Washington Code 11.12.470 – Electronic wills — Qualified custodians — Duties
Current as of: 2023 | Check for updates
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(1) The qualified custodian of an electronic will shall, within 30 days after he or she receives knowledge of the death of the testator:
Terms Used In Washington Code 11.12.470
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Washington Code 11.02.005
- Electronic will: means a will or codicil executed in compliance with RCW 11. See Washington Code 11.02.005
- Executor: A male person named in a will to carry out the decedent
- Executor: means a personal representative of the estate of a decedent appointed by will and the term may be used in lieu of "personal representative" wherever required by context. See Washington Code 11.02.005
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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) Deliver said electronic will to the court having jurisdiction or to the person named in the electronic will as executor; and
(b) Make an affidavit before any person authorized to administer oaths, stating (i) the manner in which the qualified custodian received the electronic will; (ii) that the electronic will was at all times in the custody of the qualified custodian; and (iii) that the electronic will in the possession of the qualified custodian has not been altered in any way since the custodian received the electronic will. Such affidavit must be delivered with the electronic will to the court having jurisdiction or the person named as executor under the electronic will.
(2) Any person who willfully violates any of the provisions of this section is liable to any party aggrieved for the damages which may be sustained by such violation.
NOTES:
Effective date—2021 c 140 §§ 1001-1016: See note following RCW 11.12.400.