Statutes > Washington Statutes > Title 11 - Probate and trust law > 11.54 - Family support and postdeath creditor's claim exemptions. > 11.54.080 - Exemption of additional assets from claims of creditors -- Petition -- Notice -- Court order.

11.54.080 - Exemption of additional assets from claims of creditors -- Petition -- Notice -- Court order.

Exemption of additional assets from claims of creditors — Petition — Notice — Court order.

(1) This section applies if the party entitled to petition for an award holds exempt property that is in an aggregate amount less than that specified in RCW 6.13.030(2) with respect to lands.

     (2) For purposes of this section, the party entitled to petition for an award is referred to as the "claimant." If multiple parties are entitled to petition for an award, all of them are deemed a "claimant" and may petition for an exemption of additional assets as provided in this section, if the aggregate amount of exempt property to be held by all the claimants after the making of the award does not exceed the amount specified in RCW 6.13.030(2) with respect to lands.

     (3) A claimant may petition the court for an order exempting other assets from the claims of creditors so that the aggregate amount of exempt property held by the claimants equals the amount specified in RCW 6.13.030(2) with respect to lands. The petition must:

     (a) Set forth facts to establish that the petitioner is entitled to petition for an award under RCW 11.54.010;

     (b) State the nature and value of those assets then held by all claimants that are exempt from the claims of creditors; and

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

     (4) Notice of a petition for an order exempting assets from the claims of creditors must be given in accordance with RCW 11.96A.110.

     (5) At the hearing on the petition, the court shall order that certain assets of the claimants are exempt from the claims of creditors so that the aggregate amount of exempt property held by the claimants after the entry of the order is in the amount specified in RCW 6.13.030(2) with respect to lands. In the order the court shall designate those assets of the claimants that are so exempt.

[1999 c 42 § 612; 1997 c 252 § 55.]

Notes: Part headings and captions not law -- Effective date -- 1999 c 42: See RCW 11.96A.901 and 11.96A.902.

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