AN ACT Relating to family support; adding new sections to chapter 11.52 RCW; and repealing RCW 11.52.010, 11.52.012, 11.52.014, 11.52.016, 11.52.020, 11.52.022, 11.52.024, 11.52.030, 11.52.040, and 11.52.050.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The surviving spouse or minor children of a decedent who was domiciled in the state of Washington on the date of his or her death shall, on petition to the court, be entitled to an award from the property of the decedent. The award shall be made to the surviving spouse, if any, otherwise to the minor children. The award shall be made as the court may direct from either the decedent's interest in community property or from the decedent's separate property. This award shall be available whether or not probate proceedings have been commenced in the state of Washington. The court shall have no power to make this award unless the petition therefor is filed within six years from the date of the death of the decedent.

NEW SECTION. Sec. 2. The amount to be awarded shall have a value at the time of the decedent's death equal to the amount specified in RCW 6.12.050 reduced, if made to the surviving spouse, by (1) the amount of any homestead previously claimed by the decedent, and (2) the amount of any homestead awarded to the decedent by statute that, at the time of the award, has not been abandoned in accordance with RCW 6.12.045. If the property awarded is being purchased on contract or is subject to any encumbrance, for purposes of the award the property shall be valued at the net of the balance due on such contract and the amount of such encumbrance. The property awarded shall continue to be subject to any such contract or encumbrance.

NEW SECTION. Sec. 3. Before any award or allowance is made the court must be satisfied that payment of or provision of payment for the funeral expenses, expenses of last sickness, and of administration have been made. No award or allowance may be made to a surviving spouse who has feloniously killed the deceased spouse. No award or allowance shall be made to a surviving spouse unless the court is satisfied that adequate provision is or will be made for the support of the decedent's minor children. In making its determination, the court may consider support from any source, including support from the surviving spouse.

The award shall be discretionary and the amount otherwise allowable may be reduced if the recipient or recipients of the award, taken as a whole, are entitled to receive property not subject to probate, including insurance, by reason of the death of the decedent in an amount greater than that specified in RCW 6.12.050. An award to a surviving spouse shall also be discretionary and the amount otherwise allowable may be reduced if the decedent is survived by children, including adopted children, of whom the surviving spouse is neither the natural nor the adoptive parent.

NEW SECTION. Sec. 4. Property awarded and cash paid as an allowance under this chapter shall be immune from all debts, including judgments and judgment liens, of the decedent and of the surviving spouse existing at the time of death, except as provided in section 2 of this act. If an award includes the decedent's interest in community property, the immunity shall extend to the surviving spouse's interest in that community property, provided that the total amount of the immunity shall not exceed the amount specified in RCW 6.12.050. If at the time of an award to the surviving spouse the surviving spouse has a homestead under chapter 6.12 RCW that has not been abandoned, the available immunity shall be further reduced by the value of such homestead. If an award exceeds the amount of the available immunity, the excess shall be available for payment of debts and liabilities of the decedent, but only after exhaustion of other property of the estate.

NEW SECTION. Sec. 5. The court may make such reasonable allowance of cash from the property of a decedent who was domiciled in this state at the time of death as may be necessary for the maintenance of the family according to its circumstances during the settlement of the estate. The award shall be made as the court may direct from either the decedent's interest in community property or from the decedent's separate property.

NEW SECTION. Sec. 6. The petition for an award or an allowance authorized by this chapter shall be made to the court of the county in which the probate is being administered. If no probate proceedings have been commenced in the state of Washington, the petition shall be made to the court of any county in which the decedent's estate could be administered under RCW 11.96.050. The petition and the hearing shall conform to the requirements of RCW 11.96.070. Notice of the hearing on the petition shall be given in accordance with RCW 11.96.100.

NEW SECTION. Sec. 7. If an award or an allowance 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 representative's bond, if any.

NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

(1) Section 11.52.010, chapter 145, Laws of 1965, section 12, chapter 168, Laws of 1967, section 2, chapter 12, Laws of 1971 ex. sess., section 7, chapter 117, Laws of 1974 ex. sess., section 17, chapter 260, Laws of 1984 and RCW 11.52.010;

(2) Section 11.52.012, chapter 145, Laws of 1965, section 8, chapter 117, Laws of 1974 ex. sess., section 9, chapter 234, Laws of 1977 ex. sess., section 18, chapter 260, Laws of 1984, section 1, chapter 194, Laws of 1985 and RCW 11.52.012;

(3) Section 11.52.014, chapter 145, Laws of 1965 and RCW 11.52.014;

(4) Section 11.52.016, chapter 145, Laws of 1965, section 1, chapter 80, Laws of 1972 ex. sess. and RCW 11.52.016;

(5) Section 11.52.020, chapter 145, Laws of 1965, section 13, chapter 168, Laws of 1967, section 3, chapter 12, Laws of 1971 ex. sess., section 9, chapter 117, Laws of 1974 ex. sess., section 19, chapter 260, Laws of 1984, section 2, chapter 194, Laws of 1985 and RCW 11.52.020;

(6) Section 11.52.022, chapter 145, Laws of 1965, section 4, chapter 12, Laws of 1971 ex. sess., section 10, chapter 117, Laws of 1974 ex. sess., section 10, chapter 234, Laws of 1977 ex. sess., section 20, chapter 260, Laws of 1984, section 3, chapter 194, Laws of 1985 and RCW 11.52.022;

(7) Section 11.52.024, chapter 145, Laws of 1965, section 2, chapter 80, Laws of 1972 ex. sess. and RCW 11.52.024;

(8) Section 11.52.030, chapter 145, Laws of 1965 and RCW 11.52.030;

(9) Section 11.52.040, chapter 145, Laws of 1965 and RCW 11.52.040; and

(10) Section 1, chapter 126, Laws of 1965, section 11.52.050, chapter 145, Laws of 1965, section 14, chapter 168, Laws of 1967 and RCW 11.52.050.

NEW SECTION. Sec. 9. Sections 1 through 7 of this act are each added to chapter 11.52 RCW.