Detailed Answer
When someone dies without a valid will in Washington and leaves no surviving spouse, their estate passes entirely to their descendants. Under Washington’s intestate succession laws, specifically RCW 11.04.015(2), if there is no spouse, the decedent’s children inherit in equal shares. In your scenario—three living children and no spouse—each child would receive one-third of the probate estate.
Washington distributes property per capita at the first generation with living takers. That means each child takes directly, rather than by dividing equally among family branches. If any child had predeceased the decedent but left children of their own, that branch would inherit the deceased child’s share per stirpes under RCW 11.04.017(3). For example, if one of the three children died before the decedent but left two children, those two grandchildren would split that child’s one-third share equally (each receiving one-sixth of the estate).
The personal representative (formerly called executor) appointed by the Superior Court in the county where the decedent lived will collect assets, pay valid debts and taxes, and distribute the remainder to the heirs according to these rules. If the estate qualifies as a small estate (total value under $100,000), you may use simplified procedures under RCW 11.76, which can speed up the process and reduce court fees.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances.
Helpful Hints
- Obtain multiple certified copies of the death certificate early. Courts and financial institutions require them.
- Compile a complete list of assets (bank accounts, real estate, personal property). Include approximate values.
- Check if the estate qualifies as a small estate under RCW 11.76 to use simplified probate forms.
- File the petition for appointment of personal representative in the county Superior Court where the decedent resided.
- Notify known creditors and use the statutory notice procedures to limit future claims.
- Keep detailed records of all receipts, bills paid, and distributions made to heirs.
- Consider hiring a probate attorney if the estate involves complex assets, disputes, or tax issues.