Revised Code of Washington

Wash. Rev. Code § 11.11.040 (2026)

✓ current as of May 2026
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In transferring nonprobate assets, a personal representative, a financial institution, or other third party may rely conclusively and entirely upon the form of the nonprobate asset and the terms of the nonprobate asset arrangement in effect on the date of death of the owner, and a personal representative or third party may rely on information provided by a financial institution or other party who has possession or control of a nonprobate asset concerning the form of the nonprobate asset and the terms of the nonprobate asset arrangement in effect on the date of death of the owner, unless the personal representative, financial institution, or other third party has actual knowledge of the existence of a claim by a testamentary beneficiary. A financial institution or other third party is not required to inquire as to either the source or ownership of any nonprobate asset in its possession or under its control, or as to the proposed application of an asset so transferred. A transfer of a nonprobate asset in accordance with this section constitutes a complete release and discharge of the financial institution or other third party from all claims relating to the nonprobate asset, regardless of whether or not the transfer is consistent with the actual ownership of the nonprobate asset.
[ 2006 c 203 s 2; 1998 c 292 s 108.]
Notes of Decisions
Cited in 3 cases, 2011–2013 · leading case: Manary v. Anderson, 292 P.3d 96 (Wash. 2013).
Manary v. Anderson, 292 P.3d 96 (Wash. 2013). · cites it 2× “040 (now codified as RCW 11.11.040), at 6 (on file with Wash. State Bar Ass’n, Real Property, Probate & Trust Section) (“[T]he SuperWill statute is not to apply to real property joint tenancies or to future interest deeds.”
Manary v. Anderson, 164 Wash. App. 569 (Wash. Ct. App. 2011). “070 is titled “Ownership rights as between individuals preserved—Testamentary beneficiary may recover nonprobate asset from beneficiary—Limitation on action to recover” and states: (1) The protection accorded to financial institutions and other third parties under RCW 11.11.040…”
MANARY v. Anderson, 265 P.3d 163 (Wash. Ct. App. 2011). “070(3) is titled "Ownership rights as between individuals preserved — Testamentary beneficiary may recover nonprobate asset from beneficiary — Limitation on action to recover" and states: *168 (1) The protection accorded to financial institutions and other third parties under…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.