Wash. Rev. Code » Title 11 · Chapter 11.76

Wash. Rev. Code § 11.76.110

Order of payment of debts

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Subject to federal preemption and the privileges and priorities allowed to encumbrances and liens under applicable law, the reasonable expenses of administration and the enforceable debts of the estate shall be paid in the following order:
(1) Expenses of administration.
(2) Funeral expenses in such amount as the court shall order or a personal representative with nonintervention powers shall determine to be reasonable.
(3) Expenses of the last sickness, in such amount as the court shall order or a personal representative with nonintervention powers shall determine to be reasonable.
(4) Wages due for labor performed within 60 days immediately preceding the death of decedent.
(5) Exemptions and awards under chapter 11.54 RCW.
(6) All other enforceable demands against the estate.
[ 2024 c 20 s 12; 2010 c 8 s 2068; 1965 c 145 s 11.76.110. Prior: 1917 c 156 s 171; RRS s 1541; prior: Code 1881 s 1562; 1860 p 213 s 264; 1854 p 298 s 184.]

Notes:

Effective date—Savings—2024 c 20: See notes following RCW 11.54.001.
Borrowing on general credit of estate: RCW 11.56.280.
Claims against estate: Chapter 11.40 RCW.
Sale, etc., of property—Priority as to realty or personalty: Chapter 11.10 RCW.
Tax constitutes debt—Priority of lien: RCW 82.32.240.
Wages, preference on death of employer: RCW 49.56.020.
Notes of Decisions
Cited in 15 cases, 1959–2019 · leading case: Estate Of: Randall J. Langeland. Janell Boone, App. / X-res. v. Sharon Drown, Res. / X-app.
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Estate Of: Randall J. Langeland. Janell Boone, App. / X-res. v. Sharon Drown, Res. / X-app. (2016) washctapp · cites it 2× “050 provides that an estate’s personal representative “shall be allowed all necessary expenses in the care, management, and settlement of the estate.”
Judson v. Associated Meats & Seafoods (1982) washctapp · cites it 4× “Predeath debts that are properly filed and postdeath debts are ranked seventh in the payment order of debts under RCW 11.76.110. But see In re Estate of Offield, 7 Wn.”
Dennis G. Ott, P.S. v. Estate of Whitmire (2006) washctapp · cites it 3× “130; see also RCW 11.76.110. 7 ¶19 Ott asserts that probate statutes do not generally change or reprioritize a creditor’s interest in specific property.”
In Re Estate of Offield (1972) washctapp · cites it 4× “However, if costs of administration, funeral expenses and expenses of last sickness have been paid or provided for, even if other creditor’s claims required to be timely filed are neither paid nor provided for, the court on petition pursuant to RCW 11.”
Hennessey Funeral Home, Inc. v. Dean (1964) wash · cites it 2× “010 has no application to obligations for funeral expenses, since the funeral home is not a creditor of the deceased, its obligation having been incurred after the death of the deceased, but that it is properly a creditor of the estate of the deceased and that the notice to…”
In Re the Estate of Eberle (1971) washctapp “2 In this regard, also consider RCW 11.76.110. Computations made should consider that the estate corpus was liable for the enumerated debts and expenses before bequest could be paid.”
In re the Estate of Jason L. Patton (2017) washctapp · cites it 14× “Bank of America contended that RCW 11.76.110 did not establish any order of payment from a deed of trust sale because the bank, under RCW 11.”
Fugitt v. Myers (1973) washctapp · cites it 4× “— Under what circumstances will liability for the expenses of the last sickness of a deceased person be placed upon a party who authorized the services giving rise to such expenses rather than upon the decedent’s estate pursuant to RCW 11.76.110? That is the primary question…”
In Re Schoenfeld's Estate (1960) wash “RCW 11.76.110 gives such expenses a position of priority in the payment of the debts of the estate, and in this instance it is immaterial whether they were paid from the community or separate estate, since the community estate was exhausted by other community debts, and the…”
In Re Shoptaw's Estate (1959) wash · cites it 2× “RCW 11.76.110 provides that: "The debts of the estate shall be paid in the following order: "(1) Funeral expenses in such amount as the court shall order.”
Chesnin v. Fischler (1986) washctapp “RCW 11.76.110(1) states: After payment of costs of administration the debts of the estate shall be paid in the following order: (1) Funeral expenses in such amount as the court shall order.”
United States v. Brown (1959) wash · cites it 2× “RCW 11.76.110 provides that: “The debts of the estate shall' be paid in the following order: “ (1) Funeral expenses in such amount as the court shall order.”
Show all 15 citing cases →
— Wash. Rev. Code § 11.76.110(1) — 1 case
Chesnin v. Fischler (1986) washctapp “RCW 11.76.110(1) states: After payment of costs of administration the debts of the estate shall be paid in the following order: (1) Funeral expenses in such amount as the court shall order.”
— Wash. Rev. Code § 11.76.110(6) — 3 cases
Dennis G. Ott, P.S. v. Estate of Whitmire (2006) washctapp “130; see also RCW 11.76.110. 7 ¶19 Ott asserts that probate statutes do not generally change or reprioritize a creditor’s interest in specific property.”
In re the Estate of Jason L. Patton (2017) washctapp “Bank of America contended that RCW 11.76.110 did not establish any order of payment from a deed of trust sale because the bank, under RCW 11.”
Steiner v. Asset Acceptance, LLC (2019) wawd
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