SB 5589 — Concerning probate.

ENGROSSEDS-0101.3 SUBSTITUTE SENATE BILL 5589 State of Washington 68th Legislature 2023 Regular Session By Senate Law & Justice (originally sponsored by Senator Stanford)Stanford READAN FIRSTACT TIMERelating 02/17/23.to probate;

AN ACT Relating to probate;

recodifying RCW 11.54.030;

1 ESSBSB 5589 NEW SECTION.

(1) Any homestead or other property exempt from attachment, execution, and forced sale under Title 6 RCW immediately before a decedent's death remains exempt from attachment, execution, and forced sale for the debts of the decedent and the debts of the community composed of the decedent and the decedent's spouse or registered domestic partner that arose before the decedent's death, up to the amount specified in RCW 11.54.020(1),11.54.030(1), except as otherwise provided in Title 6 RCW or in this chapter.

(2)(2)(a) IfIf: the decedent resided or was domiciled in the state of Washington when the decedent died, and either:

(a)(i) NoThe homesteaddecedent resided or other property was exemptdomiciled fromin attachment,the execution,state andof forcedWashington salewhen under Title 6 RCW immediately before the decedent'sdecedent death;died;

orand p.(ii) Either:

2p. ESSB 5589 (b) The total value of the property exempted from the claims of creditors under subsection (1) of this section or under the laws of another state (together with the value of any separate property of the decedent's surviving spouse or surviving registered domestic partner that is exempt from attachment, execution, and forced sale for the debts of the decedent's surviving spouse or surviving registered domestic partner) is less than the amount specified in RCW 11.54.020(1)(b);

then2 theSB court5589 shall(A) designateNo homestead or other property ofwas theexempt estate,from eitherattachment, communityexecution, orand separate,forced that,sale whenunder addedTitle to6 RCW immediately before the valuedecedent's of:death;

or (B) The total value of the property exempted from the claims of creditors under subsection (1) of this section or under the laws of another state (together with the value of any separate property of the decedent's surviving spouse or surviving registered domestic partner that is exempt from attachment, execution, and forced sale for the debts of the decedent's surviving spouse or surviving registered domestic partner) is less than the amount specified in RCW 11.54.030(1)(b);

(b) Then the court shall designate other property of the estate, either community or separate, that, when added to the value of:

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

3 ESSBSB 5589 (b)(a) StateSet theforth naturefacts andto valueestablish of those assets held by all potential claimants that are exempt from the claims of creditors and that are known to the claimant oris couldentitled be known to thean claimantaward withunder reasonablethis diligence;chapter;

and(b) (c)State Describethe allnature otherand assetsvalue thenof those assets held by theall claimants,potential includingclaimants anythat interestare exempt from the claimantsclaims mayof havecreditors inand anythat ofare theknown decedent'sto probatethe claimant or nonprobatecould property.be known to the claimant with reasonable diligence;

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

or (ii) A notice agent has filed a declaration and oath as required in RCW 11.42.010(3)(a)(ii);

4 ESSBSB 5589 (b)(ii) TheA terminationnotice ofagent anyhas probatefiled proceedinga fordeclaration theand decedent'soath estateas thatrequired has been commenced in theRCW state11.42.010(3)(a)(ii); of Washington;

or (c)(b) SixThe yearstermination from the date of theany deathprobate ofproceeding for the decedent))decedent's underestate thisthat titlehas relatingbeen tocommenced in the decedent'sstate probateof orWashington; nonprobate assets.

or (c) Six years from the date of the death of the decedent)) under this title.

(a) The value, as of the date of the decedent's death, of the decedent's property, or if the decedent is married or has a registered domestic partner, the value of the community property of the decedent and the decedent's spouse or registered domestic partner,p. that was exempt from attachment, execution, or forced sale under Title 6 RCW immediately before the decedent's death;

5 SB 5589 partner, that was exempt from attachment, execution, or p.forced sale under Title 6 RCW immediately before the decedent's death;

5or ESSB 5589 (b) The amount specified in RCW 6.13.030(1)(a) or, if greater, the amount specified in subsection (3) of this section, on the date of the decedent's death.

