Revised Code of Washington
Wash. Rev. Code § 11.20.010 (2025)
Duty of custodian of will—Liability
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Any person having the custody or control of any will shall, within thirty days after he or she shall have received knowledge of the death of the testator, deliver said will to the court having jurisdiction or to the person named in the will as executor, and any executor having in his or her custody or control any will shall within forty days after he or she received knowledge of the death of the testator deliver the same to the court having jurisdiction. Any person who shall wilfully violate any of the provisions of this section shall be liable to any party aggrieved for the damages which may be sustained by such violation.
[ 2010 c 8 s 2015; 1965 c 145 s 11.20.010. Prior: 1917 c 156 s 9; RRS s 1379; prior: Code 1881 ss 1342, 1343; 1863 p 212 s 78; 1860 p 174 s 45.]
Notes:
Refusal to serve as executor: RCW 11.28.010.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 1952–2024 · leading case: In re Est. of Romano, 246 P.2d 501 (Wash. 1952).
In re Est. of Romano, 246 P.2d 501 (Wash. 1952). “As the person named in the will as executrix, she presented the will for probate, as provided in RCW 11.20.010 (Rem. Rev. Stat., § 1379). The will was thereafter rejected upon an ex parte hearing, as provided in RCW 11.”
The Est. Of Robert R. Parman, No. 85373-2 (Wash. Ct. App. Feb. 12, 2024). “Unlike RCW 11.20.010, which governs the initial delivery of a will to the court having jurisdiction or to the person named in the will as executor, 4 RCW 11.”
Nat'l Prods. Inc v. Innovative Intelligent Prods. LLC, No. 2:20-cv-00428 (W.D. Wash. Feb. 23, 2021). “Defendant cites RCW 11.20.010, which 24 provides an executor 40 days to deliver a decedent’s will to the appropriate court, and 25 RCW 11.”
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