RCW 11.68.130
Power to construe and interpret will.
(1) A personal representative with nonintervention powers has the power to construe and interpret the terms of a probated will, except as the probated will or an order of the court may otherwise direct.
(2) Unless otherwise provided in the probated will:
(a) A party, as defined in RCW 11.96A.030, may either petition the court under chapter 11.96A RCW to have an ambiguous provision of a probated will construed by the court or may otherwise address, resolve, and settle the matter under the procedures provided under chapter 11.96A RCW; and
(b) There is a rebuttable presumption that the construction of an ambiguous provision that is made by a personal representative with nonintervention powers is consistent with the intent of the testator.
(3) A party, as defined in RCW 11.96A.030, may commence an action to reform the terms of a will as provided in RCW 11.96A.125.
[ 2021 c 140 § 4007.]
NOTES:
Application—2021 c 140 §§ 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.68 - Settlement of Estates Without Administration.
11.68.011 - Settlement without court intervention—Petition—Conditions—Exceptions.
11.68.021 - Hearing on petition for nonintervention powers.
11.68.041 - Petition for nonintervention powers—Notice requirements—Exceptions.
11.68.050 - Objections to granting of nonintervention powers—Restrictions.
11.68.070 - Procedure when personal representative recreant to trust or subject to removal.
11.68.085 - Nonintervention powers—Generally.
11.68.095 - Co-personal representatives—Powers.
11.68.100 - Closing of estate—Alternative decrees—Notice—Hearing—Fees.
11.68.120 - Nonintervention powers not deemed waived by obtaining order or decree.
11.68.130 - Power to construe and interpret will.
11.68.140 - Party to transactions—Presumption of necessity.
11.68.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.