(1) A personal representative may petition the court for nonintervention powers, whether
the decedent died testate or intestate.
(2) Unless the decedent has specified in the decedent's will, if any, that the court
not grant nonintervention powers to the personal representative, the court shall grant
nonintervention powers to a personal representative who petitions for the powers if
the court determines that the decedent's estate is solvent, taking into account probate
and nonprobate assets, and that:
(a) The petitioning personal representative was named in the decedent's probated will
as the personal representative;
(b) The decedent died intestate, the petitioning personal representative is the decedent's
surviving spouse or surviving domestic partner, the decedent's estate is composed
of community property only, and the decedent had no issue: (i) Who is living or in
gestation on the date of the petition; (ii) whose identity is reasonably ascertainable
on the date of the petition; and (iii) who is not also the issue of the petitioning
spouse or petitioning domestic partner; or
(c) The personal representative was not a creditor of the decedent at the time of
the decedent's death and the administration and settlement of the decedent's will
or estate with nonintervention powers would be in the best interests of the decedent's
beneficiaries and creditors. However, the administration and settlement of the decedent's will or estate with
nonintervention powers will be presumed to be in the beneficiaries' and creditors'
best interest until a person entitled to notice under RCW 11.68.041 rebuts that presumption by coming forward with evidence that the grant of nonintervention
powers would not be in the beneficiaries' or creditors' best interests.
(3) The court may base its findings of facts necessary for the grant of nonintervention
powers on: (a) Statements of witnesses appearing before the court; (b) representations
contained in a verified petition for nonintervention powers, in an inventory made
and returned upon oath into the court, or in an affidavit filed with the court; or
(c) other proof submitted to the court.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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