How Washington State Law Is Organized
Washington State law is organized into the Revised Code of Washington (RCW), which contains all permanent laws currently in force. The RCW is divided into Titles, Chapters, and Sections. For example, RCW 11.12.010 refers to Title 11 (Probate and Trust Law), Chapter 12 (Wills), Section 010.
The Washington Administrative Code (WAC) contains the rules and regulations adopted by state agencies under authority granted by the legislature. For example, the Washington State Department of Revenue's rules on estate tax are found in WAC Chapter 458-57.
Washington State courts interpret the RCW and WAC. The Washington Supreme Court is the highest court in the state. The Washington Court of Appeals is divided into three divisions. Superior Courts are the trial courts of general jurisdiction in each county.
Estate Planning & Probate Law
Title 11 of the RCW governs probate and trust law in Washington State. Key chapters include:
RCW Chapter 11.02 — Definitions and General Provisions RCW Chapter 11.04 — Descent and Distribution (Intestate Succession) RCW Chapter 11.12 — Wills RCW Chapter 11.18 — Holographic Wills RCW Chapter 11.20 — Proof of Wills RCW Chapter 11.28 — Letters Testamentary and of Administration RCW Chapter 11.40 — Claims Against Estates RCW Chapter 11.68 — Personal Representatives — Powers and Duties RCW Chapter 11.84 — Slayer Act RCW Chapter 11.96A — Trust and Estate Dispute Resolution Act (TEDRA) RCW Chapter 11.98 — Trusts RCW Chapter 11.103 — Uniform Disposition of Community Property Act RCW Chapter 11.104A — Uniform Principal and Income Act RCW Chapter 11.107 — Uniform Fiduciary Income and Principal Act RCW Chapter 11.110 — Charitable Trusts
Community Property
Washington State is one of nine community property states in the United States. Under Washington community property law (RCW Chapter 26.16), property acquired during marriage is generally owned equally by both spouses, regardless of whose name is on the title or who earned the income. Property owned before marriage, or received during marriage by gift or inheritance, is generally separate property.
Community property has significant implications for estate planning. At death, each spouse can only dispose of their half of the community property. The other half belongs to the surviving spouse. This is different from common law states, where the title owner controls the property.
Washington State also recognizes registered domestic partnerships, which have the same community property rights as marriage under RCW Chapter 26.60.
Family Law
Title 26 of the RCW governs domestic relations in Washington State. Key chapters include:
RCW Chapter 26.09 — Dissolution of Marriage, Legal Separation, Declaration of Invalidity RCW Chapter 26.16 — Rights and Liabilities of Married Persons (Community Property) RCW Chapter 26.18 — Enforcement of Support Obligations RCW Chapter 26.19 — Child Support Schedule RCW Chapter 26.26A — Uniform Parentage Act RCW Chapter 26.33 — Adoption RCW Chapter 26.44 — Abuse of Children RCW Chapter 26.50 — Domestic Violence Prevention RCW Chapter 26.60 — Domestic Partnerships
Real Property Law
Title 65 of the RCW governs real property records in Washington State. Key statutes include:
RCW Chapter 65.08 — Recording of Instruments RCW Chapter 65.12 — Torrens Act (Land Registration) RCW Chapter 64.04 — Conveyances RCW Chapter 64.80 — Uniform Real Property Transfer on Death Act (Transfer on Death Deeds)
Washington State adopted the Uniform Real Property Transfer on Death Act in 2014 (effective January 1, 2015), allowing property owners to designate a beneficiary to receive real property at death without probate. See the Transfer on Death Deeds page for more information.
Washington State Courts & Legal Resources
Washington State Courts: courts.wa.gov Washington State Legislature (RCW & WAC): app.leg.wa.gov Washington State Bar Association (Attorney Lookup): wsba.org Washington State Law Library: lawlibrary.wa.gov King County Superior Court: kingcounty.gov/courts/superior-court Washington Courts — Self-Help: courts.wa.gov/selfhelp