Revised Code of Washington
Wash. Rev. Code § 11.28.030 (2026)
✓ current as of May 2026
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A surviving spouse or surviving domestic partner shall be entitled to administer upon the community property, notwithstanding any provisions of the will to the contrary, if the court find such spouse or such domestic partner to be otherwise qualified; but if such surviving spouse or surviving domestic partner do not make application for such appointment within forty days immediately following the death of the deceased spouse or deceased domestic partner, he or she shall be considered as having waived his or her right to administer upon such community property. If any person, other than the surviving spouse or surviving domestic partner, make application for letters testamentary on such property, prior to the expiration of such forty days, then the court, before making any such appointment, shall require notice of such application to be given the said surviving spouse or surviving domestic partner, for such time and in such manner as the court may determine, unless such applicant show to the satisfaction of the court that there is no surviving spouse or surviving domestic partner or that he or she has in writing waived the right to administer upon such community property.
Notes:
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1956–2026 · leading case: Cassell v. Portelance, 294 P.3d 1 (Wash. Ct. App. 2012).
Cassell v. Portelance, 294 P.3d 1 (Wash. Ct. App. 2012). “See RCW 11.28.030; RCW 11.68.011(2)(b). He issued a new order reinstating Cassell as personal representative by operation of statute.”
In Re Est. of Lyman, 503 P.2d 1127 (Wash. Ct. App. 1972). “It is true that under RCW 11.28.030, conferring upon the surviving spouse the prior right to administer community property, and under RCW 11.”
In Re the Est. of Shippy, 678 P.2d 848 (Wash. Ct. App. 1984). “Here, the Washington probate court necessarily is concerned with matters such as (1) who is entitled, as "surviving spouse," to administer upon community property, if any, under RCW 11.28.030; (2) who is the "surviving spouse" under the provisions for family support, RCW 11.”
Providence Hosp. v. Scheldt, 536 P.2d 4 (Wash. Ct. App. 1975). “RCW 11.28.030. The hospital timely filed its creditor’s claim on March 2, 1973.”
In re Westall, 423 P.3d 930 (Wash. Ct. App. 2018). “However, as the surviving spouse, Paul had the right under RCW 11.28.030 to serve as the personal representative of the community property portion of Sandra's estate.”
In Re Gordon's Est., 326 P.2d 340 (Wash. 1958). “Appellant’s qualification as administrator of the community property was a right given by statute (RCW 11.28.030), irrespective of the validity of the will.”
Est. Of Sandra Westall (Wash. Ct. App. 2018). “However, as the surviving spouse, Paul had the right under RCW 11.28.030 to serve as the personal representative of the community property portion of Sandra’s estate.”
In the Matter of the Est. Of: Marilyn Sue Hein (Wash. Ct. App. 2021). “He sought appointment as personal representative “pursuant to RCW 11.28.030,” which permits a surviving spouse to administer a decedent’s community property notwithstanding any provisions of the will 3 No.”
Est. Of Angela Elaine Nowell (Wash. Ct. App. 2026). “Corporations, minors, persons of unsound mind, or persons who have been convicted of any felony or of a misdemeanor involving moral turpitude are disqualified to act as personal representatives.”
State ex rel. Litchman v. Superior Court, 304 P.2d 1044 (Wash. 1956). “RCW 11.28.030])), gives the surviving spouse the right to “.”
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