Revised Code of Washington
Wash. Rev. Code § 11.54.050 (2026)
Decrease in amount of award—Factors for consideration
✓ current as of May 2026
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The court may decrease the amount of the award below the amount provided in RCW 11.54.020(1) in the exercise of its discretion if:
(1) The recipient is entitled to receive probate or nonprobate property, including insurance, by reason of the death of the decedent. In such a case the award may not be decreased by more than the value of the other property that is received by reason of the death of the decedent. The court shall consider the factors presented in RCW 11.54.040(2) in determining the propriety of the award and the proper amount of the award, if any; or
(2)(a) The decedent is survived by one or more dependent children who are not the children of the surviving spouse or surviving registered domestic partner and the award would decrease amounts otherwise distributable to those children; or (b) the award would have the effect of reducing amounts otherwise distributable to any of the decedent's dependent children. In either of the cases specified in this subsection (2), the court must consider the factors presented in RCW 11.54.040 (2) and (3) and 11.54.055 and whether the needs of the dependent children with respect to basic maintenance and support are and will be adequately provided for, both during and after any proceedings under this title relating to the decedent's probate or nonprobate assets, considering support from any source, including support from the decedent's surviving spouse or surviving registered domestic partner.
Notes:
Effective date—Savings—2024 c 20: See notes following RCW 11.54.001.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2021–2024 · leading case: In Re Lada S. Mnatsakanova (Wash. Ct. App. 2024).
In Re Lada S. Mnatsakanova (Wash. Ct. App. 2024). “3d 953 (2021); RCW 11.54.050. First, the court may reduce the amount of the award if 5 No.”
In the Matter of the Est. Of: Marilyn Sue Hein (Wash. Ct. App. 2021). “RCW 11.54.050. The first is if the surviving spouse is entitled to receive probate or nonprobate property, including insurance, “by reason of the death of the decedent.”
Wash. Rev. Code § 11.54.050(1): 2 cases
In the Matter of the Est. Of: Marilyn Sue Hein (Wash. Ct. App. 2021). “RCW 11.54.050. The first is if the surviving spouse is entitled to receive probate or nonprobate property, including insurance, “by reason of the death of the decedent.”
In Re Lada S. Mnatsakanova (Wash. Ct. App. 2024). “3d 953 (2021); RCW 11.54.050. First, the court may reduce the amount of the award if 5 No.”
Wash. Rev. Code § 11.54.050(2)(a): 2 cases
In the Matter of the Est. Of: Marilyn Sue Hein (Wash. Ct. App. 2021). “RCW 11.54.050. The first is if the surviving spouse is entitled to receive probate or nonprobate property, including insurance, “by reason of the death of the decedent.”
In Re Lada S. Mnatsakanova (Wash. Ct. App. 2024). “3d 953 (2021); RCW 11.54.050. First, the court may reduce the amount of the award if 5 No.”
Wash. Rev. Code § 11.54.050(2)(b): 2 cases
In the Matter of the Est. Of: Marilyn Sue Hein (Wash. Ct. App. 2021). “RCW 11.54.050. The first is if the surviving spouse is entitled to receive probate or nonprobate property, including insurance, “by reason of the death of the decedent.”
In Re Lada S. Mnatsakanova (Wash. Ct. App. 2024). “3d 953 (2021); RCW 11.54.050. First, the court may reduce the amount of the award if 5 No.”
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