Washington Code 11.12.460 – Electronic wills — Qualified custodians — Eligibility
Current as of: 2023 | Check for updates
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(1) The following may serve as a qualified custodian:
Terms Used In Washington Code 11.12.460
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Washington Code 11.02.005
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Testator: A male person who leaves a will at death.
(a) Any suitable person over the age of 18 years, who is a resident of the state of Washington at the time the electronic will was signed;
(b) A trust company regularly organized under the laws of this state and national banks when authorized to do so;
(c) A nonprofit corporation, if the articles of incorporation or bylaws of that corporation permit the action and if the corporation is in compliance with all applicable provisions of Title 24 RCW;
(d) Any professional service corporations, professional limited liability companies, or limited liability partnerships, that are duly organized under the laws of this state and whose shareholders, members, or partners, respectively, are exclusively attorneys; and
(e) A will repository in the county in which the testator is domiciled.
(2) The following are disqualified to serve as a qualified custodian:
(a) Minors, persons of unsound mind, or persons who have been convicted of (i) any felony or (ii) any crime involving moral turpitude;
(b) An individual who is an heir, beneficiary, or otherwise has an interest in [the] testator’s estate; and
(c) Corporations, limited liability companies, limited liability partnerships, except as provided in subsection (1) of this section.
NOTES:
Effective date—2021 c 140 §§ 1001-1016: See note following RCW 11.12.400.