11.54.060 - Priority of awarded property -- Effect of purchase or encumbrance on property. - Washington Statutes

Priority of awarded property — Effect of purchase or encumbrance on property.

(1) The award has priority over all other claims made in the estate. In determining which assets must be made available to satisfy the award, the claimant is to be treated as a general creditor of the estate, and unless otherwise ordered by the court the assets shall abate in satisfaction of the award in accordance with chapter 11.10 RCW.

     (2) If the property awarded is being purchased on contract or is subject to any encumbrance, for purposes of the award the property must be valued net of the balance due on the contract and the amount of the encumbrance. 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 recoverable under RCW 43.20B.080.

[1997 c 252 § 53.]

Notes: Application -- 1997 c 252 §§ 1-73: See note following RCW 11.02.005.