Washington trust law is practical, but it is not organized as one all-purpose code. A Washington trustee may need to read the trust document alongside the Washington Trust Act, the Trustees' Accounting Act, the investment statutes, and TEDRA, the state's trust-and-estate dispute process. The right answer can change with the kind of trust, its effective date, its terms, and the people who have an interest in it.
This guide is a consumer-facing starting point for revocable and irrevocable trusts governed by Washington law. It explains the questions trustees and beneficiaries ask most often: how a trust is created and funded, what information beneficiaries can receive, how trustee compensation works, when a TEDRA process may help, and how long a claim or a trust may last.
Where Washington trust law lives
Washington's core trust rules are spread across several statutes:
- RCW chapter 11.98, the Washington Trust Act, covers trust creation, administration, trustee powers, notice, and fiduciary duties.
- RCW chapter 11.96A, the Trust and Estate Dispute Resolution Act, or TEDRA, supplies court and noncourt routes for resolving trust disputes.
- RCW chapter 11.106 contains the Trustees' Accounting Act, including the annual-statement default.
- RCW 11.97.010 explains when the trust's own terms can change statutory defaults and preserves the trustee's duties of good faith and honest judgment.
The statutes matter, but the trust document is still the first document to read. It may name a successor trustee, set compensation, change a reporting default, or give directions that matter more than a general online answer.
For a section-by-section map of the Washington Trust Act, use our Washington Trust Act reference. This guide stays focused on the practical decisions that bring people to a Washington trust-law search in the first place.
Does Washington have a Uniform Trust Code?
No. Washington has not enacted the Uniform Trust Code as its governing trust code. Instead, Washington uses its own trust statutes, including RCW chapter 11.98, along with TEDRA and related chapters. Washington's legislature adopted some modern trust-law concepts, but that does not make a generic UTC answer automatically correct here.
That distinction matters. A form, article, or software checklist written for a UTC state may assume a different notice rule, compensation framework, dispute process, or default rule. For a Washington trust, start with the trust document and the applicable Washington RCW sections, then get Washington-specific legal advice when the decision changes rights or money.
How to create a valid Washington trust: execution and funding
RCW 11.98.008 recognizes three ways to create a trust: transferring property to another person as trustee, declaring that an owner holds identifiable property as trustee, or exercising a power of appointment in favor of a trustee. Under RCW 11.98.011, a valid trust also needs a capable trustor who intends to create it, an eligible beneficiary arrangement, duties for the trustee, and a separation between the sole trustee and sole beneficiary.
Washington's Trust Act does not make a written trust instrument the only possible proof of a trust. An oral trust can be established only by clear, cogent, and convincing evidence unless another statute requires an instrument, under RCW 11.98.014. That is not a reason to rely on an informal arrangement. A written, well-executed instrument is far easier for a bank, title company, successor trustee, beneficiary, or court to understand.
Funding is the separate step people most often miss. The document should identify the plan, but assets must be handled in the way their title or beneficiary-designation system requires. Build an asset-by-asset list, confirm who owns each account or property interest now, and document the transfer or designation that puts it under the trust plan. Our trust funding checklist is a practical place to organize that work.
For real estate, retirement plans, business interests, and assets with tax consequences, get state-specific advice before changing title or beneficiary designations. A trust can be properly drafted yet fail to control an asset that never made it into the plan.
Trustee duties in Washington
A Washington trustee's day-to-day job is not just moving money. The trustee owes loyalty to the beneficiaries and, when there are two or more beneficiaries, must act impartially with due regard for their respective interests under RCW 11.98.078. That means preserving records, following the trust's distribution standard, avoiding personal conflicts, communicating when required, and seeking help before delegating or investing beyond the trustee's ability.
The trust instrument can add to or change many statutory defaults. It cannot remove the baseline duty to act in good faith and with honest judgment. That rule is in RCW 11.97.010. A trustee who is unsure whether a proposed action is allowed should pause, identify the trust term and the relevant statute, and document the advice received.
For the broader job description, see trustee responsibilities explained. For the Washington section-by-section source material, use the Washington Trust Act reference instead of treating this guide as a substitute for the statutory text.
