Revised Code of Washington

Wash. Rev. Code § 11.96A.150 (2026)

✓ current as of May 2026
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(1) Either the superior court or any court on an appeal may, in its discretion, order costs, including reasonable attorneys' fees, to be awarded to any party: (a) From any party to the proceedings; (b) from the assets of the estate or trust involved in the proceedings; or (c) from any nonprobate asset that is the subject of the proceedings. The court may order the costs, including reasonable attorneys' fees, to be paid in such amount and in such manner as the court determines to be equitable. In exercising its discretion under this section, the court may consider any and all factors that it deems to be relevant and appropriate, which factors may but need not include whether the litigation benefits the estate or trust involved.
(2) This section applies to all proceedings governed by this title, including but not limited to proceedings involving trusts, decedent's estates and properties, and guardianship matters. This section shall not be construed as being limited by any other specific statutory provision providing for the payment of costs, including RCW 11.68.070 and 11.24.050, unless such statute specifically provides otherwise. This section shall apply to matters involving guardians and guardians ad litem.
[ 2020 c 312 s 717; 2007 c 475 s 5; 1999 c 42 s 308.]

Notes:

Effective dates2020 c 312: See note following RCW 11.130.915.
Notes of Decisions
Cited in 303 cases (100 in the last 5 years), 2000–2026 · leading case: In Re the Est. of Mower, 374 P.3d 180 (Wash. Ct. App. 2016).
In Re the Est. of Mower, 374 P.3d 180 (Wash. Ct. App. 2016). · cites it 13× “RCW 11.96A.150. The court may award any amount it “determines to be equitable.”
Kitsap Bank v. Denley, 312 P.3d 711 (Wash. Ct. App. 2013). · cites it 10× “3 The order dissolved the permanent restraining order and declared that Lanterno was the legal owner of the funds.”
Sources for Sustainable Communities v. Bldg. Indus. Ass'n, 293 P.3d 1206 (Wash. Ct. App. 2013). · cites it 8× “In exercising its discretion under this section, the court may consider any and all factors that it deems to be relevant and appropriate, which factors may but need not include whether the litigation benefits the estate or trust involved.”
Cook v. Brateng, 321 P.3d 1255 (Wash. Ct. App. 2014). · cites it 10× “310(10) did not apply to its attorney fees determination, we remand to the trial court for a redetermination of Brateng’s reasonable attorney fees under that statutory provision.”
Bale v. Allison, 294 P.3d 789 (Wash. Ct. App. 2013). · cites it 6× “John and Robert contend the trial court should have awarded them fees under the same statute, which provides in part: Either the superior court or any court on an appeal may, in its discretion, order costs, including reasonable attorneys’ fees, to be awarded to any party: (a)…”
In re the Guardianship of Lamb, 265 P.3d 876 (Wash. 2011). · cites it 5× “8 ¶11 We granted the Hardmans’ motion for direct review and consolidated McNamara with Lamb because the cases present the same central issue — namely, whether the Hardmans are entitled to compensation from their wards’ assets for general advocacy activities.”
Mueller v. Wells, 367 P.3d 580 (Wash. 2016). · cites it 3× “Attorney Fees ¶31 The Rovas request reasonable attorney fees pursuant to RCW 11.96A.150. Under RCW 11.96A.150(1), we have the discretionary authority to award reasonable attorney fees “to any party: (a) [f]rom any party to the proceedings; (b) from the assets of the estate or…”
Sloans v. Berry, 358 P.3d 426 (Wash. Ct. App. 2015). · cites it 7× “1 Sloans responded and requested mediation under TEDRA. See RCW 11.96A.”
