RCW 11.54.060
Priority of awarded property—Effect of purchase or encumbrance on property.
(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 § 53.]
NOTES:
Application—1997 c 252 §§ 1-73: See note following RCW 11.02.005.
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.54 - Family Support and Postdeath Creditor's Claim Exemptions.
11.54.010 - Award to surviving spouse, domestic partner, or children—Petition.
11.54.020 - Amount of basic award.
11.54.030 - Conditions to award.
11.54.040 - Increase in amount of award—Factors for consideration.
11.54.050 - Decrease in amount of award—Factors for consideration.
11.54.060 - Priority of awarded property—Effect of purchase or encumbrance on property.
11.54.070 - Immunity of award from debts and claims of creditors.
11.54.080 - Exemption of additional assets from claims of creditors—Petition—Notice—Court order.
11.54.090 - Venue for petition—Petition and hearing requirements—Notice of hearing.
11.54.100 - Exhaustion of estate—Closure of estate—Discharge of personal representative.