Trustee compensation in Washington: reasonable, not a commission schedule
Washington does not use a statewide percentage or dollar commission schedule for ordinary trustee compensation. RCW 11.98.070(26) authorizes payment of reasonable compensation to a trustee or cotrustees by considering the time, effort, skill, and responsibility involved, along with reimbursement of properly incurred expenses. The statute supplies a reasonableness framework, not a calculator.
Compensation also has to fit the trustee's fiduciary role. RCW 11.98.078(6)(b) addresses payment of reasonable compensation to a trustee or affiliate where total compensation is reasonable and the transaction is fair to beneficiaries. That is especially important when the trustee, an employer, or an affiliate is being paid for more than one role.
Start with the trust document. It may state a fee, authorize expenses, require consent, or say that a family trustee serves without a fee. If it is silent, record the work performed, time spent, responsibility assumed, expenses paid, and any compensation calculation before taking money from the trust. A beneficiary should ask for the same documentation before assuming a charge is proper.
This is different from New York's statutory commission schedule, which uses set rates. For broader context, compare our trustee compensation by state guide.
Beneficiary rights, notice, and annual accounting
Washington uses two related but different reporting rules. First, RCW 11.98.072(1) requires a trustee to keep qualified beneficiaries reasonably informed about trust administration and material facts needed to protect their interests. Unless unreasonable under the circumstances, the trustee must promptly respond to a beneficiary's information request. A qualified beneficiary includes a current permissible distributee and certain people who would take if current interests ended or the trust terminated. See RCW 11.98.002.
Second, the statute has an acceptance notice. For an irrevocable trust created after December 31, 2011, or a revocable trust that becomes irrevocable after that date, the trustee generally has 60 days after accepting the position to notify qualified beneficiaries of the trust's existence, the trustor's identity, the trustee's contact information, and the right to request information. The trustor can waive or modify the notice requirements in the statute's subsections (2) and (3). While the trustor of a revocable trust is living, no beneficiary other than the trustor has an information right under that section.
The separate annual-statement default in RCW 11.106.020 calls for an itemized written statement at least annually to each permissible distributee showing current receipts and disbursements of both principal and income. On request, that permissible distributee is entitled to an itemized statement of property then held by the trustee.
Read the instrument before treating that annual statement as absolute. RCW 11.97.010 allows a trustor to alter or relieve some statutory duties, including the RCW 11.106.020 default, while preserving the general information duty in RCW 11.98.072(1). The practical calendar is still simple: calendar the 60-day acceptance notice if it applies, set a recurring annual reporting date, respond promptly to requests, and retain proof of delivery. Our trust record-keeping guide can help a trustee keep the underlying file organized.
TrustHelm tip: TrustHelm can keep your Washington trustee's acceptance date, any applicable 60-day notice, annual statements, and delivery evidence in one plan. This helps distinguish the separate notice and reporting triggers described in RCW 11.98.072 and RCW 11.106.020.
Washington TEDRA: judicial and nonjudicial trust dispute options
TEDRA is Washington's Trust and Estate Dispute Resolution Act, found in RCW chapter 11.96A. It is not one single proceeding. It gives interested people several routes for resolving a trust matter, from a court petition to a written agreement or mediation process.
Judicial route. A TEDRA judicial proceeding is a special court proceeding that must begin as a new action, subject to the chapter's rules and the court's procedures. RCW 11.96A.090 provides the framework. This path may be appropriate when people cannot agree, a binding order is needed, or representation and jurisdiction questions require a judge.
Nonjudicial agreement. TEDRA also permits a binding written agreement for an eligible trust or estate matter when all parties agree. Under RCW 11.96A.220, the agreement identifies the subject matter and parties, is signed by all parties, and can be binding and conclusive on interested persons. Virtual representation can matter, so do not assume a person can sign for someone else without reviewing the statute and the facts.
Mediation and arbitration. A party may use the chapter's mediation and arbitration procedures. Those routes can focus the dispute and preserve a working family relationship, but they are legal processes with statutory notice and timing rules. A written resolution reached in mediation must be reflected in a nonjudicial dispute-resolution agreement.
TEDRA is not a shortcut around the trust document or the people whose interests are affected. Before choosing a route, identify the requested result, all interested parties, the trust's dispute language, and whether anyone needs legal or virtual representation.
