S-295                 _______________________________________________

                                                   SENATE BILL NO. 5531

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Rasmussen, Talmadge, Hansen, Halsan, Garrett, Tanner, Bauer, Williams, Bender, Fleming, Vognild, McDermott, Patterson, Smitherman, Warnke, Owen, Newhouse, Nelson, McCaslin, Benitz, Lee, Pullen, West and Barr

Read first time 2/3/87 and referred to Committee on Ways & Means.

AN ACT Relating to homesteads and awards in lieu thereof or in addition thereto; and amending RCW 6.12.050 and 11.52.010.

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

        Sec. 1.  Section 24, chapter 64, Laws of 1895 as last amended by section 4, chapter 45, Laws of 1983 1st ex. sess. and RCW 6.12.050 are each amended to read as follows:

          Homesteads may consist of lands and tenements with the improvements thereon, as defined in RCW 6.12.010, regardless of area but not exceeding in net value, of both the lands and improvements, the sum of ((twenty-five)) thirty-five thousand dollars.  The premises thus included in the homestead must be actually intended or used as a home for the owner, and shall not be devoted exclusively to any other purpose.

        Sec. 2.  Section 11.52.010, chapter 145, Laws of 1965 as last amended by section 17, chapter 260, Laws of 1984 and RCW 11.52.010 are each amended to read as follows:

          If it is made to appear to the satisfaction of the court that no homestead has been claimed in the manner provided by law, either prior or subsequent to the death of the person whose estate is being administered, then the court, after hearing and upon being satisfied that the funeral expenses, expenses of last sickness and of administration have been paid or provided for, and upon petition for that purpose, shall award and set off to the surviving spouse, if any, property of the estate, either community or separate, not exceeding the value of ((twenty-five)) thirty-five thousand dollars at the time of death, exclusive of general taxes and special assessments which were liens at the time of the death of the deceased spouse, exclusive of the unpaid balance of any contract to purchase, mortgage, or mechanic's, laborer's or materialmen's liens upon the property so set off, exclusive of debts arising out of a lawful court order or decree or administrative order establishing a child support obligation or obligation to pay spousal maintenance and exclusive of funeral expenses, expenses of last sickness and administration, which expenses may be deducted from the gross value in determining the value to be set off to the surviving spouse; provided that the court shall have no jurisdiction to make such award unless the petition therefor is filed with the clerk within six years from the date of the death of the person whose estate is being administered.