# RCW 11.80.080: RCW 11.80.080: Provisional distribution—Notice of hearing—Will

> Washington · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T11_C80_S080

## Section

- **Citation:** RCW 11.80.080
- **Heading:** RCW 11.80.080: Provisional distribution—Notice of hearing—Will
- **Jurisdiction:** Washington
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Code / Title 11 / Chapter 80 / Section 080

## Text

Whenever the owner of such property shall have been absent from the county for the space of five years and his or her whereabouts are unknown and cannot with reasonable diligence be ascertained, his or her presumptive heirs at law may apply to the court for an order of provisional distribution of such property, and to be let into provisional possession thereof: PROVIDED, That such provisional distribution may be made at any time prior to the expiration of five years, when it shall be made to appear to the satisfaction of the court that there are strong presumptions that the absentee is dead; and in determining the question of presumptive death, the court shall take into consideration the habits of the absentee, the motives of and the circumstances surrounding the absence, and the reasons which may have prevented the absentee from being heard of. Notice of hearing upon application for provisional distribution shall be published in like manner as notices for the appointment of trustees are published. If the absentee left a will in the possession of any person such person shall present such will at the time of hearing of the application for provisional distribution and if it shall be made to appear to the court that the absentee has left a will and the person in possession thereof shall fail to present it, a citation shall issue requiring him or her so to do, and such will shall be opened, read, proven, filed, and recorded in the case, as are the wills of decedents.

## Nearby sections

- [RCW 11.80.010 RCW 11.80.010: Petition—Notice—Hearing—Appointment of trustee.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T11_C80_S010.md)
- [RCW 11.80.020 RCW 11.80.020: Inventory and appraisement—Bond of trustee.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T11_C80_S020.md)
- [RCW 11.80.030 RCW 11.80.030: Reports of trustee.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T11_C80_S030.md)
- [RCW 11.80.040 RCW 11.80.040: Sale of property—Application of proceeds and income.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T11_C80_S040.md)
- [RCW 11.80.050 RCW 11.80.050: Allowance for support of dependents—Sale of property.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T11_C80_S050.md)
- [RCW 11.80.055 RCW 11.80.055: Continuation of absentee's business—Performance of absentee's contracts.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T11_C80_S055.md)
- [RCW 11.80.060 RCW 11.80.060: Removal or resignation of trustee—Final account.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T11_C80_S060.md)
- [RCW 11.80.070 RCW 11.80.070: Period of trusteeship.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T11_C80_S070.md)
- [RCW 11.80.080 RCW 11.80.080: Provisional distribution—Notice of hearing—Will.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T11_C80_S080.md)
- [RCW 11.80.090 RCW 11.80.090: Hearing—Distribution—Bond of distributees.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T11_C80_S090.md)
- [RCW 11.80.100 RCW 11.80.100: Final distribution—Notice of hearing—Decree.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T11_C80_S100.md)
- [RCW 11.80.110 RCW 11.80.110: Escheat for want of presumptive heirs.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T11_C80_S110.md)
- [RCW 11.80.120 RCW 11.80.120: Personnel missing in action, interned, or captured construed as "absentee."](https://www.frixlaw.com/law-library/statutes/STATE_WA_T11_C80_S120.md)
- [RCW 11.80.130 RCW 11.80.130: Summary procedure without full trustee proceeding—When permitted—Application for order—Form.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T11_C80_S130.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_T11_C80_S080. Check the current official text before relying on it. Not legal advice.