2005 Washington Revised Code RCW 11.10.030: Allocation of separate and community assets.
(1) A community debt or liability is charged against the entire community property, with the surviving spouse's half and the decedent spouse's half charged equally.
(2) A separate debt or liability is charged first against separate property, and if that is insufficient against the balance of decedent's half of community property remaining after community debts and liabilities are satisfied.
(3) A community debt or liability that is also the separate debt or liability of the decedent is charged first against the whole of the community property and then against the decedent's separate property.
(4) An expense of administration is charged against the separate property and the decedent's half of the community property in proportion to the relative value of the property, unless a different charging of expenses is shown to be appropriate under the circumstances including against the surviving spouse's share of the community property.
(5) Property of a similar type, community or separate, is appropriated in accordance with the abatement priorities of RCW
11.10.010.
(6) Property that is primarily chargeable for a debt or liability is exhausted, in accordance with the abatement priorities of RCW
11.10.010, before resort is had, also in accordance with RCW
11.10.010, to property that is secondarily chargeable.
[1994 c 221 § 7.]
| Effective dates -- 1994 c 221: See note following RCW
11.94.070.
|
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