Revised Code of Washington

Wash. Rev. Code § 11.98.008 (2026)

✓ current as of May 2026
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A trust may be created by:
(1) Transfer of property to another person as trustee during the trustor's lifetime or by will or other disposition taking effect upon the trustor's death;
(2) Declaration by the owner of property that the owner holds identifiable property as trustee; or
(3) Exercise of a power of appointment in favor of a trustee.
[ 2011 c 327 s 15.]

Notes:

ApplicationEffective date2011 c 327: See notes following RCW 11.103.020.
Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2021–2022 · leading case: K&W Child.'s Trust v. Est. Of William Fay (Wash. Ct. App. 2022).
K&W Child.'s Trust v. Est. Of William Fay (Wash. Ct. App. 2022). · cites it 2× “RCW 11.98.008. Additionally: (1) A trust is created only if: (a) The trustor has capacity to create a trust; (b) The trustor indicates an intention to create the trust; (c) The trust has a definite beneficiary .”
JoLynn Reugh-Kovalsky v. Thomas Culbertson & Lukins & Annis, P.S. (Wash. Ct. App. 2021). “A trust may be created by: (1) Transfer of property to another person as trustee during the trustor’s lifetime or by will or other disposition taking effect upon the trustor’s death; (2) Declaration by the owner of property that the owner holds identifiable property as trustee;…”
In the Matter of the Est. of: K. Wendell Reugh (Wash. Ct. App. 2021). “250; RCW 11.98.008. This is true even if a trust is previously unfunded.”
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