Revised Code of Washington - RCW Title 11 Probate And Trust Law - Chapter 11.96A Trust And Estate Dispute Resolution

11.96A.010 Purpose
The overall purpose of this chapter is to set forth generally applicable statutory provisions for the resolution of disputes and other matters involving trusts and ...
11.96A.020 General power of courts--Intent--Plenary power of the court
(1) It is the intent of the legislature that the courts shall have full and ample power and authority under this title to administer and ...
11.96A.030 Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Matter" includes any issue, question, or dispute involving: (a) ...
11.96A.040 Original jurisdiction in probate and trust matters -- Powers of court
(1) The superior court of every county has original subject matter jurisdiction over the probate of wills and the administration of estates of incapacitated, missing, ...
11.96A.050 Venue in proceedings involving probate or trust matters
(1) Venue for proceedings pertaining to trusts shall be: (a) For testamentary trusts established under wills probated in the state of Washington, in the superior ...
11.96A.060 Exercise of powers -- Orders, writs, process, etc
The court may make, issue, and cause to be filed or served, any and all manner and kinds of orders, judgments, citations, notices, summons, and ...
11.96A.070 Statutes of limitation
(1)(a) An action against the trustee of an express trust for a breach of fiduciary duty must be brought within three years from the earlier ...
11.96A.080 Persons entitled to judicial proceedings for declaration of rights or legal relations
(1) Subject to the provisions of RCW 11.96A.260 through 11.96A.320, any party may have a judicial proceeding for the declaration of rights or legal relations ...
11.96A.090 Judicial proceedings
(1) A judicial proceeding under this title is a special proceeding under the civil rules of court. The provisions of this title governing such actions ...
11.96A.100 Procedural rules
Unless rules of court require or this title provides otherwise, or unless a court orders otherwise: (1) A judicial proceeding under RCW 11.96A.090 is to ...
11.96A.110 Notice in judicial proceedings under this title requiring notice
(1) Subject to RCW 11.96A.160, in all judicial proceedings under this title that require notice, the notice must be personally served on or mailed to ...
11.96A.115 Discovery
In all matters governed by this title, discovery shall be permitted only in the following matters: (1) A judicial proceeding that places one or more ...
11.96A.120 Application of doctrine of virtual representation
(1) This section is intended to adopt the common law concept of virtual representation. This section supplements the common law relating to the doctrine of ...
11.96A.130 Special notice
Nothing in this chapter eliminates the requirement to give notice to a person who has requested special notice under RCW 11.28.240 or 11.92.150.[1999 c 42 ...
11.96A.140 Waiver of notice
Notwithstanding any other provision of this title, notice of a hearing does not need to be given to a legally competent person who has waived ...
11.96A.150 Costs -- Attorneys' fees
(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 ...
11.96A.160 Appointment of guardian ad litem
(1) The court, upon its own motion or upon request of one or more of the parties, at any stage of a judicial proceeding or ...
11.96A.170 Trial by jury
If a party is entitled to a trial by jury and a jury is demanded, and the issues are not sufficiently made up by the ...
11.96A.180 Execution on judgments
Judgment on the issues, as well as for costs, may be entered and enforced by execution or otherwise by the court as in civil actions.[1999 ...
11.96A.190 Execution upon trust income or vested remainder -- Permitted, when
Nothing in RCW 6.32.250 shall forbid execution upon the income of any trust created by a person other than the judgment debtor for debt arising ...
11.96A.200 Appellate review
An interested party may seek appellate review of a final order, judgment, or decree of the court respecting a judicial proceeding under this title. The ...
11.96A.210 Purpose
The purpose of RCW 11.96A.220 through 11.96A.250 is to provide a binding nonjudicial procedure to resolve matters through written agreements among the parties interested in ...
11.96A.220 Binding agreement
RCW 11.96A.210 through 11.96A.250 shall be applicable to the resolution of any matter, as defined by RCW 11.96A.030, other than matters subject to chapter 11.88 ...
11.96A.230 Entry of agreement with court -- Effect
(1) Any party, or a party's legal representative, may file the written agreement or a memorandum summarizing the written agreement with the court having jurisdiction ...
11.96A.240 Judicial approval of agreement
Within thirty days of execution of the agreement by all parties, the special representative may note a hearing for presentation of the written agreement to ...
11.96A.250 Special representative
(1)(a) The personal representative or trustee may petition the court having jurisdiction over the matter for the appointment of a special representative to represent a ...
11.96A.260 Findings -- Intent
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 ...
11.96A.270 Intent -- Parties can agree otherwise. The intent of RCW 11.96A.260 through 11.96A.320 is to provide for the efficient settlement of disputes in trust, estate, and nonprobate matters through mediation and ...

11.96A.280 Scope
A party may cause the matter to be presented for mediation and then arbitration, as provided under RCW 11.96A.260 through 11.96A.320. If a party causes ...

11.96A.290 Superior court -- Venue
As used in RCW 11.96A.260 through 11.96A.320, "superior court" means: (1) Before the commencement of any legal proceedings, the appropriate superior court with respect to ...

11.96A.300 Mediation procedure
(1) Notice of mediation. A party may cause the matter to be subject to mediation by service of written notice of mediation on all parties ...

11.96A.310 Arbitration procedure
(1) When arbitration available. Arbitration under RCW 11.96A.260 through 11.96A.320 is available only if: (a) A party has first petitioned for mediation under RCW 11.96A.300 ...

11.96A.320 Petition for order compelling compliance. If a party does not comply with any procedure of RCW 11.96A.260 through 11.96A.310, the other party or parties may petition the superior court for ...

11.96A.900 Short title
This chapter may be known and cited as the trust and estate dispute resolution act or "TEDRA."[1999 c 42 § 101.] ...

11.96A.901 Captions not law -- 1999 c 42. Part headings and captions used in chapter 42, Laws of 1999 are not any part of the law.[1999 c 42 § 701.] ...

11.96A.902 Effective date -- 1999 c 42
This act takes effect January 1, 2000.[1999 c 42 § 703.] ...

Last modified: April 7, 2009