Wash. Rev. Code » Title 11 · Chapter 11.68
Revised Code of Washington

Wash. Rev. Code § 11.68.011 (2026)

✓ current as of May 2026
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*** CHANGE IN 2026 *** (SEE 2445.SL) ***
(1) A personal representative may petition the court for nonintervention powers, whether the decedent died testate or intestate.
(2) Unless the decedent has specified in the decedent's will, if any, that the court not grant nonintervention powers to the personal representative, the court shall grant nonintervention powers to a personal representative who petitions for the powers if the court determines that the decedent's estate is solvent, taking into account probate and nonprobate assets, and that:
(a) The petitioning personal representative was named in the decedent's probated will as the personal representative;
(b) The decedent died intestate, the petitioning personal representative is the decedent's surviving spouse or surviving domestic partner, the decedent's estate is composed of community property only, and the decedent had no issue: (i) Who is living or in gestation on the date of the petition; (ii) whose identity is reasonably ascertainable on the date of the petition; and (iii) who is not also the issue of the petitioning spouse or petitioning domestic partner; or
(c) The personal representative was not a creditor of the decedent at the time of the decedent's death and the administration and settlement of the decedent's will or estate with nonintervention powers would be in the best interests of the decedent's beneficiaries and creditors. However, the administration and settlement of the decedent's will or estate with nonintervention powers will be presumed to be in the beneficiaries' and creditors' best interest until a person entitled to notice under RCW 11.68.041 rebuts that presumption by coming forward with evidence that the grant of nonintervention powers would not be in the beneficiaries' or creditors' best interests.
(3) The court may base its findings of facts necessary for the grant of nonintervention powers on: (a) Statements of witnesses appearing before the court; (b) representations contained in a verified petition for nonintervention powers, in an inventory made and returned upon oath into the court, or in an affidavit filed with the court; or (c) other proof submitted to the court.
[ 2008 c 6 s 925; 1997 c 252 s 59.]

Notes:

Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2012–2025 · leading case: Cassell v. Portelance, 294 P.3d 1 (Wash. Ct. App. 2012).
Sort: Relevance Newest Treatment
Cassell v. Portelance, 294 P.3d 1 (Wash. Ct. App. 2012). “030; RCW 11.68.011(2)(b). He issued a new order reinstating Cassell as personal representative by operation of statute.”
In the Matter of the Est. of: K. Wendell Reugh, 447 P.3d 544 (Wash. Ct. App. 2019). “RCW 11.68.011 states: (1) A personal representative may petition the court for nonintervention powers, whether the decedent died testate or intestate.”
In the Matter of the Est. of: Glenn West (Wash. Ct. App. 2025). · cites it 3× “Under RCW 11.68.011(2)(c), the trial court may refuse to grant nonintervention powers to a personal representative if administration of the decedent’s estate with nonintervention powers would not be in the best interests of the beneficiaries of the estate.”
Est. Of Michael Cohen (Wash. Ct. App. 2023). “See RCW 11.68.011 (“Settlement without court intervention”); .”
— Wash. Rev. Code § 11.68.011(2)(b) — 1 case
Cassell v. Portelance, 294 P.3d 1 (Wash. Ct. App. 2012). “030; RCW 11.68.011(2)(b). He issued a new order reinstating Cassell as personal representative by operation of statute.”
— Wash. Rev. Code § 11.68.011(2)(c) — 1 case
In the Matter of the Est. of: Glenn West (Wash. Ct. App. 2025). “Under RCW 11.68.011(2)(c), the trial court may refuse to grant nonintervention powers to a personal representative if administration of the decedent’s estate with nonintervention powers would not be in the best interests of the beneficiaries of the estate.”
— Wash. Rev. Code § 11.68.011(3) — 1 case
In the Matter of the Est. of: Glenn West (Wash. Ct. App. 2025). “Under RCW 11.68.011(2)(c), the trial court may refuse to grant nonintervention powers to a personal representative if administration of the decedent’s estate with nonintervention powers would not be in the best interests of the beneficiaries of the estate.”
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