Petition for Award for Family Support
A petition for an award for family support from the property of the decedent may be made whether or not probate proceedings have been commenced in the State of Washington. A surviving spouse or registered domestic partner may petition the court for an award; if the decedent is survived by children from a prior relationship, the court may allocate a portion of the award to these children. If there is no surviving spouse or domestic partner, the minor children of the decedent may petition for an award.
Property awarded in response to the petition takes precedence over most debts existing at the time of death; therefore, this procedure may enable the petitioner to receive something from the estate in cases where most or all of the decedent’s property would otherwise be used to pay off creditors. (Secured debt, such as home mortgages, must still be paid, and the court will not make the award unless funeral expenses, expenses of last sickness, and expenses related to administration of the estate have all been paid or provided for).
The award may be made from the community property or separate property of the decedent, and may include both probate and nonprobate assets. The petition for an award must be filed before the earliest of:
- 18 months from the date of death if an Executor or Notice Agent were appointed within 12 months of death;
- Termination of the probate proceeding;
- Six years from the date of death.
The court may award up to $125,000 in property, to be divided between qualified petitioners at the discretion of the court. However, the amount of the award may be increased if it is demonstrated to the court that a claimant’s need for maintenance and support during the pendency of probate will not otherwise be provided from other sources.
Conversely, the amount of the basic award may be decreased, in the court’s discretion, if the recipient is entitled to receive probate or nonprobate assets, including insurance, as a result of the decedent’s death; however, the award may be decreased by no more than the value of the other property to be received. An award to a surviving spouse or domestic partner is discretionary and may be reduced if it would otherwise decrease amounts otherwise distributable to children from prior relationships, or reduce amounts otherwise distributable to any of the decedent’s minor children.
It may be advisable to seek such an award, even if the petitioner is already a beneficiary or heir of the estate, to ensure the petitioner receives property for his or her support during the pendency of a probate proceeding.
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