Revised Code of Washington
Wash. Rev. Code § 11.96A.260 (2026)
✓ current as of May 2026
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The legislature finds that it is in the interest of the citizens of the state of Washington to encourage the prompt and early resolution of disputes in trust, estate, and nonprobate matters. The legislature endorses the use of dispute resolution procedures by means other than litigation. The legislature also finds that the former chapter providing for the nonjudicial resolution of trust, estate, and nonprobate disputes, *chapter 11.96 RCW, has resulted in the successful resolution of thousands of disputes since 1984. The nonjudicial procedure has resulted in substantial savings of public funds by removing those disputes from the court system. Enhancement of the statutory framework supporting the nonjudicial process in *chapter 11.96 RCW would be beneficial and would foster even greater use of nonjudicial dispute methods to resolve trust, estate, and nonprobate disputes. The legislature further finds that it would be beneficial to allow parties to disputes involving trusts, estates, and nonprobate assets to have access to a process for required mediation followed by arbitration using mediators and arbitrators experienced in trust, estate, and nonprobate matters. Finally, the legislature also believes it would be beneficial to parties with disputes in trusts, estates, and nonprobate matters to clarify and streamline the statutory framework governing the procedures governing these cases in the court system.
Therefore, the legislature adopts RCW 11.96A.270 through 11.96A.320, that enhance *chapter 11.96 RCW and allow required mediation and arbitration in disputes involving trusts, estates, and nonprobate matters that are brought to the courts. RCW 11.96A.270 through 11.96A.320 also set forth specific civil procedures for handling trust and estate disputes in the court system. It is intended that the adoption of RCW 11.96A.270 through 11.96A.320 will encourage and direct all parties in trust, estate, and nonprobate matter disputes, and the court system, to provide for expeditious, complete, and final decisions to be made in disputed trust, estate, and nonprobate matters.
[ 1999 c 42 s 501.]
Notes:
*Reviser's note: Chapter 11.96 RCW was repealed by 1999 c 42 s 637, effective January 1, 2000.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 2003–2024 · leading case: Hayes v. Hayes, 342 P.3d 1161 (Wash. Ct. App. 2015).
Hayes v. Hayes, 342 P.3d 1161 (Wash. Ct. App. 2015). “In enacting the 1999 bill, the legislature found, in part, “[I]t is in the interest of the citizens of the state of Washington to encourage the prompt and early resolution of disputes in trust, estate, and nonprobate matters.”
In Re Jean F. Gardner Amended Blind Trust, 70 P.3d 168 (Wash. Ct. App. 2003). “[15] RCW 11.96A.260. [16] RCW 11.96A.040(2). [17] See Shearson/American Exp.”
Est. of Toland v. Toland, 286 P.3d 60 (Wash. Ct. App. 2012). “RCW 11.96A.260. A “matter” includes “[t]he determination of any question arising in the administration of an estate .”
Est. Of Yoland \lani\" Slough. Robert Slough v. Christine Calderbank" (Wash. Ct. App. 2013). “320 is to provide for the efficient settlement of disputes in trust, estate, and nonprobate matters through mediation and arbitration by providing any party the right to proceed first with mediation and then arbitration before formal judicial procedures may be utilized.”
In the Matter of: Madeline M. Thiede Trust (Wash. Ct. App. 2024). “RCW 11.96A.260. Under TEDRA, a “party” to a dispute arising in trust, estate, or nonprobate matters may require the parties to go to mediation prior to involving the court.”
In ve Est. of Elma L. Hayes (Wash. Ct. App. 2015). “" RCW 11.96A.260. TEDRA authorizes the court to resolve disputes by affidavits or declarations at an expedited hearing.”
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