Title 11 — Title 11 PROBATE AND TRUST LAW
52 chapters · 970 sections in this title.
RCW 11.54.001 Purpose—Applicability.
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(1) The purposes of this chapter are:(a) To clarify the exemptions from attachment, execution, and forced sale that apply after a decedent's death;(b) To establish a procedure for allocating the exempt property among claimants; and(c) To establish a procedure by which the deceden…
RCW 11.54.005 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Child" and "children," when used with reference to a decedent, means all persons who have a parent-child relationship, as defined in RCW 26.26A.100, as a child with th…
RCW 11.54.008 Property of decedent exempt from legal process remains exempt—Additional designated property.
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(1) Any homestead or other property exempt from attachment, execution, and forced sale under Title 6 RCW immediately before a decedent's death remains exempt from attachment, execution, and forced sale for the debts of the decedent and the debts of the community composed of the d…
RCW 11.54.010 Award to surviving spouse, domestic partner, or children—Petition.
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(1) Any one or more of a decedent's surviving spouse, surviving registered domestic partner, and dependent children may commence a judicial proceeding under chapter 11.96A RCW for an award from the decedent's separate property and from the community property of the decedent and t…
RCW 11.54.015 Conditions to award.
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(1) The court may not make an award to a claimant under this chapter until the expenses of administration, funeral expenses, expenses of last sickness, and wages due for labor performed within 60 days immediately preceding the decedent's death have been paid or provided for.(2) T…
RCW 11.54.020 Amount of basic award.
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(1) The amount of the basic award shall be the greater of the following:(a) The value, as of the date of the decedent's death, of the decedent's property, or if the decedent is married or has a registered domestic partner, the value of the community property of the decedent and t…
RCW 11.54.040 Increase in amount of award for support during pendency of proceedings—Factors for consideration.
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(1) If a claimant demonstrates to the satisfaction of the court that a claimant's present and reasonably anticipated future needs with respect to basic maintenance and support during the pendency of any proceedings under this title relating to the decedent's probate or nonprobate…
RCW 11.54.050 Decrease in amount of award—Factors for consideration.
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The court may decrease the amount of the award below the amount provided in RCW 11.54.020(1) in the exercise of its discretion if:(1) The recipient is entitled to receive probate or nonprobate property, including insurance, by reason of the death of the decedent. In such a case t…
RCW 11.54.055 Factors to be considered by court.
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In exercising the discretion granted to the court under this chapter, the court shall consider without limitation:(1) The exemptions from attachment, execution, or forced sale under Title 6 RCW and other applicable laws;(2) Whether or not any separate property of the decedent's s…
RCW 11.54.060 Certain claims exempted.
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Notwithstanding any other provision of this chapter:(1) None of the decedent's separate property and none of the property of the community composed of the decedent and the decedent's spouse or registered domestic partner is exempt from the duty to pay the costs of administration,…
RCW 11.54.071 Abatement.
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The decedent's separate property and the property of the community composed of the decedent and the decedent's spouse or registered domestic partner abates for awards of family allowance under this chapter in accordance with chapter 11.10 RCW; provided however, that gifts contain…
RCW 11.54.090 Venue for petition—Petition and hearing requirements—Notice of hearing.
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The petition for an award, for an increased or modified award, or for the exemption of assets from the claims of creditors as authorized by this chapter must be made to the court of the county in which the probate is being administered. If probate proceedings have not been commen…
RCW 11.54.100 Exhaustion of estate—Closure of estate—Discharge of personal representative.
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If an award provided by this chapter will exhaust the estate, and probate proceedings have been commenced in the state of Washington, the court in the order of award or allowance shall order the estate closed, discharge the personal representative, and exonerate the personal repr…