TEDRA notice and practical timeline
The first timing question is whether the matter is judicial, consensual, or headed to mediation. In a judicial proceeding that requires notice, RCW 11.96A.110 generally requires personal service or mailing to all parties or their legal or virtual representatives, plus any other people required by law, at least 20 days before the petition hearing unless another statute or court order changes the period. Proof of service, mailing, or electronic delivery must be filed by the hearing.
For a nonjudicial agreement, the central timing issue is not a fixed statutory waiting period. It is getting every necessary party identified, informed, and willing to sign a written agreement that accurately describes the issue. That work should start before terms are negotiated, not after a family believes it has reached a deal.
Mediation has a more specific statutory rhythm. If no hearing is set, a party can serve written notice of mediation on all parties or their virtual representatives. An objection must be filed and served within 20 days. If there is no timely objection, each party must provide a list of acceptable mediators within 30 days after receiving the initial notice. If the parties cannot agree on a mediator within 10 days after those lists are due, a party may ask the court to appoint one. Once a mediator is designated, the parties and mediator set the date; if they cannot agree within 10 days, a party may ask the court to set it. The mediation itself must last at least three hours unless the matter resolves earlier. See RCW 11.96A.300.
Those dates are a process map, not a prediction of how long a dispute will take. A trust dispute can add issues of valuation, tax, capacity, representation, discovery, and court scheduling. Prompt legal advice is worthwhile before a notice is sent or a settlement is signed.
Statute of limitations for trust claims in Washington
For a beneficiary's breach-of-trust claim involving an express trust, RCW 11.96A.070 has a three-year rule tied to an adequate report. The three years run from delivery of a report that adequately discloses the potential claim and tells the beneficiary how long they have to start a proceeding. The report must be delivered in the manner provided for notice in RCW 11.96A.110.
An adequate report is more than a vague update. The statute describes information that can establish a presumption of adequate disclosure, including receipts and disbursements, beginning and ending assets and liabilities, trustee compensation, agent compensation, certain long-term agreements, conflicts, the right to seek court review, and the three-year limit itself.
If that report-based rule does not apply, the same section generally measures three years from the first of the trustee's removal, resignation, or death; the termination of the beneficiary's interest; or the termination of the trust. That does not answer every possible claim, and it does not make it safe to wait. A beneficiary who sees a concern should preserve the report and delivery date, while a trustee should retain both the report and proof of delivery.
Trust duration and Washington's Rule Against Perpetuities
Washington does not permit a trust provision to ignore perpetuities rules forever. Under RCW 11.98.130, a covered trust provision or disposition is not invalid under the rule against perpetuities during the 150 years following the instrument's effective date. After that period, a provision or disposition is deemed invalid if the assets have not already become distributable or vested.
The 150 years is not a promise that every trust will operate for that entire time. The trust's own distribution terms, tax planning, beneficiary rights, and the instrument's effective date all still matter. For these duration rules, RCW 11.98.160 uses the execution date for an irrevocable inter vivos trust and the trustor's or testator's death for a revocable inter vivos or testamentary trust.
Long-duration planning has special complexity, particularly for older instruments and trusts intended to span generations. For a broader state comparison, see dynasty trusts by state. For the Washington statutory sections behind the 150-year rule, use the Washington Trust Act reference.
What makes Washington different
Washington is distinctive less because of one dramatic rule than because several rules work together:
- It uses a Washington-specific statutory trust framework instead of a Uniform Trust Code.
- It combines general beneficiary-information duties with an acceptance notice for certain trusts and a separate annual-statement default.
- It gives families both judicial and nonjudicial ways to resolve eligible trust disputes through TEDRA.
- It treats ordinary trustee compensation as a reasonableness question rather than publishing a statewide commission table.
- It permits a 150-year perpetuities period for covered trust provisions, while still making the effective date and trust terms important.
That mix is why a generic "trustee checklist" can be helpful but incomplete. A Washington trustee should use a general checklist for records and deadlines, then confirm the governing document and state law before making a distribution, taking a fee, or trying to settle a dispute.
The most common Washington trust mistakes
Treating a UTC answer as Washington law. A search result may be accurate in a UTC state yet miss Washington's different statutes and TEDRA process.
Signing a trust and stopping there. The creation plan and the funding work are not the same task. Review the title, account, and beneficiary-designation steps for each important asset.
Missing the 60-day acceptance notice. When RCW 11.98.072(2) applies, calendar the deadline as soon as a trustee accepts the role and keep the delivery record.
