What Happens When an Estate Is Insolvent in Washington?
Enter the estate's assets and the claims in each class of Washington's payment order to see which claims are paid in full, which are paid in part, and which go unpaid, along with when the executor is personally liable.
Frequently Asked Questions
An estate is insolvent when the claims against it exceed the assets available to pay them. Washington then pays the claims in 6 classes, in the order its statute sets, and the classes at the end of the order are the ones left unpaid when the money runs outRCW 11.76.110Verified Sep 23, 2026View source.
1. Administration expensesRCW 11.76.110(1)Verified Sep 23, 2026View source. 2. Funeral expenses (reasonable amount)RCW 11.76.110(2)Verified Sep 23, 2026View source. 3. Last sickness expenses (reasonable amount)RCW 11.76.110(3)Verified Sep 23, 2026View source. 4. Wages due for labor performed within 60 days before deathRCW 11.76.110(4)Verified Sep 23, 2026View source. 5. Exemptions and awards under RCW 11.54RCW 11.76.110(5)Verified Sep 23, 2026View source. 6. All other enforceable demandsRCW 11.76.110(6)Verified Sep 23, 2026View source.
In proportion to their amounts: each claim in the class receives the same share of what it is owedRCW 11.76.150Verified Sep 23, 2026View source.
A personal representative is not personally liable for the decedent's debtsRCW 11.48.040Verified Sep 23, 2026View source. A personal representative who distributes property to heirs while claims are unpaid is personally liableRCW 11.76.170Verified Sep 23, 2026View source. Washington's statutes state no rule on the personal representative's personal liability for paying a later class before an earlier class is paid in full.
Washington law recognizes that a person named as personal representative may refuse the appointment (RCW 11.28.010; RCW 11.28.120(1)) but prescribes no particular document. A signed written declination filed with the court states the refusal on the record. Renunciation of Executor for Washington
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