(3) For 20242023 and each calendar year thereafter, the amount of the basic award shall not be less than an amount that is calculated as follows:

In the event the bureau of labor statistics discontinues the use and publication of applicablebimonthly averages, then the consumer price index to be used for the computation of the inflation factor shall be the consumer price average that was last published before the event that caused the inflation factor to be applied.applied, whether bimonthly, quarterly, semiannually, or annually.

Sec.p.

6 SB 5589 Sec.

(1) If ((it is demonstrated)) a claimant demonstrates to the satisfaction of the court ((with clear, cogent, and convincing p.evidence)) that a claimant's present and reasonably anticipated future needs ((during the pendency of any probate proceedings in the state of Washington)) with respect to basic maintenance and support during the pendency of any proceedings under this title will not ((otherwise)) be provided ((for)) from other resources((,)) and that ((the)) an increased award would not be inconsistent with the decedent's intentions or principles of equity and fairness, the amount of the award may be increased above the amount of the basic award in an amount that the court determines to be ((appropriate)) needed for a claimant's present and reasonably anticipated future needs with respect to basic maintenance and support during the pendency of any proceedings under this title.

6(2) ESSBIn 5589determining evidence))the that a claimant's present and reasonably anticipated future needs ((duringof the pendencyclaimant, of any probate proceedings in the statecourt ofshall Washington))consider, withwithout respectlimitation, to basic maintenance and support during the pendencyresources ofavailable any proceedings under this title relating to the decedent'sclaimant probateand orthe nonprobateclaimant's assets((dependents)) willdependent notchildren, ((otherwise)) be provided ((for)) from other resources((,)) and thatthe ((the))resources anreasonably increasedexpected awardto would not be inconsistentavailable withto the decedent'sclaimant intentions or principles of equity and fairness, the amountclaimant's of((dependents)) thedependent awardchildren mayduring be increased above the amountpendency of the((the basicprobate)) awardany inproceedings anunder amountthis thattitle, theincluding courtincome determinesrelated to be ((appropriate)) needed for a claimant's present andor reasonably anticipated future needsemployment with respect to basic maintenance and supportbenefits duringflowing thefrom pendency of any proceedings under this title relating to the decedent's probate orand nonprobate assets.estate.

(2) In determining the needs of the claimant, the court shall consider, without limitation, the resources available to the claimant and the claimant's ((dependents)) dependent children, and the resources reasonably expected to be available to the claimant and the claimant's ((dependents)) dependent children during the pendency of ((the probate)) any proceedings under this title relating to the decedent's probate or nonprobate assets, including income related to present or future employment and benefits flowing from the decedent's probate and nonprobate estate.

and (f)p. Oral or written statements made by the decedent that are otherwise admissible as evidence.

p.7 SB 5589 (f) Oral or written statements made by the decedent that are otherwise admissible as evidence.

7 ESSB 5589 The fact that the decedent has named beneficiaries other than the claimant as recipients of the decedent's estate is not of itself adequate to evidence such an intent as would prevent the award of an amount in excess of the basic award that is provided ((for)) in RCW ((6.13.030(2) with respect to lands)) 11.54.020(1).

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 ((such)) those children;

or (b) the award would have the effect of reducing amounts otherwise distributable to anyp. of the decedent's ((minor)) dependent children.

In8 eitherSB ((case))5589 any of the casesdecedent's specified((minor)) independent thischildren. subsection (2), the court p.

8In ESSBeither 5589((case)) of the cases specified in this subsection (2)(b), the court ((shall)) must consider the factors presented in RCW 11.54.040 (2) and (3) and section 9 of this act and whether the needs of the ((minor)) dependent children with respect to basic maintenance and support are and will be adequately provided for, both during and after ((thethe pendency of))of any ((probate)) proceedings ((if such proceedings are pending)) under this title relatingif tosuch theproceedings decedent'sare probatepending, or nonprobate assets, considering support from any source, including support from the decedent's surviving spouse or surviving registered domestic partner.

Sec.p.

9 SB 5589 Sec.

p.(((1) The award has priority over all other claims made in the estate.