Using an annual report that cannot support the trustee's position. A clear record of receipts, disbursements, property, fees, and delivery can answer beneficiary questions and may matter if a claim is later raised.
Taking a fee without a written rationale. Reasonable compensation is fact-specific. Document the trust term, services, time, expenses, and any agreement before paying a trustee or affiliate.
Treating TEDRA as informal family mediation. A nonjudicial agreement and a statutory mediation have participation, notice, and wording requirements. Get advice before relying on a signature or a deadline.
Waiting to ask about a potential claim. The report-based three-year rule makes the contents and delivery date of a report important for both trustees and beneficiaries.
How Washington compares to other states
Washington is neither a one-rule state nor a state that simply follows every UTC default. Its trustee-pay rule is based on reasonableness instead of a statutory commission schedule, its beneficiary reporting combines information, acceptance-notice, and annual-statement concepts, and TEDRA offers an unusually detailed dispute-resolution framework.
For a family choosing a trust jurisdiction, those differences may matter alongside tax, investment, directed-trust, creditor, and perpetuities rules. They are not a reason to move a trust casually. A change in situs, trustee, or governing law can have consequences far beyond a single state's reputation. Compare the state trust law guides, trustee compensation by state, and dynasty trust rules by state before discussing a change with counsel.
Frequently asked questions about Washington trust law
Does Washington use the Uniform Trust Code?
No. Washington uses its own trust statutes, especially RCW chapter 11.98, plus TEDRA and related chapters. Some Washington provisions resemble modern UTC-style rules, but a generic UTC answer should be checked against Washington law and the trust document.
How much does a trustee get paid in Washington?
Washington does not provide one statutory percentage or commission table for ordinary trustee pay. RCW 11.98.070(26) calls for reasonable compensation considering the time, effort, skill, and responsibility involved. The trust document, the services actually performed, expenses, conflicts, and total compensation all matter.
Are Washington trustees required to give beneficiaries an annual accounting?
The default annual-statement rule in RCW 11.106.020 requires an itemized statement of current receipts and disbursements to each permissible distributee at least annually, with a property statement available on request. The trust instrument can alter that default, while the general duty to keep qualified beneficiaries reasonably informed remains protected by RCW 11.98.072(1).
When must a Washington trustee notify beneficiaries?
For covered irrevocable trusts created after December 31, 2011, and revocable trusts that then become irrevocable, the acceptance notice is generally due within 60 days after the trustee accepts the position. Separate information and annual-statement duties can also apply, so a new trustee should calendar all three tasks.
Can a Washington trust dispute be resolved without court?
Often, yes. TEDRA allows an eligible matter to be resolved through a written nonjudicial agreement signed by all necessary parties, and it provides mediation and arbitration procedures. If the people cannot agree, or a court order is needed, a judicial TEDRA proceeding may be the right route.
How long does a beneficiary have to bring a Washington trust claim?
For an express-trust breach claim, RCW 11.96A.070 can set a three-year period after an adequately disclosing report is delivered with the required limitations notice. If that report rule does not apply, the statute uses other triggering events. The facts and claim type matter, so obtain legal advice quickly rather than relying on a general timeline.
Does a signed Washington trust need to be funded?
Yes, a practical trust plan needs a funding review. Washington recognizes creation by a transfer to a trustee or a declaration that identifiable property is held in trust, among other methods. Review every important asset's title or beneficiary-designation process so the plan and the ownership record match.
How long can a Washington trust last?
For covered trust provisions, Washington's rule against perpetuities permits a 150-year period measured from the instrument's effective date. That is not a universal expiration date or a substitute for reading the trust's distribution terms, especially for an older or multigenerational trust.
When to talk to an attorney
Talk with a Washington trust attorney before accepting a trusteeship you do not understand, taking trustee compensation, changing title to significant assets, relying on a waived reporting requirement, responding to a demand for records, sending a TEDRA notice, signing a nonjudicial agreement, or deciding whether a claim is timely.
It is also wise to get help when beneficiaries disagree about a distribution, a trustee has a personal or business conflict, a trust may last for generations, or a family is considering changing a trustee, situs, or governing law. A Washington lawyer can read the trust instrument together with the statutes that apply to that exact situation.
This guide is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for decisions about your trust.