Est. Of: Randall J. Langeland. Janell Boone, App. / X-res. v. Sharon Drown, Res. / X-app., 195 Wash. App. 74 (Wash. Ct. App. 2016). · cites it 5× “Finally, we award Drown attorney fees for this appeal, as permitted by RCW 11.96A.150. FACTS ¶3 Sharon Drown and Randall Langeland shared a committed intimate relationship (CIR) from 1991 until Lange-land’s death in January 2009.”
Palmer v. Golden, 187 P.3d 758 (Wash. Ct. App. 2008). · cites it 4× “19 for Palmer’s attorney fees and costs under RCW 11.96A.150. The court also imposed a *258 constructive trust on the funds in Golden’s personal account at Edward Jones to pay the $597,650.”
In Re Est. of Palmer, 187 P.3d 758 (Wash. Ct. App. 2008). · cites it 4× “19 for Palmer's attorney fees and costs under RCW 11.96A.150. The court also imposed a constructive trust on the funds in Golden's personal account at Edward Jones to pay the $597,650.”
In Re Est. of Black, 66 P.3d 670 (Wash. Ct. App. 2003). · cites it 4× “The court found no *677 conflict of interest in Mr. Burns's lawyers also representing the will's beneficiaries.”
— Wash. Rev. Code § 11.96A.150(1) — 173 cases
In Re the Est. of Mower, 374 P.3d 180 (Wash. Ct. App. 2016). “RCW 11.96A.150. The court may award any amount it “determines to be equitable.”
Eaden v. Est. of Evans, 181 Wash. App. 436 (Wash. Ct. App. 2014).
Mueller v. Wells, 367 P.3d 580 (Wash. 2016). “Attorney Fees ¶31 The Rovas request reasonable attorney fees pursuant to RCW 11.96A.150. Under RCW 11.96A.150(1), we have the discretionary authority to award reasonable attorney fees “to any party: (a) [f]rom any party to the proceedings; (b) from the assets of the estate or…”
Cook v. Brateng, 262 P.3d 1228 (Wash. Ct. App. 2010).
Cook v. Brateng, 262 P.3d 1228 (Wash. Ct. App. 2010).
— Wash. Rev. Code § 11.96A.150(1)(a) — 12 cases
In Re Est. of Burks, 100 P.3d 328 (Wash. Ct. App. 2004).
In Re Est. of Hitchcock, 167 P.3d 1180 (Wash. Ct. App. 2007).
In Re The Est. Of: Donald C. Muller (Wash. Ct. App. 2017).
Theresa F. Murphy v. Robert Lunden (Wash. Ct. App. 2017).
— Wash. Rev. Code § 11.96A.150(1)(b) — 2 cases
— Wash. Rev. Code § 11.96A.150(1)(c) — 5 cases
In Re The Est. Of Darlene B. Snider (Wash. Ct. App. 2017).
In Re Est. Of Khurram S. Pasha (Wash. Ct. App. 2024).
In Re The Est. Of: Homer R. House (Wash. Ct. App. 2014).
— Wash. Rev. Code § 11.96A.150(2) — 14 cases
Palmer v. Golden, 187 P.3d 758 (Wash. Ct. App. 2008). “19 for Palmer’s attorney fees and costs under RCW 11.96A.150. The court also imposed a *258 constructive trust on the funds in Golden’s personal account at Edward Jones to pay the $597,650.”
In Re Est. of Palmer, 187 P.3d 758 (Wash. Ct. App. 2008). “19 for Palmer's attorney fees and costs under RCW 11.96A.150. The court also imposed a constructive trust on the funds in Golden's personal account at Edward Jones to pay the $597,650.”
Sherwood Assisted Living, Inc. v. Finn, 156 Wash. App. 201 (Wash. Ct. App. 2010).
In Re Guardianship of Matthews, 232 P.3d 1140 (Wash. Ct. App. 2010).
— Wash. Rev. Code § 11.96A.150(a) — 3 cases
In Re the Est. of Mower, 374 P.3d 180 (Wash. Ct. App. 2016). “RCW 11.96A.150. The court may award any amount it “determines to be equitable.”
— Wash. Rev. Code § 11.96A.150(c) — 1 case
— Wash. Rev. Code § 11.96A.150(l)(a) — 5 cases
In re the Est. of Burks, 124 Wash. App. 327 (Wash. Ct. App. 2004).
Patterson v. Rosa, 147 Wash. App. 674 (Wash. Ct. App. 2008).
In re the Est. of D'Agosto, 139 P.3d 1125 (Wash. Ct. App. 2006).
In Re The Est. Of: Donald C. Muller, 389 P.3d 604 (Wash. Ct. App. 2016).
In re the Est. of Hitchcock, 167 P.3d 1180 (Wash. Ct. App. 2007).
— Wash. Rev. Code § 11.96A.150(l)(c) — 2 cases
Vaux-Michel v. Simmons, 315 P.3d 579 (Wash. Ct. App. 2013).
Est. of Dorothy C. Miller (Wash. Ct. App. 2017).
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