2018 Revised Code of Washington
Title 11 - PROBATE AND TRUST LAW
11.56 Sales, exchanges, leases, mortgages, and borrowing.
11.56.280 Borrowing on general credit of estate—Petition—Notice—Hearing.

RCW 11.56.280 Borrowing on general credit of estate—Petition—Notice—Hearing.

Whenever it shall appear to the satisfaction of the court that money is needed to pay debts of the estate, expenses of administration, or estate taxes, the court may by order authorize the personal representative to borrow such money, on the general credit of the estate, as appears to the court necessary for the purposes aforesaid. The time for repayment, rate of interest and form of note authorized shall be as specified by the court in its order. The money borrowed pursuant thereto shall be an obligation of the estate repayable with the same priority as unsecured claims filed against the estate. It shall be the duty of the personal representative to present a petition to the court giving a description of all the property of the estate and its character, the amount of the debts, expenses and tax obligations and such other things as will tend to assist the court in determining the necessity for the borrowing and the amount thereof. Unless the court shall by order expressly so provide, no notice of the hearing of such petition need be given, except to persons who have requested notice under the provisions of RCW 11.28.240; if, however, the court should order notice of such hearing, it shall determine upon the kind, character and time thereof. At the hearing of such petition the court may have brought before it such testimony or information as it may see fit to receive, for the foregoing purpose. The absence of any allegation in the petition shall not deprive the court of jurisdiction to authorize such borrowing.

[ 1990 c 180 § 3; 1965 c 145 § 11.56.280.]

NOTES:

Order of payment of debts: RCW 11.76.110.

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