Understanding Intestate Succession of Real and Personal Property in Washington

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

1. Classifying Real and Personal Property

Under Washington law, a decedent’s estate typically consists of:

• Real property: Land and structures (e.g., houses, commercial buildings).
• Personal property: Tangible items (vehicles, jewelry) and intangible assets (bank accounts, stocks).

RCW 11.04.100 defines key terms. Community property laws may apply to married couples, making half of community assets belong to each spouse.

2. Inventory and Appraisal Requirements

A personal representative (formerly “executor”) must file an inventory and appraisal of all estate assets within 60 days after appointment:

• Cite: RCW 11.44.010 (Inventory and Appraisal).
• The inventory lists each asset, its description, location, and appraised value.
• Appraisals may require a qualified appraiser for real property.

3. Paying Debts and Expenses

Before distribution, the personal representative must use estate assets to pay:

• Funeral costs and administrative expenses.
• Valid creditor claims.
• Taxes.

4. Intestate Distribution Scheme

When someone dies without a valid will, Washington’s intestacy statutes (Title 11 RCW, Chapter 11.04) determine heirs and shares.

• Surviving spouse only: Entire estate.
• Surviving spouse and descendants: Spouse receives community property plus a statutory share of separate property, with the rest divided among descendants. See RCW 11.04.015 (Intestate Shares).
• Descendants only: Entire estate divided per stirpes.
• No spouse/descendants: Estate passes to parents, then siblings, then more remote relatives in order.
• No heirs: Estate escheats to the state under RCW 11.08.

Real property passes by deed or court order if the title needs updating. Personal property transfers by court-distributed release or deed of distribution.

Helpful Hints

• Hire a qualified appraiser for real property to ensure accurate valuation.
• Meet the 60-day inventory deadline to avoid court sanctions.
• Consult RCW 11.04 and 11.44 online for full statutory details.
• Consider whether community property rules affect ownership shares.
• Keep clear records of each asset’s value and location.