What Happens if I Die Without a Will?
(Washington)
Please note that this is a simplified summary of the general rules of Intestacy in Washington. Please note that in Washington the Intestacy rules, for the most part, only control probate assets. Assets which pass automatically on death (for example life insurance and IRA accounts) will pass pursuant to beneficiary designations. Depending on how title to real Estate is taken, it may or may not be a probate asset. This document simply explains who would be entitled to your assets after the payment of your debts. In most instances, a probate of your estate would be necessary before the person(s) entitled to your property would receive anything. Because these are general rules, I suggest that you contact an attorney to discuss the specifics of your situation.
Vocabulary:
Descendant – Children, Grandchildren, Great-grandchildren, etc.
Beneficiary – The person who receives the property.
Community Property – A married couple is treated as a fictitious single person in community property states. Virtually all property acquired during a marriage is community property. Furthermore, separate property (property that a spouse owns prior to the marriage or that a spouse acquires by gift, etc. from that spouse’s family or property that is designated by the marriage partners as separate property) can be converted into community property, or partial community property, if assets of the marital community, for example wages earned during marriage, are used to maintain the property.
What happens if I die without a will?
I’m married (or a registered domestic partner) and I have no children – If you are married on the date of your death and do not have any children, your spouse will receive all of the community property and 75 % of your separate property. The other 25 % of your separate property would go to your parents if living, or if your parents are not living, to the descendants of your parents. If there are no persons living that are descendants of your parents, your spouse would then receive all of your property.
I’m married (or a registered domestic partner) and I have children – If you are married on the date of your death and have children, your spouse will receive all of the community property and 75 percent of your separate property. The other 25 % of your separate property would go to your children. Please see the note below regarding the age of beneficiaries.
I’m unmarried and I have children – If you are not married on the date of your death, your children will divide your property equally. Please see the note below regarding the age of beneficiaries.
I’m unmarried and I do not have children – If you are not married on the date of your death and you have no children, your property passes as follows:
First, if your parents are living on the date of your death, your property goes to your parents. If your parents are deceased, your property is divided among the descendants of your parents by right of representation. For example, if you have three brothers, but one brother predeceases you leaving two children, your two living brothers would each receive 1/3 of your property, and each of the deceased brother’s children would receive 1/6 of your property.
If your parents and all descendants of your parents predecease you, your property goes ½ to your grandparents and descendants of your grandparents on your mother’s side and ½ to your grandparents and descendants of your grandparents on your father’s side based on the degree of relationship to you. For example, if you have one living grandparent, the living grandparent would receive ¼ of your estate, and the descendants of the predeceased grandparents would take by right of representation. If you have no surviving grandparents, and if your father had 2 sisters, both of whom are living, and your mother had 4 sisters, two living, one deceased with no children and one deceased with 2 children, your father’s sisters would receive ¼ of your property each, your mother’s living sisters would each receive 1/6 each and your mother’s deceased sister’s children would receive 1/12 each.
If your grandparents and all descendants of your grandparents predecease you, the your property goes to the State of Washington.
I have more than $2 million in assets – Please see the note below regarding the age of beneficiaries. If you and your spouse (if you have one) have more than $2 million in assets, it is important to review both Washington and Federal Estate and Inheritance Tax law. Without appropriate tax planning, you may pay additional tax.
If a beneficiary is under age 18 – Children under the age of 18 cannot inherit directly. Either the property must be transferred to a custodian or a conservator who controls the property until the child reaches the age of majority. Under some circumstances the child would have access to the property at age 18, but under other circumstances not until 25.
This document is a summary of the intestacy rules in effect in Washington as of February 18, 2008. This document does not create an attorney-client relationship. If you desire more information about estate planning, I invite you to contact me.
Circular 230 Disclaimer: If any portion of this communication is interpreted as providing federal tax advice, Treasury Regulations require that we inform you that we neither intended nor wrote this communication for you to use in avoiding federal tax penalties that the IRS may attempt to impose and that you may not use it for such purpose.
