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

Wash. Rev. Code § 11.68.090 (2026)

✓ current as of May 2026
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(1) Except as otherwise provided in this chapter, a personal representative with nonintervention powers has:
(a) All powers that are granted by common law or statute to a personal representative without nonintervention powers or that a court supervising the settlement and administration of a decedent's estate may grant to a personal representative without nonintervention powers;
(b) The power to borrow money on the general credit of the estate;
(c) The power to mortgage, encumber, lease, sell, exchange, convey, assign, and otherwise transfer the decedent's real and personal property;
(d) The power to perform the decedent's contracts;
(e) The power to determine the persons entitled to the estate; to partition property, sell property, and/or distribute property pro rata or nonpro rata, and otherwise to administer and settle the decedent's estate;
(f) The powers, privileges, and limitations of liability of a trustee under chapters 11.98, 11.100, and 11.102 RCW and under the principles of equity with regard to the assets of the estate, both real and personal;
(g) Any further power appropriate to the exercise or nonexercise of a power granted under this subsection (1); and
(h) The right and authority to exercise the powers under this subsection (1) without an order of the court and without notice to, direction from, approval by, confirmation by, or intervention of any court.
(2) Except as otherwise provided in this chapter, a personal representative with nonintervention powers has the same duties, restrictions, and liabilities as a personal representative without nonintervention powers and shall act for the benefit of all persons interested in the estate, as defined in RCW 11.96A.030(6) relative to a decedent's estate, except that:
(a) A personal representative with nonintervention powers may act without an order of the court and without notice to, direction from, approval by, confirmation by, or intervention of any court;
(b) A personal representative with nonintervention powers has no duty to follow the procedures of RCW 11.76.010 through 11.76.080 or chapter 11.56 RCW; and
(c) A personal representative with nonintervention powers must exercise a discretionary power in good faith, with honest judgment, and in accordance with the terms and purposes of the probated will and the interests of the beneficiaries.
(3) Except as provided in subsection (4) of this section, a testator may by will:
(a) Add to, alter, or deny any or all of the powers and privileges conferred upon the personal representative with nonintervention powers to administer and settle the testator's estate by common law, statute, or the principles of equity; and
(b) Add to, alter, or remove any or all of the duties, restrictions, or liabilities imposed on a personal representative with nonintervention powers relative to the administration and settlement of the testator's estate by common law, statute, or the principles of equity.
(4) No testamentary provisions may limit the effect of RCW 6.32.250, 11.20.080, 11.48.010, 11.48.020 (although without the necessity of any order of a court), 11.48.030, 11.48.140,11.68.065, 11.68.070, 11.68.080, 11.68.090, 11.76.110, 11.76.150, 11.76.160, 11.76.170, or 11.96A.190, or of chapters 11.36, 11.44, 11.54, and 11.108 RCW or any other laws that preserve a marital deduction from estate taxes; and in no event may a personal representative with nonintervention powers be relieved of the duty to act in good faith, with honest judgment, and in accordance with the terms and purposes of the probated will and the interests of the beneficiaries.
(5) The common law and the principles of equity supplement this chapter.
[ 2021 c 140 s 4010; 2011 c 327 s 3; 2003 c 254 s 3; 1997 c 252 s 66; 1988 c 29 s 3; 1985 c 30 s 7. Prior: 1984 c 149 s 10; 1974 ex.s. c 117 s 21.]

Notes:

Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.
Notes of Decisions
Cited in 22 cases (4 in the last 5 years), 1982–2026 · leading case: Jones v. Jones, 152 Wash. 2d 1 (Wash. 2004).
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Jones v. Jones, 152 Wash. 2d 1 (Wash. 2004). · cites it 2× “Russell, as a nonintervention personal representative, possessed the same powers as a trustee and could distribute the land “in satisfaction of any partition or distribution, in kind, in money or both.”
In Re Est. of Jones, 93 P.3d 147 (Wash. 2004). · cites it 2× “Russell, as a nonintervention personal representative, possessed the same powers as a trustee and could distribute the land "in satisfaction of any partition or distribution, in kind, in money or both.”
In Re Est. of Ehlers, 911 P.2d 1017 (Wash. Ct. App. 1996). · cites it 3× “Loraine’s daughters first assert the copersonal representatives of Marie’s estate breached their duties by failing to assign values to certain personal property and by allowing Kenneth, an heir, to assign value to that property (arguing this was an improper delegation of their…”
Judson v. Associated Meats & Seafoods, 651 P.2d 222 (Wash. Ct. App. 1982). · cites it 4× “See RCW 11.68.090. An executrix with nonintervention powers may act with a minimum of court supervision.”
In Re the Est. of Lowe, 361 P.3d 789 (Wash. Ct. App. 2015). · cites it 2× “RCW 11.68.090(1). "If the personal representative 'has not faithfully discharged said trust or is subject to removal for any reason specified in [RCW] 11.”
Est. of Freitag v. Frontier Bank, 118 Wash. App. 222 (Wash. Ct. App. 2003). · cites it 6× “Specifically, RCW 11.68.090(1) states: Any personal representative acting under nonintervention powers may borrow money on the general credit of the estate and may mortgage, encumber, lease, sell, exchange, convey, and otherwise have the same powers, and be subject to the same…”
Est. of Freitag v. Frontier Bank, 75 P.3d 596 (Wash. Ct. App. 2003). · cites it 7× “It was decided under Article 3, not Article 4A of the UCC, and neither Snyder nor the presumption under RCW 11.68.090 applicable in this case was at issue there.”
Jones v. Jones, 116 Wash. App. 353 (Wash. Ct. App. 2003). · cites it 2× “Former RCW 11.68.090 (1988) sets forth the nonintervention administrator’s powers.”
In re Westall, 423 P.3d 930 (Wash. Ct. App. 2018). · cites it 8× “Paul relies on RCW 11.68.090(1), which states: [A] personal representative acting under nonintervention powers may .”
In Re the Est. of Ardell, 980 P.2d 771 (Wash. Ct. App. 1999). “RCW 11.68.090. Second, the will does not direct Mr.”
In the Matter of the Est. of: K. Wendell Reugh, 447 P.3d 544 (Wash. Ct. App. 2019). “RCW 11.68.090 delineates the nature of nonintervention powers: (1) Any personal representative acting under nonintervention powers may .”
Griffith v. Sherry, 158 Wash. App. 69 (Wash. Ct. App. 2010). “In this connection, we note that in jurisdictions that have adopted the Uniform Probate Code, devisees of undivided interests can elect to partition in the probate proceeding, commonly resulting in a partition agreement.”
Show all 22 citing cases →
— Wash. Rev. Code § 11.68.090(1) — 6 cases
In Re the Est. of Lowe, 361 P.3d 789 (Wash. Ct. App. 2015). “RCW 11.68.090(1). "If the personal representative 'has not faithfully discharged said trust or is subject to removal for any reason specified in [RCW] 11.”
Est. of Freitag v. Frontier Bank, 118 Wash. App. 222 (Wash. Ct. App. 2003). “Specifically, RCW 11.68.090(1) states: Any personal representative acting under nonintervention powers may borrow money on the general credit of the estate and may mortgage, encumber, lease, sell, exchange, convey, and otherwise have the same powers, and be subject to the same…”
Est. of Freitag v. Frontier Bank, 75 P.3d 596 (Wash. Ct. App. 2003). “It was decided under Article 3, not Article 4A of the UCC, and neither Snyder nor the presumption under RCW 11.68.090 applicable in this case was at issue there.”
In re Westall, 423 P.3d 930 (Wash. Ct. App. 2018). “Paul relies on RCW 11.68.090(1), which states: [A] personal representative acting under nonintervention powers may .”
Est. Of Sandra Westall (Wash. Ct. App. 2018).
— Wash. Rev. Code § 11.68.090(1)(c) — 2 cases
In Re The Est. Of: Daphne May Burns (Wash. Ct. App. 2026).
In Re The Est. Of: Daphne May Burns (Wash. Ct. App. 2026).
— Wash. Rev. Code § 11.68.090(2) — 2 cases
Griffith v. Sherry, 158 Wash. App. 69 (Wash. Ct. App. 2010). “In this connection, we note that in jurisdictions that have adopted the Uniform Probate Code, devisees of undivided interests can elect to partition in the probate proceeding, commonly resulting in a partition agreement.”
In Re Est. of Sherry, 240 P.3d 1182 (Wash. Ct. App. 2010).
— Wash. Rev. Code § 11.68.090(2)(c) — 2 cases
In Re The Est. Of: Daphne May Burns (Wash. Ct. App. 2026).
In Re The Est. Of: Daphne May Burns (Wash. Ct. App. 2026).
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