Who Owns the Property and Who Are the Heirs After a Grandparent's Death — Washington | Washington Probate | FastCounsel
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Who Owns the Property and Who Are the Heirs After a Grandparent's Death — Washington

How to Determine the Heirs and Property Owner After a Grandparent’s Death in Washington

This article explains, in plain language, how to find the rightful heirs and who owns real property after a grandparent dies under Washington law. This is educational only and not legal advice.

Detailed answer — step-by-step

1. Look for a will or trust first

If your grandparent left a valid will or a trust, that document usually controls who inherits property. Check these places:

  • Paper files at the decedent’s home or safe deposit box.
  • Mail, email, or messages that mention an attorney or trust company.
  • Contact attorneys the decedent used (family members may know the lawyer’s name).

If you find a will, the person named as personal representative (executor) should file it in the county probate court where the decedent lived. If the will was already filed with the court, the county clerk will have a record.

2. Search county records to find the recorded deed and current title

Ownership of real property is normally shown by the deed recorded with the county recorder (sometimes called the county auditor or county clerk). To learn who currently holds title:

  • Search the county recorder’s online index for the decedent’s name to find the deed and any recorded transfers.
  • Check the county assessor’s property search to see the listed owner and parcel number.
  • If the deed lists the decedent as a joint tenant with right of survivorship, the other joint owner usually becomes the sole owner automatically on the decedent’s death. If the deed lists tenants in common, the decedent’s share passes to the decedent’s estate (by will or intestacy).

3. If there is no will: Washington’s intestate succession rules

When someone dies without a valid will, Washington law provides a priority list of heirs who inherit. The primary rules are in the Washington Probate and Trust Law (Title 11 RCW). See the chapter on intestate succession: RCW Title 11 — Intestate succession (chapter 11.04).

In plain terms, the common order of heirs is:

  1. Surviving spouse (or registered domestic partner) and descendants (children, grandchildren). The spouse’s share depends on whether community property exists and on which relatives survive.
  2. If no spouse or descendants, the decedent’s parents inherit.
  3. If no parents, then the decedent’s siblings and their descendants inherit.
  4. If none of the above, more distant relatives may inherit. If there are no heirs, the estate may ultimately escheat to the state.

Washington’s statutes describe how to divide shares among spouse and descendants and how representation (when a child dies before the decedent) works. For legal text, see: RCW 11.04.015 — Distribution of intestate estate.

4. Consider marital or community property issues

Washington is a community-property state, so property acquired during a marriage may be community property. That affects the surviving spouse’s share and ownership of property at death. If the property is community property, the surviving spouse typically owns one-half immediately and the decedent’s one-half passes under the will or intestacy.

5. Small estate procedures and simplified options

If the estate’s total value is small, Washington has procedures that allow a person to claim property or transfer title without full probate. See the chapter on disposition of estates without administration: RCW 11.62. Examples include small estate affidavits or statutory affidavits for personal property and some streamlined procedures for real property in limited circumstances.

6. Probate administration when needed

If the decedent owned property that must pass through probate, someone (usually a named executor or an interested heir) will open a probate case in the county where the decedent lived. Probate finalizes who the heirs are, pays debts, and transfers title. County superior court probate clerks can tell you how to file but cannot give legal advice.

7. When to get a title search or hire an attorney

If ownership is unclear, a title company can run a complete title search and issue a title report showing recorded ownership and encumbrances. If heirs dispute each other, the deed shows joint tenancy language, large assets are involved, or the law looks complicated (community property, trusts, beneficiary designations), consult an attorney who practices probate and estate law in Washington.

8. Typical timeline and key documents to gather

Gather these documents to speed the process:

  • Death certificate (multiple certified copies).
  • Original will or trust documents, if found.
  • Recorded deed, title report, and recent property tax statements.
  • Marriage, divorce, and birth certificates that document family relationships.
  • Bank statements, account numbers, beneficiary designations (e.g., payable-on-death), and vehicle titles.

9. Example (hypothetical)

Grandparent A dies without a will, owned a house in their name alone, and is survived by a spouse and one deceased child who left two grandchildren. Under Washington law the spouse and descendants share the estate; distribution depends on community property and the statutory formula. If there is community property, the spouse likely retains one-half by operation of marital property rules, and the remaining one-half is divided among the spouse and descendants per the intestacy rules in RCW chapter 11.04. A probate attorney can calculate shares precisely for your facts.

10. Final note on actions to take now

Practical immediate steps:

  1. Obtain several certified copies of the death certificate from the funeral home or county health department.
  2. Search for a will, contact the decedent’s lawyer, and check the county superior court probate records for any filed documents.
  3. Search the county recorder/assessor to identify the recorded owner of the property.
  4. If the title is unclear or you expect disputes, speak with a Washington probate attorney or a title company for a title search and next steps.

Helpful hints

  • Start with a certified death certificate — many offices require it before they will release records or change title.
  • Check the county recorder’s office online — you can often read the deed and the chain of title yourself for free or small fees.
  • If a deed uses the words “joint tenants” or “with right of survivorship,” the property typically passes automatically to the surviving joint owner(s).
  • Beneficiary designations on bank accounts, IRAs, life insurance, or transfer-on-death deeds override wills for those assets; look for beneficiary forms.
  • Keep careful records of who you contact and what documents you obtain — that helps later if there is a dispute.
  • If the estate seems small and uncontested, a small estate affidavit under RCW chapter 11.62 may save time and money.
  • Use an attorney when heirs disagree, when significant assets or tax issues exist, or when the title is unclear. Many attorneys offer a short initial consultation.
  • County clerks and court staff can explain filing steps but cannot give legal advice—an attorney interprets the law for your situation.

Disclaimer: This article explains Washington law in general terms and is educational only. It is not legal advice. For advice about your specific situation, contact a licensed Washington attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.