When many of us hear the term estate planning, we assume this means creating a will. However, an estate plan can encompass many different tools, ranging from wills to trusts to incapacity planning. Essentially, you can customize your estate plan to address your unique needs and wishes. Discussing your vision for your future and that of your family with a dedicated and compassionate estate planning attorney is the best way to ensure that your legacy will remain bright and secure no matter what the future may hold. Without an estate plan in place, a person’s estate will be subject to state succession laws (also known as intestacy laws), meaning that their property may not be distributed or handled according to their personal preferences or wishes. Let’s take a closer look at how Washignton’s intestacy laws work and why it’s usually in your best interest to work with an estate planning attorney to put an estate plan in place before it becomes necessary.
Understanding Intestacy in Washington State
First, it’s helpful to understand what the term “intestacy” means. Intestacy is the legal term for the court-supervised administration of someone’s property and estate after they pass away without a valid will in place. When you create a will, this document provides instructions as to how you would like your estate to be distributed among your named beneficiaries upon your death. Without such clear legal guidance in place, the Washington court must step in to oversee the administration of the estate according to the state’s intestacy laws. While these laws attempt to predict what someone would have wanted to happen to their estate upon their passing, these assumptions may not align with the deceased individual’s true wishes. Unfortunately, neglecting to leave a will behind means that your estate may be handled differently from how you would have wanted it to be. Generally, Washington’s law of intestate succession follows the following formula.
Surviving Spouse
When an individual passes away in Washington without a will, state intestacy laws dictate that their surviving spouse or domestic partner will receive the following:
- All of the decedent’s share of the community estate; and
- One-half of the net separate estate if the decedent has surviving issue (i.e., children or grandchildren; or
- Three-quarters of the net separate estate if there are no surviving issue but there are surviving parents or siblings; or
- All of the decedent’s separate estate if there are no surviving children, grandchildren, parents, or siblings.
Ultimately, the goal of this law is to ensure that the surviving spouse or domestic partner receives the majority of the decedent’s remaining property while allowing some portion of the estate to pass along to any other beneficiaries (such as children, grandchildren, parents, or siblings).
When There is No Surviving Spouse
When someone passes away without a will and there is no surviving spouse, Washington’s rules of intestate succession provide the following guidelines:
- Any surviving issue take the entire estate in equal shares, provided they are all in equal “degrees of kinship” (i.e., they are all equally related to the decedent, such as the decedent’s two children)
- If there are no surviving issue, the decedent’s parents take the entire estate
- If there are no surviving issue or parents, the estate passes to the issue of the decedent’s parents (such as siblings, nieces, and nephews)
- In instances where none of the above exist, the estate will go to the decedent’s grandparents
- If the decedent has no surviving grandparents, the estate passes to the issue of the decedent’s grandparents (i.e., aunts, uncles, and cousins)
Special Considerations Concerning Children
Washington’s rules of intestate succession recognize that families vary considerably in their composition, dynamics, and needs. To that end, the rules address certain situations that may arise for some families as they navigate the loss of a loved one who did not put a will in place. For example, the rules clarify that adopted children are entitled to receive the same share from their adoptive parents as a biological child would. However, foster children and other children who have not been formally adopted are not entitled to receive a share of the decedent’s estate. In some cases, it may be necessary to establish paternity in order for someone to inherit a share of the decedent’s estate. As you can see, these matters can become complicated rather quickly, so it’s best to enlist the guidance of a trusted and experienced Vancouver estate planning and probate attorney to help you assess and understand your unique situation.
Estate Planning Preserves Your Wishes
Although state intestacy laws aim to safeguard loved ones and to ensure that a person’s family members inherit their property, they do not always align with the decedent’s preferences and wishes. The best way to ensure that your estate is distributed according to your vision is to work with an estate planning attorney to create a will or trust documenting these wishes. Not only will this legal document help to govern your estate as smoothly as possible when the time comes, but it will also allow you to enjoy a greater peace of mind while you are still here. Sometimes, just knowing that your loved ones will be in safe hands and looked after according to your wishes can make you feel lighter and more confident in the future, no matter what it brings.
If you are exploring your estate planning options to protect your loved ones and your legacy, the dedicated and caring legal team at Myatt & Bell, P.C. is ready to help you identify and achieve your goals. We encourage you to call our Vancouver office at (360) 360-0212 or our Portland office at (503) 641-6262 today to get started.
The content on this blog is for general informational purposes only and does not constitute legal advice. The author of this blog is not an attorney, and the views expressed are solely those of the author. Always seek the advice of a qualified attorney for legal guidance regarding your unique situation.
