.3d 163 (Wash. Ct. App. 2011). “" RCW 11.11.010(10) defines a "testamentary beneficiary" as "a person named under the owner's will to receive a nonprobate asset under this chapter.”
— Wash. Rev. Code § 11.11.010(7)(a)(i) — 1 case
Manary v. Anderson, 292 P.3d 96 (Wash. 2013). “” RCW 11.11.010(10). Anderson is named under Homer’s will to receive Homer’s interest in the property, a nonprobate asset, so Anderson is a testamentary beneficiary.”
— Wash. Rev. Code § 11.11.010(7)(a)(ii) — 1 case
Manary v. Anderson, 292 P.3d 96 (Wash. 2013). “” RCW 11.11.010(10). Anderson is named under Homer’s will to receive Homer’s interest in the property, a nonprobate asset, so Anderson is a testamentary beneficiary.”
— Wash. Rev. Code § 11.11.010(7)(a)(v) — 2 cases
In Re The Est. Of Sharon Marie O'hara (Wash. Ct. App. 2024). “Here, the clause attempting to dispose of the IRAs is the residuary clause in Sharon’s will, which makes this a testamentary disposition.”
In Re The Est. Of Carol L. Wood (Wash. Ct. App. 2020). “RCW 11.11.010(7)(a)(v). And even if RCW 11.”
— Wash. Rev. Code § 11.11.010(8) — 3 cases
Manary v. Anderson, 292 P.3d 96 (Wash. 2013). “” RCW 11.11.010(10). Anderson is named under Homer’s will to receive Homer’s interest in the property, a nonprobate asset, so Anderson is a testamentary beneficiary.”
Manary v. Anderson, 164 Wash. App. 569 (Wash. Ct. App. 2011). “” RCW 11.11.010(10) defines a “testamentary beneficiary” as “a person named under the owner’s will to receive a nonprobate asset under this chapter.”
MANARY v. Anderson, 265 P.3d 163 (Wash. Ct. App. 2011). “" RCW 11.11.010(10) defines a "testamentary beneficiary" as "a person named under the owner's will to receive a nonprobate asset under this chapter.”
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