Insolvent Probate Estate Claim-Payment Priority in Washington

Short answer Washington pays administration expenses first, followed by funeral expenses, last-sickness expenses, recent wages, statutory exemptions and awards, and other enforceable demands. The order is subject to federal preemption and lien priorities. If a class cannot be paid in full, its creditors share in proportion to their claims before a lower class receives anything.

State

Washington

Statute checked

October 5, 2026

Sources

2 statutes

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At a glance

Statutory payment order	Six classes, subject to federal preemption and lawful lien priorities (RCW 11.76.110); lower class waits (RCW 11.76.150).
Administration costs	First: expenses of administration (RCW 11.76.110(1)).
Funeral and last illness	Funeral second, last sickness third; court orders or representative with nonintervention powers determines reasonable amount (RCW 11.76.110(2)–(3)).
Family and homestead allowances	Chapter 11.54 exemptions and awards fifth (RCW 11.76.110(5)).
Taxes and public claims	Federal preemption reserved; no separate state-tax class in six-class RCW 11.76.110 list.
Secured claims	Priority allowed to encumbrances and liens under applicable law preserved (RCW 11.76.110).
Support and special debts	Wages for labor in 60 days immediately before death fourth (RCW 11.76.110(4)).
General claims	All other enforceable demands sixth (RCW 11.76.110(6)).
Underfunded class	Creditors of insufficient class paid in proportion to claims; no lower-class payment until preceding class fully paid (RCW 11.76.150).

Requirements one by one

Funeral and last sickness

RCW 11.76.110 puts funeral expenses in the second class and last-sickness expenses in the third. For each, the amount is what the court orders or what a personal representative with nonintervention powers determines reasonable. The section states no fixed dollar ceiling for either category.

Wage preference

The fourth class in § 11.76.110 covers wages for labor performed within the 60 days immediately before death. Exemptions and awards under chapter 11.54 RCW come next, ahead of other enforceable demands.

Paying an underfunded class

Under § 11.76.150, each creditor of a class that cannot be paid in full receives a share proportionate to the claim. A creditor in a lower class receives nothing until the preceding class has been fully paid.

What trips people up

The opening words of § 11.76.110 make the class order subject to federal preemption and priorities allowed to liens and encumbrances under applicable law. The class list therefore does not erase a security interest in particular property.

Common questions

Does the representative decide every funeral amount? Section 11.76.110(2) allows a representative with nonintervention powers to determine a reasonable amount; otherwise the statute uses the amount ordered by the court.

Where do other enforceable demands rank? Section 11.76.110(6) places them in the sixth class after exemptions and awards.

Statutes and sources

Wash. Rev. Code §§ 11.76.110 and 11.76.150. Verbatim current official text, URLs, and access dates appear in the source fields above.

Source links

Every statute quoted above, linked, with the date we checked it.

Wash. Rev. Code § 11.76.110 · accessed 2026-10-05

Wash. Rev. Code § 11.76.150 · accessed 2026-10-05

This page summarizes statutory probate payment priorities, not advice about a specific estate or claim. Claim validity, federal law, liens, and court orders can change the result. Check current official law and consult a licensed adviser before acting.

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