Wash. Rev. Code » Title 11 · Chapter 11.48

Wash. Rev. Code § 11.48.210

Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
*** CHANGE IN 2026 *** (SEE 2445.SL) ***
If testator by will makes provision for the compensation of his or her personal representative, that shall be taken as his or her full compensation unless he or she files in the court a written instrument renouncing all claim for the compensation provided by the will before qualifying as personal representative. The personal representative, when no compensation is provided in the will, or when he or she renounces all claim to the compensation provided in the will, shall be allowed such compensation for his or her services as the court shall deem just and reasonable. Additional compensation may be allowed for his or her services as attorney and for other services not required of a personal representative. An attorney performing services for the estate at the instance of the personal representative shall have such compensation therefor out of the estate as the court shall deem just and reasonable. Such compensation may be allowed at the final account; but at any time during administration a personal representative or his or her attorney may apply to the court for an allowance upon the compensation of the personal representative and upon attorney's fees. If the court finds that the personal representative has failed to discharge his or her duties as such in any respect, it may deny him or her any compensation whatsoever or may reduce the compensation which would otherwise be allowed.
[ 2010 c 8 s 2043; 1965 c 145 s 11.48.210. Prior: 1917 c 156 s 158; RRS s 1528; prior: Code 1881 s 1541; 1854 p 295 s 164.]

Notes:

Rules of court: SPR 98.12W.
Allowance of necessary expenses: RCW 11.48.050.
Will contests, costs: RCW 11.24.050.
Notes of Decisions
Cited in 30 cases (2 in the last 5 years), 1956–2026 · leading case: In Re the Estate of Ardell
Sort: Relevance Newest Treatment
In Re the Estate of Ardell (1999) washctapp · cites it 11× “Chatham “his payment of personal representative and attorney’s fees in violation of RCW 11.48.210, SPR [Special Proceedings Rule] 98.”
Estate Of: Randall J. Langeland. Janell Boone, App. / X-res. v. Sharon Drown, Res. / X-app. (2016) washctapp “56 RCW 11.48.050 provides that an estate’s personal representative “shall be allowed all necessary expenses in the care, management, and settlement of the estate.”
In Re the Estates of Aaberg (1980) washctapp · cites it 2× “070 and denied the executor's and attorney's fees under RCW 11.48.210. 4 Although RCW 11.68.070 incorporates the reasons for removal as specified in RCW 11.”
In Re Estate of Shaughnessy (1985) wash · cites it 2× “o the point to which [the personal representative] went and prevented the revocation of the will under which he was acting by securing a jury verdict and a judgment sustaining it, in case an appeal should be taken from that judgment, would be compelled to let the appeal go by…”
Jones v. Children's Hospital of Seattle (1993) washctapp · cites it 4× “" RCW 11.48.210. In addition, "[a]n attorney performing services for the estate at the instance of the [executor]" shall also be compensated for fees which the court determines are "just and reasonable.”
Wheeler v. Monheimer, Schermer, Van Fredenberg & Smith (1967) wash · cites it 2× “This rule applies primarily to compensation awarded to the executor, administrator and their attorneys pursuant to the provisions of RCW 11.48.210. The judgment of April 5, 1960, was not an award of attorneys’ fees for services rendered to the executor, under the provisions of…”
Vasquez v. Hawthorne (2000) washctapp “Attorney Fees The trial court transferred all of the property out of the estate to Vasquez. It should order the transfer of the property back into the estate, and we hold that Hawthorne is entitled to his attorney fees and costs for appeal from the estate under RCW 11.”
In Re Douglas'estate (1965) wash “RCW 11.48.210 requires that the trial court allow an executrix such compensation as to the court shall seem just and reasonable.”
In Re the Estate of Geer (1981) washctapp “Finally, both parties seek attorneys' fees on appeal *828 under RCW 11.48.210. That statute provides: An attorney performing services for the estate at the instance of the personal representative shall have such compensation therefor out of the estate .”
In the Matter of Estate of Stockman (1990) washctapp “An award of attorney fees in this case would not be allowable under RCW 11.48.210, but may be allowable under RCW 11.”
In Re the Estate of Bailey (1960) wash “RCW 11.48.210 requires the trial court to allow an administrator and attorney such compensation as to the court shall seem just and reasonable.”
In Re Merlino's Estate (1956) wash “RCW 11.48.210 [cf. Rem. Rev. Stat., § 1528] requires the trial court to allow an administrator and attorney-such compensation as to the court shall seem just and reasonable.”
Show all 30 citing cases →
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.