Revised Code of Washington
Wash. Rev. Code § 11.42.085 (2025)
Property liable for claims—Payment limits
✓ laws through the 2025 session: 2026 session laws are not yet included
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(1) The decedent's nonprobate and probate assets that were subject to the satisfaction of the decedent's general liabilities immediately before the decedent's death are liable for claims. The decedent's probate assets may be liable, whether or not there is a probate administration of the decedent's estate.
(2) The notice agent may pay a claim allowed by the notice agent or a judgment on a claim first prosecuted against a notice agent only out of assets received as a result of the death of the decedent by the notice agent or by those appointing the notice agent, except as may be provided by agreement under RCW 11.96A.220 or by court order issued in a judicial proceeding under RCW 11.96A.080.
Notes:
Effective date—1999 c 42: See RCW 11.96A.902.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Notes of Decisions
Cited in 2
cases, 2010–2010 · leading case: Est. of Wegner v. Tesche, 157 Wash. App. 554 (Wash. Ct. App. 2010).
Est. of Wegner v. Tesche, 157 Wash. App. 554 (Wash. Ct. App. 2010). “The estate did not dismiss its claim that Corrine’s interest in the real property, a nonprobate asset under Washington law, should be assessed its fair share of administrative expenses and creditor claims under RCW 11.42.085. ¶8 Kenneth then filed his final report as the…”
In re Est. of Wegner v. Tesche, 237 P.3d 387 (Wash. Ct. App. 2010). “The estate did not dismiss its claim that Corrine's interest in the real property, a nonprobate asset under Washington law, should be assessed its fair share of administrative expenses and creditor claims under RCW 11.42.085. ¶ 8 Kenneth then filed his final report as the…”
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