RCW 11.96A.050
Venue in proceedings involving probate or
trust matters. (Effective until January 1, 2012.)
(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 court of the county
where letters testamentary were granted to a personal
representative of the estate subject to the will or, in the
alternative, the superior court of the county of the situs of the
trust; and
(b) For all other trusts, in the superior court of the
county in which the situs of the trust is located, or, if the
situs is not located in the state of Washington, in any county.
(2) Venue for proceedings subject to chapter 11.88 or 11.92 RCW shall be determined under the provisions of those chapters.
(3) Venue for proceedings pertaining to the probate of
wills, the administration and disposition of a decedent's
property, including nonprobate assets, and any other matter not
identified in subsection (1) or (2) of this section, may be in
any county in the state of Washington. A party to a proceeding
may request that venue be changed if the request is made within
four months of the mailing of the notice of appointment and
pendency of probate required by RCW 11.28.237, and except for
good cause shown, venue must be moved as follows:
(a) If the decedent was a resident of the state of
Washington at the time of death, to the county of the decedent's
residence; or
(b) If the decedent was not a resident of the state of
Washington at the time of death, to any of the following:
(i) Any county in which any part of the probate estate might
be;
(ii) If there are no probate assets, any county where any
nonprobate asset might be; or
(iii) The county in which the decedent died.
(4) Once letters testamentary or of administration have been
granted in the state of Washington, all orders, settlements,
trials, and other proceedings under this title shall be had or
made in the county in which such letters have been granted unless
venue is moved as provided in subsection (2) of this section.
(5) Venue for proceedings pertaining to powers of attorney
shall be in the superior court of the county of the principal's
residence, except for good cause shown.
(6) If venue is moved, an action taken before venue is
changed is not invalid because of the venue.
(7) Any request to change venue that is made more than four
months after the commencement of the action may be granted in the
discretion of the court.
[2001 c 203 § 10; 1999 c 42 § 202.]
RCW 11.96A.050
Venue in proceedings involving probate or
trust matters. (Effective January 1, 2012.)
(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 court of the county
where the probate of the will is being administered or was
completed or, in the alternative, the superior court of the
county where any beneficiary of the trust entitled to notice
under RCW 11.97.010 resides, the county where any trustee resides
or has a place of business, or the county where any real property
that is an asset of the trust is located; and
(b) For all other trusts, in the superior court of the
county where any beneficiary of the trust entitled to notice
under RCW 11.97.010 resides, the county where any trustee resides
or has a place of business, or the county where any real property
that is an asset of the trust is located. If no county has venue
for proceedings pertaining to a trust under the preceding
sentence, then in any county.
(2) A party to a proceeding pertaining to a trust may
request that venue be changed. If the request is made within
four months of the giving of the first notice of a proceeding
pertaining to the trust, except for good cause shown, venue must
be moved to the county with the strongest connection to the trust
as determined by the court, considering such factors as the
residence of a beneficiary of the trust entitled to notice under
RCW 11.97.010, the residence or place of business of a trustee,
and the location of any real property that is an asset of the
trust.
(3) Venue for proceedings subject to chapter 11.88 or 11.92 RCW shall be determined under the provisions of those chapters.
(4) Venue for proceedings pertaining to the probate of
wills, the administration and disposition of a decedent's
property, including nonprobate assets, and any other matter not
identified in subsection (1), (2), or (3) of this section, shall
be in any county in the state of Washington that the petitioner
selects. A party to a proceeding may request that venue be
changed if the request is made within four months of the mailing
of the notice of appointment and pendency of probate required by
RCW 11.28.237, and except for good cause shown, venue must be
moved as follows:
(a) If the decedent was a resident of the state of
Washington at the time of death, to the county of the decedent's
residence; or
(b) If the decedent was not a resident of the state of
Washington at the time of death, to any of the following:
(i) Any county in which any part of the probate estate might
be;
(ii) If there are no probate assets, any county where any
nonprobate asset might be; or
(iii) The county in which the decedent died.
(5) Once letters testamentary or of administration have been
granted in the state of Washington, all orders, settlements,
trials, and other proceedings under this title shall be had or
made in the county in which such letters have been granted unless
venue is moved as provided in subsection (4) of this section.
(6) Venue for proceedings pertaining to powers of attorney
shall be in the superior court of the county of the principal's
residence, except for good cause shown.
(7) If venue is moved, an action taken before venue is
changed is not invalid because of the venue.
(8) Any request to change venue that is made more than four
months after the commencement of the action may be granted in the
discretion of the court.
[2011 c 327 § 6; 2001 c 203 § 10; 1999 c 42 § 202.]
NOTES:
Application -- Effective date -- 2011 c 327: See notes following RCW 11.103.020.