RCW 11.98.051
Nonjudicial transfer of trust assets or administration—Notice—Consent required.
(1) The trustee may transfer trust situs (a) in accordance with RCW 11.96A.220; or (b) by giving written notice to the attorney general in the case of a charitable trust subject to chapter 11.110 RCW and to the qualified beneficiaries not less than sixty days before initiating the transfer. The notice must:
(a) State the name and mailing address of the trustee;
(b) Include a copy of the governing instrument of the trust;
(c) Include a statement of assets and liabilities of the trust dated within ninety days of the notice;
(d) State the name and mailing address of the trustee to whom the trust will be transferred together with evidence that the trustee has agreed to accept the trust in the manner provided by law of the new situs. The notice must also contain a statement of the trustee's qualifications and the name of the court, if any, having jurisdiction of that trustee or in which a proceeding with respect to the administration of the trust may be heard;
(e) State the facts supporting the requirements of RCW 11.98.045(2);
(f) Advise the recipients of the notice of the date, not less than sixty days after the giving of the notice, by which such recipients must notify the trustee of an objection to the proposed transfer; and
(g) Include a form on which the recipient may object to the proposed transfer.
(2) If the date upon which the right to object to the transfer expires without receipt by the trustee of any objection, the trustee may transfer the trust situs as provided in the notice. If the trust was registered under RCW 11.98.045(2), the trustee must file a notice of transfer of situs and termination of registration with the court of the county where the trust was registered.
(3) The authority of a trustee under this section to transfer a trust's situs terminates if a recipient of the notice notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.
(4) A change of trust situs does not authorize a change of trustee. Change of trustee of a trust requires compliance with RCW 11.98.039.
[ 2013 c 272 § 15; 2011 c 327 § 24; 1999 c 42 § 619; 1985 c 30 § 46. Prior: 1984 c 149 § 75.]
NOTES:
Application—2013 c 272: See note following RCW 11.98.002.
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Effective date—1999 c 42: See RCW 11.96A.902.
Short title—Application—Purpose—Severability—1985 c 30:See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
11.98.005 - Trust situs and governing law.
11.98.008 - Trust creation—Methods.
11.98.009 - Application of chapter.
11.98.011 - Trust creation—Requirements.
11.98.012 - Trust creation—Other jurisdictions.
11.98.013 - Trust creation—Allowable purposes.
11.98.014 - Trust creation—Oral trusts.
11.98.015 - Noncharitable trusts without ascertainable beneficiaries.
11.98.016 - Exercise of powers by co-trustees.
11.98.017 - Trusteeship—Accepting and declining—Powers without acceptance.
11.98.019 - Relinquishment of powers by trustee.
11.98.029 - Resignation of trustee.
11.98.041 - Change of trustee—Discharge of outgoing trustee, when.
11.98.045 - Criteria for transfer of trust assets or administration.
11.98.051 - Nonjudicial transfer of trust assets or administration—Notice—Consent required.
11.98.055 - Judicial transfer of situs of trusts.
11.98.060 - Power of successor trustee.
11.98.065 - Change in form of corporate trustee.
11.98.071 - Trustee's delegation of duties.
11.98.072 - Trustee—Notification requirements.
11.98.075 - Certification of trust.
11.98.078 - Trustee duty of loyalty.
11.98.080 - Consolidation of trusts.
11.98.085 - Trustee—Breach of trust—Damages.
11.98.100 - Nonliability for action or inaction based on lack of knowledge of events.
11.98.105 - Nonliability of third persons without knowledge of breach.
11.98.107 - Trustee exculpation.
11.98.108 - Nonliability of trustee—Beneficiary's consent, release, or ratification.
11.98.110 - Contract and tort liability.
11.98.130 - Rule against perpetuities.
11.98.140 - Distribution and vesting of assets.
11.98.145 - Distribution upon termination.
11.98.150 - Distribution of assets after one hundred fifty-year period.
11.98.200 - Beneficiary trustee—Limitations on power.
11.98.220 - Beneficiary trustee—Inferences of law—Judicial review.
11.98.230 - Beneficiary trustee—Income under marital deduction—Spousal power of appointment.
11.98.240 - Beneficiary trustee—Applicability—Exceptions—Election of exception—Cause of action.
11.98.900 - Application of RCW 11.98.130 through 11.98.160—RCW 11.68.090 prevails.
11.98.930 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.