Priority of awarded property—Effect of purchase or encumbrance on property. (Effective until August 1, 2024.)
(1) The award has priority over all other claims made in the estate. In determining which assets must be made available to satisfy the award, the claimant is to be treated as a general creditor of the estate, and unless otherwise ordered by the court the assets shall abate in satisfaction of the award in accordance with chapter 11.10 RCW.
(2) If the property awarded is being purchased on contract or is subject to any encumbrance, for purposes of the award the property must be valued net of the balance due on the contract and the amount of the encumbrance. The property awarded will continue to be subject to any such contract or encumbrance, and any award in excess of the basic award under RCW 11.54.010, whether of community property or the decedent's separate property, is not immune from any lien for costs of medical expenses recoverable under RCW 43.20B.080.
[ 1997 c 252 s 53.]
NOTES:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Certain claims exempted. (Effective August 1, 2024.)
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, funeral expenses, expenses of the last sickness, and wages due for labor performed within 60 days immediately preceding the decedent's death, as those terms are used in RCW 11.76.110.
(2) No provision of this chapter shall abrogate or diminish the rights associated with a valid lien.
NOTES:
Effective date—Savings—2024 c 20: See notes following RCW 11.54.001.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.