Ketter, Sheppard and Jackson LLP

What happens if you die without a will in Washington State?

Did you know that if you die without a will, a revocable trust, or some other means to pass your assets upon death, they will be distributed to your relatives under the Washington State laws of intestacy?

Under those laws, if you are married your spouse gets all of the community property. Your spouse will also get some portion of your separate property. How much your spouse receivers depends on your family situation.

If you are not married, your children or their descendants split all of your property.

If any of your children or their descendants are still living, they get half of your separate property and your spouse receives the other half.

If you don’t have any living descendants, but one or both of your parents, or any of your siblings, or their descendants, is still alive, your spouse’s share becomes three-quarters and the other quarter is split amongst your family.

If you are not married, your children or their descendants split all of your property. If you don’t have children, of if none of your children or their descendants is still living, then your assets go to your surviving parents or their descendants. If none of them is living, then to your grandparents, if any of them is still living, to be split one-half to your father’s side and one-half to your mother’s side. If a set of grandparents are both dead, then that share goes to their descendants.

While intestacy may distribute your property the way you want, there are some definite reasons to put your wishes in writing. One reason is that under intestacy you don’t get to choose who manages the process of distributing your assets. Another reason not to rely on intestacy is that property left to a person under 18 will almost certainly result in a court-supervised trust. A third reason is that, if your property passes to someone on Medicaid or some other needs-based government benefits, your gift may disqualify them from those benefits because they now have too many assets to qualify.

This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Ketter, Sheppard & Jackson, LLP. Laws vary by jurisdiction and change over time, so you should not rely on this information as a substitute for consulting a licensed attorney about your specific situation. If you need legal assistance, please contact our office directly.

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