{"data":{"id":"us-wa/rcw-11.56.290","jurisdiction":"us-wa","citation":"RCW 11.56.290","heading":"Transferee for value—Beneficiary's interest in estate—Conditions.","body":"(1) This section applies in circumstances where a transferee for value has purchased a beneficiary's interest in an estate.\n(2) For purposes of this section, a transferee for value is a person who satisfies both of the following criteria:\n(a) The person purchased an interest in an estate from a beneficiary for consideration pursuant to a written agreement; and\n(b) The person regularly engages, directly or indirectly, in the purchase of beneficial interests in estates.\n(3) This section does not apply to the following transferees:\n(a) A person who is a beneficiary of the estate or a person who has a claim to distribution from the estate under another instrument or by intestate succession; or\n(b) A person who is either the registered domestic partner of the beneficiary, or is related by blood, marriage, or adoption to the beneficiary or the decedent.\n(4) An agreement to purchase an interest in an estate is effective only if all the following conditions are met:\n(a) The agreement is reduced to writing, signed by the beneficiary and transferee for value, and personally and timely delivered to the beneficiary;\n(b) The documents signed by and delivered to the beneficiary are provided in at least 10-point type and are in the same language principally used in any discussion or negotiation leading to the execution of the agreement;\n(c) The agreement signed by the beneficiary is filed with the court and served on the personal representative personally or by mail not later than 30 days following the date of its execution or the initiation of probate proceedings, whichever occurs later, and not less than 14 days prior to the motion for distribution. Prior to filing or serving such agreement, the transferee for value shall redact any personally identifying information about the beneficiary, other than the name and address of the beneficiary, from the agreement;\n(d) The transferee for value executes a declaration or affidavit attesting that the requirements of this section have been satisfied, and that declaration or affidavit is filed with the court no later than 30 days following the date of the agreement's execution or the initiation of probate proceedings, whichever occurs later, and not less than 14 days prior to the motion for distribution; and\n(e) The declaration or affidavit, and any other document signed by the beneficiary in addition to the agreement, is served on the personal representative personally or by mail concurrently with filing the declaration or affidavit with the court.\n(5) The agreement to purchase a beneficiary's interest in an estate shall include the following terms in bold type, in addition to any other terms:\n(a) The amount of consideration paid to the beneficiary;\n(b) A description of the beneficial interest, together with a good faith estimate of the value of the distribution anticipated by the transferee for value; and\n(c) The total of all costs or fees charged to the beneficiary resulting from the transfer of the beneficial interest including, but not limited to, transaction or processing fees, credit report costs, filing fees, bank or electronic transfer costs, or any other fees or costs.\n(6) An agreement to purchase a beneficiary's interest in an estate shall be voidable if it contains any of the following provisions:\n(a) A provision holding harmless the transferee for value;\n(b) A provision requiring binding arbitration;\n(c) A provision granting to the transferee for value agency powers to represent the beneficiary's interest in the decedent's estate beyond the interest transferred;\n(d) A provision granting to the transferee for value the power to hire or select the personal representative to administer the estate;\n(e) A provision requiring payment by the beneficiary to the transferee for value for services relating to matters beyond the beneficial interest transferred; or\n(f) A provision permitting the transferee for value recourse against the beneficiary if the distribution from the estate has a value less than the consideration paid by the transferee for value.\n(7) The court on its own motion, or on the motion of the personal representative or other interested person, may inquire into the circumstances surrounding the agreement to purchase the beneficial interest to determine that the requirements of this section have been satisfied.\n(8) The court may refuse to order distribution under the agreement, or may order distribution of assets on any terms that the court considers just and proper, if the court finds any of the following:\n(a) The fees, charges, or costs paid or agreed to be paid by the beneficiary were grossly unreasonable at the time of transfer;\n(b)(i) The agreement to purchase the beneficial interest was obtained by fraud, duress, or undue influence, or contained unconscionable terms at the time of transfer;\n(ii) For purposes of this subsection (8)(b), there shall be a rebuttable presumption that a purchase of a beneficial interest offered, negotiated, or agreed to within 120 days of the decedent's death was obtained by undue influence;\n(c) In addition to purchasing the beneficiary's interest in the estate, the transferee for value, or a principal or agent of, or person acting at the behest of or in concert with, the transferee for value, also purchased a major probate asset of the estate, whether such asset was identified under RCW 11.28.110(1)(d) or identified subsequently, for substantially less than fair market value; or\n(d) The transferee for value did not substantially comply with the requirements of this section.\n(9) For a willful violation of the requirements of this section, the court may order the transferee for value to pay to the beneficiary up to three times the value of the assignment, in addition to any other sanction or remedy.\n(10) Notice of any motion brought under this section shall be served on the beneficiary and on the transferee for value at least 14 days prior to the hearing.","path":["Title 11","Chapter 11.56"],"source_url":"https://app.leg.wa.gov/rcw/default.aspx?cite=11.56.290","current_through":"July 15, 2026","vintage":"","retrieved_at":"2026-09-06T00:58:31Z","sha256":"d469aac90c1e5ee630cfe5b5c54a7d9d1dde4f9506e467af7231b1b175e245a1","source_id":"us-wa","stale":false,"prev":"us-wa/rcw-11.56.280","next":"us-wa/rcw-11.56.295"},"notice":"GroundRules: Original legal text. Not legal advice."}