The bill amends the Washington probate code, specifically RCW 11.54, to clarify exemptions from attachment, execution, and forced sale of a decedent's property. It introduces new sections that establish procedures for allocating exempt property among claimants and allows the decedent's surviving spouse, registered domestic partner, or dependent children to request basic financial support during probate. Key terms such as "child," "claimant," and "dependent" are defined, and it is specified that any homestead or property exempt from creditor claims remains protected from the decedent's debts. The bill also revises the petitioning process for awards from a decedent's estate, allowing multiple claimants to seek awards from exempt property and establishing conditions for the court to grant these awards.
Furthermore, the bill clarifies the award process in both probate and nonprobate proceedings, allowing requests for increased awards at any time and emphasizing the court's discretion in determining award amounts. It introduces considerations for the financial needs of dependent children and equitable distribution of statutory exemptions. The bill also states that the decedent's separate and community property are not exempt from certain debts, such as administration costs and funeral expenses, and repeals previous provisions granting immunity to awards from creditors' claims. The act is set to take effect on August 1, 2024, ensuring that rights accrued before this date remain intact.
Statutes affected:
Original Bill: 11.54.010, 11.54.030, 11.54.020, 11.54.040, 11.54.050, 11.54.060, 11.76.110, 11.76.120
Substitute Bill: 11.54.010, 11.54.030, 11.54.020, 11.54.040, 11.54.050, 11.54.060, 11.76.110, 11.76.120
Engrossed Substitute: 11.54.010, 11.54.030, 11.54.020, 11.54.040, 11.54.050, 11.54.060, 11.76.110, 11.76.120
Bill as Passed Legislature: 11.54.010, 11.54.030, 11.54.020, 11.54.040, 11.54.050, 11.54.060, 11.76.110, 11.76.120
Session Law: 11.54.010, 11.54.030, 11.54.020, 11.54.040, 11.54.050, 11.54.060, 11.76.110, 11.76.120