Washington Objection to Family Allowance in a Decedent's Estate

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US-02670BG
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Description

A family allowance is a portion of a decedents estate that is set aside for certain family members regardless of what the will says.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

RCW 11.28. 185 grants the superior court overseeing the probate case the authority to set the bond amount on a case-by-case basis. The court will consider factors such as the estate's total assets and anticipated income when determining the required amount.

The personal representative shall be authorized in his or her own name to maintain and prosecute such actions as pertain to the management and settlement of the estate, and may institute suit to collect any debts due the estate or to recover any property, real or personal, or for trespass of any kind or character.

A surviving spouse or surviving domestic partner shall be entitled to administer upon the community property, notwithstanding any provisions of the will to the contrary, if the court find such spouse or such domestic partner to be otherwise qualified; but if such surviving spouse or surviving domestic partner do not ...

Application for letters of administration, or, application for an adjudication of intestacy and heirship without the issuance of letters of administration shall be made by petition in writing, signed and verified by the applicant or his or her attorney, and filed with the court, which petition shall set forth the facts ...

(1) The surviving spouse or state registered domestic partner, or such person as he or she may request to have appointed. (2) The next of kin in the following order: (a) Child or children; (b) father or mother; (c) brothers or sisters; (d) grandchildren; (e) nephews or nieces.

Award to surviving spouse, domestic partner, or children?Petition. (1) Subject to RCW 11.54. 030, the surviving spouse or surviving domestic partner of a decedent may petition the court for an award from the property of the decedent.

If the decedent died without a Will, a petition is filed to appoint a personal representative to administer the estate and the assets of the decedent pass by way of the intestate succession laws of the State of Washington. The court issues letters of administration in the case of a probate without a Will.

No executor of an executor shall, as such, be authorized to administer upon the estate of the first testator, but on the death of the sole or surviving executor of any last will, letters of administration with the will annexed, on the estate of the first testator left unadministered, shall be issued.

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Washington Objection to Family Allowance in a Decedent's Estate