Revised Code of Washington

Wash. Rev. Code § 11.54.010 (2026)

✓ current as of May 2026

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(1) Any one or more of a decedent's surviving spouse, surviving registered domestic partner, and dependent children may commence a judicial proceeding under chapter 11.96A RCW for an award from the decedent's separate property and from the community property of the decedent and the decedent's spouse or registered domestic partner that are exempt from attachment, execution, and forced sale under RCW 11.54.008. The petition must:

(a) Set forth facts to establish that the claimant is entitled to an award under this chapter;

(b) State the nature and value of those assets held by all potential claimants that are exempt from the claims of creditors and that are known to the claimant or could be known to the claimant with reasonable diligence; and

(c) Describe all other assets then held by the claimants, including any interest the claimants may have in any of the decedent's probate or nonprobate property.

(2) If a claimant proves by a preponderance of the evidence that an award of property exempt from the claims of creditors to the claimant would fulfill one or more of the purposes of this chapter, the court may grant the claimant an award that the court determines to be equitable.

(3) If the decedent is survived by one or more dependent children, the court may divide the award between the surviving spouse or surviving registered domestic partner and all or any of the decedent's surviving dependent children as the court deems appropriate.

(4) The awards under this chapter may be made either from the community property of the decedent and the decedent's spouse or registered domestic partner or from the separate property of the decedent.

(5) Any and all homestead or other property exempt from attachment, execution, and forced sale under Title 6 RCW immediately before the decedent's death shall be included in the basic award.

(6) The basic award may be made whether or not any proceedings have been commenced under this title relating to the decedent's probate or nonprobate assets.

[ 2024 c 20 s 4; 2008 c 6 s 916; 1997 c 252 s 48.]

Notes:

Effective date—Savings—2024 c 20: See notes following RCW 11.54.001.

Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

Notes of Decisions

Cited in 12 cases (6 in the last 5 years), 2002–2026 · leading case: In re the Est. of Garwood, 109 Wash. App. 811 (Wash. Ct. App. 2002).

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In re the Est. of Garwood, 109 Wash. App. 811 (Wash. Ct. App. 2002). · cites it 6× “The Legislature in subsection one of RCW 11.54.010, which replaced RCW 11.52.010 (1997), refers to the award as an award from the decedent’s property and does not distinguish, as mentioned above, between the different types of awards traditionally awarded to surviving spouses…”

In Re Est. of Garwood, 38 P.3d 362 (Wash. Ct. App. 2002). · cites it 6× “The legislature in subsection one of RCW 11.54.010, which replaced RCW 11.52 (1997) refers to the award as an award from the decedent's property and does not distinguish, as mentioned above, between the different types of awards traditionally awarded to surviving spouses and…”

Dennis G. Ott, P.S. v. Est. of Whitmire, 140 P.3d 618 (Wash. Ct. App. 2006). “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…”

In the Matter of the Est. Of: Marilyn Sue Hein (Wash. Ct. App. 2021). · cites it 9× “After permitting and reviewing posthearing submissions by the parties, the trial court announced its decision in a letter ruling.”

In Re The Est. Of Gordon Ochs (Wash. Ct. App. 2023). · cites it 5× “LEGAL PRINCIPLES Under RCW 11.54.010(1), the surviving spouse of a decedent may file a petition with the court seeking an award from the decedent’s property.”

Matter Of The Est. Of: Larry Dean Niggli (Wash. Ct. App. 2024). · cites it 4× “An award in lieu of homestead is a type of TEDRA claim authorized under RCW 11.54.010. The statute permits the surviving spouse to petition the court for an award from the property of the decedent.”

In Re Est. Of: Vernon D. Hannah (Wash. Ct. App. 2015). · cites it 6× “On May 5, the attorney filed a "Petition for Award in Lieu of Homestead and Declaration in Support - TEDRA" and a "Petition for an Order Increasing the Award in Lieu of Homestead and Declaration in Support- TEDRA" under RCW 11.54.010 and RCW 11.96A.010. The Clerk filed the…”

Neville W. Richter, V. Deborah C. Turk (Wash. Ct. App. 2026). · cites it 3× “3 RCW 11.54.010 was revised significantly, effective August 1, 2024.”

In Re Lada S. Mnatsakanova (Wash. Ct. App. 2024). · cites it 2× “” RCW 11.54.010. And the award may only be decreased by property gained “by reason of the death of the decedent.”

In re Est. of Petelle (Wash. 2020). “RCW 11.54.010(1). Intestate inheritance, however, occurs upon the death of a spouse and no affirmative action is required.”

In the Matter of the Est. of: Paul Arthur Bentley (Alaska 2024). “See RCW 11.54.010. -5- 7720 After a motion from NKF, followed by opposition and reply, the superior court granted NKF prevailing party status in February 2021.”

Est. Of Carole Stevenson Christian (Wash. Ct. App. 2013). “Lowell next contends that the trial court erred in rejecting his request under RCW 11.54.010 for a monthly family allowance award from Carole's estate.”

— Wash. Rev. Code § 11.54.010(1) — 9 cases

In re the Est. of Garwood, 109 Wash. App. 811 (Wash. Ct. App. 2002). “The Legislature in subsection one of RCW 11.54.010, which replaced RCW 11.52.010 (1997), refers to the award as an award from the decedent’s property and does not distinguish, as mentioned above, between the different types of awards traditionally awarded to surviving spouses…”

In Re Est. of Garwood, 38 P.3d 362 (Wash. Ct. App. 2002). “The legislature in subsection one of RCW 11.54.010, which replaced RCW 11.52 (1997) refers to the award as an award from the decedent's property and does not distinguish, as mentioned above, between the different types of awards traditionally awarded to surviving spouses and…”

In the Matter of the Est. Of: Marilyn Sue Hein (Wash. Ct. App. 2021). “After permitting and reviewing posthearing submissions by the parties, the trial court announced its decision in a letter ruling.”

In re Est. of Petelle (Wash. 2020). “RCW 11.54.010(1). Intestate inheritance, however, occurs upon the death of a spouse and no affirmative action is required.”

In Re The Est. Of Gordon Ochs (Wash. Ct. App. 2023). “LEGAL PRINCIPLES Under RCW 11.54.010(1), the surviving spouse of a decedent may file a petition with the court seeking an award from the decedent’s property.”

— Wash. Rev. Code § 11.54.010(2) — 2 cases

Matter Of The Est. Of: Larry Dean Niggli (Wash. Ct. App. 2024). “An award in lieu of homestead is a type of TEDRA claim authorized under RCW 11.54.010. The statute permits the surviving spouse to petition the court for an award from the property of the decedent.”

— Wash. Rev. Code § 11.54.010(3) — 2 cases

In Re Est. Of: Vernon D. Hannah (Wash. Ct. App. 2015). “On May 5, the attorney filed a "Petition for Award in Lieu of Homestead and Declaration in Support - TEDRA" and a "Petition for an Order Increasing the Award in Lieu of Homestead and Declaration in Support- TEDRA" under RCW 11.54.010 and RCW 11.96A.010. The Clerk filed the…”

— Wash. Rev. Code § 11.54.010(3)(a) — 1 case

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