Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
When someone dies without a valid will in Washington, state intestacy laws under RCW Title 11 govern asset distribution. If an heir is under 18, Washington law provides multiple safeguards to protect the minor’s inheritance.
1. Appointment of a Personal Representative
Within four years of the decedent’s death, interested persons must petition the court to appoint a personal representative under RCW 11.28.015. The personal representative manages the estate, pays debts, and distributes assets.
2. Supervised Administration of the Estate
The court can order supervised administration to ensure proper handling. For minor heirs, the court may require the personal representative to deposit funds into a blocked account or obtain bonds to secure the inheritance under RCW 11.28.015(5).
3. Guardianship of the Minor’s Estate
If the minor inherits significant assets, the court may appoint a guardian of the estate under RCW 11.88.010. The guardian manages the inheritance until the minor turns 18 and must file periodic accountings with the court.
4. Uniform Transfers to Minors Act (UTMA)
Washington’s UTMA allows certain non-probate transfers directly to a custodian for a minor under RCW 11.130.205. A custodian can hold and invest the assets until the minor reaches age 21, reducing court involvement.
5. Court-Approved Distributions
Court approval often is required before releasing principal to cover the minor’s health, education, maintenance, or support. Guardians must petition the court under RCW 11.88.120 to distribute funds.
Helpful Hints
- Initiate probate promptly to protect the minor’s share.
- Consider using UTMA for smaller inheritances to avoid full guardianship.
- Obtain bonds or court orders to secure estate assets.
- Keep detailed records of all estate transactions.
- Consult an attorney familiar with Washington probate and guardianship rules.