Wash. Rev. Code » Title 11 · Chapter 11.12
Revised Code of Washington

Wash. Rev. Code § 11.12.170 (2026)

Devise of land, what passes

✓ current as of May 2026
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Every devise of land in any will shall be construed to convey all the estate of the devisor therein which he or she could lawfully devise, unless it shall clearly appear by the will that he or she intended to convey a less estate.
[ 2010 c 8 s 2013; 1965 c 145 s 11.12.170. Prior: 1917 c 156 s 39; RRS s 1409; prior: Code 1881 s 1332; 1863 p 209 s 69; 1860 p 172 s 36.]
Notes of Decisions
Cited in 5 cases, 1967–2009 · leading case: Matter of Est. of Price, 871 P.2d 1079 (Wash. Ct. App. 1994).
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Matter of Est. of Price, 871 P.2d 1079 (Wash. Ct. App. 1994). · cites it 2× “Without helpful extrinsic evidence, the trial court was required to utilize the aids to constructing wills specified in RCW 11.12.170 and established in Bergau. Bergau directs courts to look to the relationships involved and the "surrounding circumstances” of which the testator…”
Snohomish Reg'l Drug Task Force v. Real Prop. Known as 414 Newberg Road, 151 Wash. App. 743 (Wash. Ct. App. 2009). “” RCW 11.12.170 (emphasis added). To the extent that the beneficiaries believe that they were entitled to assert the innocent owner defense based on their independent claims to 414 Newberg Road (i.”
Houplin v. Stoen, 431 P.2d 998 (Wash. 1967). “It was undoubtedly passed for the same reason the 1677 English Statute of Frauds was enacted—“for the prevention of many fraudulent practices which are commonly endeavoured to be upheld by perjury and subornation of perjury.” 6 Holdsworth’s History of English Law (2d ed.”
Snohomish Drug Task Force v. 414 Newberg, 214 P.3d 928 (Wash. Ct. App. 2009). “" RCW 11.12.170 (emphasis added). [7] To the extent that the beneficiaries believe that they were entitled to assert the innocent owner defense based on their independent claims to 414 Newberg Road (i.”
In re the Est. of Taylor, 646 P.2d 776 (Wash. Ct. App. 1982). · cites it 2× “The trial court, relying on RCW 11.12.170 and Reeves v. School Dist. 59, 24 Wash.”
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