Disclaimer: This post provides general information about Washington intestate succession. It is not legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
When a person dies without a valid will in Washington, their assets pass under the state’s intestacy rules found in the Washington Probate Code (RCW 11.04). Intestate succession determines who inherits property and in what shares. Follow these steps to understand the process:
1. Identify Community vs. Separate Property
- Community Property: Property acquired by either spouse during marriage, except by gift or inheritance. Under RCW 26.16.030, spouses each own an undivided half.
- Separate Property: Property owned before marriage, and gifts or inheritances received during marriage.
2. Distribution When a Surviving Spouse Exists
Under RCW 11.04.015:
- No Descendants or Only Descendants of Both Spouses: The surviving spouse inherits 100% of community and separate property.
- Descendants Include Children from Another Relationship: The spouse inherits all community property and one-half of the separate property. The remaining separate property passes to the decedent’s descendants by right of representation.
3. Distribution When No Surviving Spouse Exists
If the decedent leaves no surviving spouse, the estate passes to their descendants in equal shares by right of representation under RCW 11.04.015(1)(c).
4. Next-Tier Heirs When No Spouse or Descendants Exist
- Parents: If no spouse or descendants, the estate goes equally to surviving parents under RCW 11.04.017.
- Siblings and Their Descendants: If no spouse, descendants, or parents, siblings (or their descendants) inherit per RCW 11.04.017.
- Grandparents or Next of Kin: Absent closer relatives, the estate passes to grandparents, then more distant kin under RCW 11.04.020.
- No Heirs: If no eligible heirs exist, the property escheats to the state of Washington under RCW 11.04.020.
Helpful Hints
- Gather documentation on marital status and dates of acquisition to classify community vs. separate property.
- Obtain a certified copy of the death certificate and a probate court filing to start the process.
- List all potential heirs: spouse, children, parents, siblings, grandparents, and their descendants.
- Consult the county probate court clerk for local forms and filing fees.
- Consider mediation if heirs dispute shares under intestacy rules.