Dying without a Will, or dying intestate, can trigger unnecessary stress for your family. Many people think dying without a will turns the probate process into a free for all. However, if you die without a Will, Washington State law kicks in and applies a formula to how your property will be distributed. Of course, we recommend every adult have their own Will. This ensures your property passes according to your wishes rather than according to the state’s cookie cutter laws.
The Washington State statute that addresses the distribution of assets when someone dies intestate is Revised Code of Washington 11.04.015. Generally, it states that the decedent’s surviving spouse is entitled to the following proportions of their estate:
- 100 percent if the decedent has no surviving descendants, parents or siblings
- 75 percent if the decedent is survived by their parents or siblings
- 50 percent if the decedent is survived by direct descendants.
In the above situations, where deceased’s parents, siblings and/or direct descendants, are still alive, each person in those respective groups will split the allotted portion of the estate equally among themselves.
In the event the decedent does not have a surviving spouse, the Washington State intestate succession guidelines require the estate be administered in the following order: descendants, parents, siblings, grandparents and next of kin.
Your estate plan shouldn’t be left to the government’s guidelines. The knowledgeable attorneys at Cooney Law Offices offer a broad range of estate planning services. We draft Last Will & Testaments, Power of Attorneys, Health Care Directives and many other important legal documents.
We can help if your friend or loved one has passed away without a will. Or if you’re ready to draft your first Will or even re-write a prior Will, feel free to connect with us today. Cooney Law Offices. Solutions for you!