Wash. Rev. Code » Title 11 · Chapter 11.98
Revised Code of Washington

Wash. Rev. Code § 11.98.011 (2026)

✓ current as of May 2026
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(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 or is:
(i) A charitable trust;
(ii) A trust for the care of an animal, as provided in chapter 11.118 RCW; or
(iii) A trust for a noncharitable purpose, as provided in RCW 11.98.015;
(d) The trustee has duties to perform; and
(e) The same person is not the sole trustee and sole beneficiary.
(2) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.
(3) A power in a trustee to select a beneficiary from an indefinite class is valid, except to the extent that the trustee may distribute trust property to himself or herself. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.
[ 2011 c 327 s 16.]

Notes:

Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2013–2022 · leading case: Mele v. Mele (In Re Mele), 501 B.R. 357 (9th Cir. BAP 2013).
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Mele v. Mele (In Re Mele), 501 B.R. 357 (9th Cir. BAP 2013). “) RCW § 11.98.011, entitled “Trust creation — Requirements,” states among other provisions that, “A trust is created only if: .”
In Re: The Gordon & Frances Sales Fam. Trust (Wash. Ct. App. 2020). · cites it 8× “98 in 2011, states “Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust.”
North Oakes Manor, App/cross/resp v. 2nd Half Llc, Res/cross-app (Wash. Ct. App. 2019). “RCW 11.98.011(1)(a)-(c). 5 The association assigned error to the trial court’s stay of proceedings, but provided no argument or authority as to why the trial court abused its discretion in staying the proceedings.”
In Re The Est. Of: Gary M. Rusing, Laurene Rusing, App v. Christopher Rusing, Resp (Wash. Ct. App. 2021). “See RCW 11.98.011. Although no trustee is appointed, the trial court has broad power to remove and appoint trustees.”
K&W Child.'s Trust v. Est. Of William Fay (Wash. Ct. App. 2022). “RCW 11.98.011. K&W Children’s Trust did not meet the formation requirements of RCW 11.”
— Wash. Rev. Code § 11.98.011(1) — 1 case
In Re: The Gordon & Frances Sales Fam. Trust (Wash. Ct. App. 2020). “98 in 2011, states “Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust.”
— Wash. Rev. Code § 11.98.011(1)(a) — 1 case
North Oakes Manor, App/cross/resp v. 2nd Half Llc, Res/cross-app (Wash. Ct. App. 2019). “RCW 11.98.011(1)(a)-(c). 5 The association assigned error to the trial court’s stay of proceedings, but provided no argument or authority as to why the trial court abused its discretion in staying the proceedings.”
— Wash. Rev. Code § 11.98.011(1)(c) — 1 case
In Re: The Gordon & Frances Sales Fam. Trust (Wash. Ct. App. 2020). “98 in 2011, states “Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust.”
— Wash. Rev. Code § 11.98.011(2) — 1 case
In Re: The Gordon & Frances Sales Fam. Trust (Wash. Ct. App. 2020). “98 in 2011, states “Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust.”
— Wash. Rev. Code § 11.98.011(d) — 1 case
In Re: The Gordon & Frances Sales Fam. Trust (Wash. Ct. App. 2020). “98 in 2011, states “Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust.”
— Wash. Rev. Code § 11.98.011(e) — 1 case
In Re: The Gordon & Frances Sales Fam. Trust (Wash. Ct. App. 2020). “98 in 2011, states “Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust.”
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