11.96A.050 - Venue in proceedings involving probate or trust matters.

Venue in proceedings involving probate or trust matters.

(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.]