RCW 11.28.030
Community property—Who entitled to letters—Waiver.
A surviving spouse or surviving domestic partner shall be entitled to administer upon the community property, notwithstanding any provisions of the will to the contrary, if the court find such spouse or such domestic partner to be otherwise qualified; but if such surviving spouse or surviving domestic partner do not make application for such appointment within forty days immediately following the death of the deceased spouse or deceased domestic partner, he or she shall be considered as having waived his or her right to administer upon such community property. If any person, other than the surviving spouse or surviving domestic partner, make application for letters testamentary on such property, prior to the expiration of such forty days, then the court, before making any such appointment, shall require notice of such application to be given the said surviving spouse or surviving domestic partner, for such time and in such manner as the court may determine, unless such applicant show to the satisfaction of the court that there is no surviving spouse or surviving domestic partner or that he or she has in writing waived the right to administer upon such community property.
[ 2008 c 6 § 913; 1965 c 145 § 11.28.030. Prior: 1917 c 156 § 49; RRS § 1419.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.28 - Letters Testamentary and of Administration.
11.28.010 - Letters to executors—Refusal to serve—Disqualification.
11.28.020 - Objections to appointment.
11.28.030 - Community property—Who entitled to letters—Waiver.
11.28.040 - Procedure during minority or absence of executor.
11.28.050 - Powers of remaining executors on removal of associate.
11.28.060 - Administration with will annexed on death of executor.
11.28.070 - Authority of administrator with will annexed.
11.28.085 - Records and certification of letters—Record of bonds.
11.28.090 - Execution and form of letters testamentary.
11.28.100 - Form of letters with will annexed.
11.28.110 - Application for letters of administration or adjudication of intestacy and heirship.
11.28.120 - Persons entitled to letters.
11.28.140 - Form of letters of administration.
11.28.150 - Revocation of letters by discovery of will.
11.28.160 - Cancellation of letters of administration.
11.28.170 - Oath of personal representative.
11.28.190 - Examination of sureties—Additional security—Costs.
11.28.210 - New or additional bond.
11.28.220 - Persons disqualified as sureties.
11.28.230 - Bond not void for want of form—Successive recoveries.
11.28.235 - Limitation of action against sureties.
11.28.238 - Notice of appointment as personal representative—Notice to department of revenue.
11.28.240 - Request for special notice of proceedings in probate—Prohibitions.
11.28.250 - Revocation of letters—Causes.
11.28.260 - Revocation of letters—Proceedings in court or chambers.
11.28.280 - Successor personal representative.
11.28.290 - Accounting on death, resignation, or revocation of letters.
11.28.300 - Proceedings against delinquent personal representative.
11.28.330 - Notice of adjudication of testacy or intestacy and heirship—Contents—Service or mailing.