Washington § 11.28.030 - Community property — Who entitled to letters — Waiver.

Full text of Washington Revised Code of Washington § 11.28.030 — Community property — Who entitled to letters — Waiver., with citation guidance and answers to common questions.

§ 11.28.030. Community property — Who entitled to letters — Waiver.

A surviving spouse or surviving domestic partner shall be entitled to administer upon the community property, notwithstanding any provisions of the will to the contrary, if the court find such spouse or such domestic partner to be otherwise qualified; but if such surviving spouse or surviving domestic partner do not make application for such appointment within forty days immediately following the death of the deceased spouse or deceased domestic partner, he or she shall be considered as having waived his or her right to administer upon such community property. If any person, other than the surviving spouse or surviving domestic partner, make application for letters testamentary on such property, prior to the expiration of such forty days, then the court, before making any such appointment, shall require notice of such application to be given the said surviving spouse or surviving domestic partner, for such time and in such manner as the court may determine, unless such applicant show to the satisfaction of the court that there is no surviving spouse or surviving domestic partner or that he or she has in writing waived the right to administer upon such community property.
[ 2008 c 6 s 913; 1965 c 145 s 11.28.030. Prior: 1917 c 156 s 49; RRS s 1419.]

Notes

Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

Source: official Washington text · Last verified 2026-08-27

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Frequently Asked Questions About Washington § 11.28.030

What does Revised Code of Washington § 11.28.030 cover?

Section 11.28.030 ("Community property — Who entitled to letters — Waiver.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 11.28.030?

A common citation format is "Revised Code of Washington § 11.28.030" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 11.28.030 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

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