Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
In Washington, intestate succession is governed by Revised Code of Washington (RCW) 11.04. When someone dies without a will, their property passes by statute, not by election. A surviving spouse’s share vests in fee simple, not as a life estate.
Under RCW 11.04.015, a surviving spouse receives:
- 100% of the estate if the decedent left no descendants or parents.
- All community property and one-half of separate property if the decedent left descendants who are also the spouse’s descendants.
- All community property and the entire separate property if the decedent left descendants who are not the spouse’s descendants.
These shares vest immediately in fee simple. Washington law does not permit you to convert your intestate share into a life estate. Your ownership interest remains a present, absolute interest in the property.
However, Washington law does provide a separate homestead allowance under RCW 11.40.010. A surviving spouse may elect either to:
- Occupy the former marital residence as a life estate up to $125,000 in equity; or
- Receive a cash allowance up to $125,000 in lieu of the life estate.
This homestead election is independent of your intestate share and protects your housing rights during probate.
If the decedent left a will, you may challenge its provisions and take an elective share under RCW 11.12.030. The elective share provides a minimum percentage of the probate estate (often one-third) but does not allow you to convert that share into a life estate either.
In limited circumstances, heirs can agree privately to grant you a life estate. All interested heirs must sign a deed conveying a life estate interest to you. You should engage a probate attorney to draft and record any such deed and to ensure all statutory deadlines are met.
Helpful Hints
- Review your intestate rights under RCW 11.04.015: RCW 11.04.015.
- Consider the homestead allowance under RCW 11.40.010 for life estate or cash options.
- Check elective share rules in testate cases under RCW 11.12.030.
- Any private agreement to convert a fee interest into a life estate requires signed deeds from all heirs and proper recording.
- Consult a Washington probate attorney to protect your rights and meet court deadlines.