(1) A community debt or liability is charged against the entire
community property, with the surviving spouse's or surviving
domestic partner's half and the decedent spouse's or decedent
domestic partner'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 or surviving domestic partner'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.
[2008 c 6 § 931; 1994 c 221 § 7.]
NOTES:
Part headings not law -- Severability -- 2008 c 6: See RCW 26.60.900 and 26.60.901.
Effective dates -- 1994 c 221: See note following RCW 11.94.070.