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

Wash. Rev. Code § 11.98.041 (2026)

✓ current as of May 2026
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Where a vacancy occurs in the office of trustee under the circumstances described in RCW 11.98.039 (1) or (2), the outgoing trustee is discharged upon the agreement of all parties entitled to notice or upon the expiration of thirty days after notice is given of such vacancy as required by the applicable subsection of RCW 11.98.039, whichever occurs first, or if no notice is required under RCW 11.98.039(1), upon the date the vacancy occurs, unless before the effective date of such discharge a petition is filed under RCW 11.98.039(4) regarding the appointment or change of a trustee of the trust. Where a petition is filed under RCW 11.98.039(4) regarding the appointment or change of a trustee, the superior court having jurisdiction may discharge the trustee from the trust and may appoint a successor trustee upon such terms as the court may require.
[ 2013 c 272 s 13; 1985 c 30 s 141.]

Notes:

Application—2013 c 272: See note following RCW 11.98.002.
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
Notes of Decisions
Cited in 4 cases, 2008–2011 · leading case: Foster v. Gilliam, 268 P.3d 945 (Wash. Ct. App. 2011).
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Foster v. Gilliam, 268 P.3d 945 (Wash. Ct. App. 2011). “e years from the time the breach was discovered or reasonably should have been discovered: An action against the trustee of an express trust for a breach of fiduciary duty must be brought within three years from the earlier of: (i) The time the alleged breach was discovered or…”
August v. US Bancorp, 190 P.3d 86 (Wash. Ct. App. 2008). “070(1)(a) provides: An action against the trustee of an express trust for a breach of fiduciary duty must be brought within three years from the earlier of: (i) The time the alleged breach was discovered or reasonably should have been discovered; (ii) the discharge of a trustee…”
August v. U.S. Bancorp, 146 Wash. App. 328 (Wash. Ct. App. 2008). “070(l)(a) provides: An action against the trustee of an express trust for a breach of fiduciary duty must be brought within three years from the earlier of: (i) The time the alleged breach was discovered or reasonably should have been discovered; (ii) the discharge of a trustee…”
Foster v. Gilliam, 165 Wash. App. 33 (Wash. Ct. App. 2011). “e years from the time the breach was discovered or reasonably should have been discovered: An action against the trustee of an express trust for a breach of fiduciary duty must be brought within three years from the earlier of: (i) The time the alleged breach was discovered or…”
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