How the Remaining Estate Funds Get Distributed to the Decedent’s Children in Washington

Disclaimer: This is general information, not legal advice. I am not a lawyer. For decisions that affect legal rights, consult a licensed Washington attorney.

Detailed Answer — Step-by-step: how distribution to children normally happens under Washington law

When a person dies and the estate has paid taxes, creditor claims, and administration expenses, the remaining cash and property are ready for distribution to heirs or beneficiaries. The process in Washington generally follows these steps:

1. Determine whether the decedent had a valid will.

   If there is a valid will, the personal representative (executor) distributes assets according to the will’s terms, after court approval of the estate accounting. If the will names the children as beneficiaries, the will controls.

   If there is no valid will (intestate), Washington’s intestacy rules govern who inherits and in what shares. See Washington’s intestate succession statutes: RCW Chapter 11.04.

2. Personal representative gathers assets and pays obligations.

   The personal representative collects assets, inventories property, gives required notices, pays funeral costs, administration expenses, taxes, and allowed creditor claims. Only after obligations are settled does the representative prepare the distribution plan.

3. Prepare and file a final accounting or petition for distribution with the probate court.

   The personal representative must typically file a final accounting or a petition asking the court to approve distribution. The court confirms that debts and taxes were paid and that distribution follows the will or the law.

4. Children’s shares depend on the will or Washington intestacy rules.

   If the will leaves everything to the children, the will usually sets the shares (for example, equal shares). If there is no will, RCW Chapter 11.04 explains how property passes to surviving spouse, children, and other relatives. In a simple case with no surviving spouse, the decedent’s children inherit in equal shares. If a child predeceased the decedent and left descendants, Washington law provides for representation of that branch (see RCW 11.04.015 and related sections).

5. Distribution mechanics — cash and property transfers.

   Once the court approves distribution (or the personal representative has authority under a small-estate procedure, if applicable), the representative transfers cash to beneficiaries by check or wire and conveys titled property (real estate, vehicles) by recording deeds or transferring title. If beneficiaries disagree on in-kind distributions, the personal representative may sell assets and distribute proceeds, subject to the will or court order.

6. Special situations that affect children’s receipt of funds.
   • If a child is a minor, the child cannot usually receive a large cash distribution outright. The court may appoint a guardian of the estate or order funds placed in a blocked account, trust, or custodial account (such as UTMA) for the child’s benefit.
   • If an heir disclaims (refuses) an inheritance, their share may pass to their descendants or to other heirs under statute or the terms of the will.
   • Missing or unknown heirs slow distribution. The personal representative must make reasonable efforts to locate heirs, and courts may require additional notices.
7. Timing and possible delays.

   Even after debts are paid, distribution does not always happen immediately. Common reasons for delay include creditor disputes, tax audits, beneficiary disputes, difficulty locating heirs, and court backlog. Expect simple estates to take several months; complex or contested estates often take longer.

Where Washington statutes apply

Washington law governing intestate succession is in RCW Chapter 11.04: https://app.leg.wa.gov/rcw/default.aspx?cite=11.04. General probate and administration rules are in Title 11 of the Revised Code of Washington: https://app.leg.wa.gov/rcw/default.aspx?cite=11. These provisions set out who inherits when there is no valid will and provide rules for representation of predeceased descendants.

Common Questions About Distributing an Estate to Children (FAQ-style)

Q: If the decedent had a will that leaves everything to the children, do I still need court approval?

A: Usually the personal representative goes through probate. The court typically approves the personal representative’s final accounting before distribution. Some small estates may use simplified procedures — check with an attorney or the court.

Q: How are shares divided if there is a surviving spouse and children?

A: Shares depend on whether the spouse is also the parent of the children and other family circumstances. Washington’s intestacy rules determine the spouse’s and children’s shares. See RCW Chapter 11.04 for the detailed rules: RCW 11.04.

Q: What if a child died before the decedent but left children of their own?

A: In many cases the deceased child’s descendants represent that branch and inherit the share that their parent would have received. The distribution rules for representation are in RCW Chapter 11.04.

Q: Can a beneficiary force distribution sooner?

A: Beneficiaries can request an accounting or petition the court, but the personal representative must ensure debts, taxes, and claims are paid first. If the representative is delaying unreasonably, beneficiaries may ask the court to compel an accounting or removal.

Helpful Hints

• Gather key documents early: death certificate, original will (if any), deeds, bank and investment statements, retirement account beneficiary designations, and recent tax returns.
• Confirm whether assets pass outside probate (beneficiary-designated accounts, joint tenancy, payable-on-death accounts) — those typically do not go through probate and will not be part of the estate distribution to children.
• Keep clear records of all estate expenses and payments; the personal representative must account for these in the final report to the court and beneficiaries.
• If a child is a minor or has special needs, plan for a protective mechanism (guardian of the estate, trust, or custodial account) rather than an outright distribution.
• Consider tax implications. Washington has a state estate tax. Estate tax returns and possible federal returns can affect net distributions. Consult a tax professional or attorney for deadlines and filing duties.
• If heirs are missing or disputes arise, get legal help. Disputes among beneficiaries or claims against the estate can significantly delay distribution.
• When in doubt, consult a Washington probate attorney. They can advise on whether the estate qualifies for small-estate procedures, how to interpret the will or intestacy rules, and how to handle complex distribution questions.

For statutory rules on who inherits when there is no valid will, see RCW Chapter 11.04: https://app.leg.wa.gov/rcw/default.aspx?cite=11.04. For the text of Washington’s probate and trust law generally, see Title 11 of the Revised Code of Washington: https://app.leg.wa.gov/rcw/default.aspx?cite=11.

If you want, I can outline the specific documents the personal representative will need or list local resources to help find a probate attorney in Washington.