Detailed Answer

Washington Family Allowance Under RCW 11.36.010

Under Washington law, a surviving spouse can seek a family allowance from the decedent’s probate estate to cover living expenses during administration. RCW 11.36.010 grants the court authority to set aside a reasonable allowance for the surviving spouse and minor children. To secure this allowance, the spouse must file a petition in the probate proceedings and prove legal marriage to the decedent.

Importance of a Certified Marriage Certificate

A certified marriage certificate is primary evidence of marital status. Probate courts rely on it to verify the relationship and confirm eligibility for the family allowance. Without it, the court may delay or deny the petition until you supply adequate proof of marriage.

Effect of an Incomplete or Missing Certificate

If your marriage certificate is missing or incomplete—such as lacking a county seal or signature—the court will request replacement or alternative proof. This can delay the allowance and increase administrative costs. Other heirs may contest your claim if you cannot establish the marital relationship in a timely manner.

Obtaining a Certified Copy of Your Marriage Record

Washington law provides a straightforward process to obtain a certified copy. Under RCW 26.04.125, you may request a new copy from the county auditor or health department where the marriage license was filed. You typically submit an application, pay a small fee, and wait 1–2 weeks for processing.
RCW 26.04.125

Alternative Evidence of Marriage

If you cannot obtain a certified copy, you may present substitute evidence, including:

• Affidavits from the officiant or witnesses.
• Joint tax returns or bank statements.
• Deeds or titles showing joint ownership.
• Children’s birth certificates listing you as spouse.
• Photographs, invitations, or wedding programs.

Impact on Your Spousal Allowance Claim

A missing or incomplete certificate does not automatically disqualify you. However, courts may impose stricter scrutiny and require more documentation. They may also schedule a hearing to resolve disputes. The longer it takes to prove the marriage, the longer you wait for critical living expenses.

Next Steps

Begin by requesting a certified copy under RCW 26.04.125. If that fails, compile alternative evidence and file your family allowance petition promptly under RCW 11.36.010. Early action reduces delays and lowers the risk of contest by other heirs.
RCW 11.36.010

Disclaimer: This article is for educational purposes only and is not legal advice. Consult a licensed attorney in Washington for guidance on your situation.

Helpful Hints

• Request a certified copy from the county where you married (RCW 26.04.125).
• Gather secondary evidence: joint accounts, tax returns, property deeds.
• File the family allowance petition quickly (RCW 11.36.010).
• Prepare affidavits from officiants or witnesses.
• Expect a court hearing if proof is contested.
• Consult an attorney for strategy and forms.