It’s understandable that picturing a future where we are no longer here to spend time with our loved ones is an unpleasant endeavor. Most of us do not want to think about leaving this world (and those we love) behind. However, rather than thinking about the estate planning process as an intimidating or depressing task, why not approach these critical decisions from a place of love and empowerment? Those who take some time to explore their estate planning options with a highly qualified and compassionate Washington estate planning lawyer often find the experience to be deeply rewarding and a source of comfort. Knowing that there are designated legal protections in place to keep your loved ones safe and secure no matter what allows you to feel lighter and approach the future with open arms.
Not only can you use your estate plan to express your health care treatment preferences, preserve your assets while minimizing tax obligations, and support vulnerable loved ones through a Special Needs Trust, but you can also trust that your estate will be distributed among your beneficiaries according to your wishes. When someone passes away in Washington State without a valid will in place, state intestacy laws will determine the administration of your estate. Unfortunately, this means that your assets may not be distributed according to your vision. Let’s take a look at what happens if you die without a will in place and how enlisting the guidance of a dedicated and caring Spokane estate planning attorney is the best way to protect your loved ones and preserve your legacy.
Dying Without a Will in Washington State
When someone passes away in Eastern Washington, the court will want to know whether the decedent left behind any estate planning documents, such as a last will and testament. If no will exists, the estate is considered “intestate.” Cornell Law School’s Legal Information Institute explains that when someone passes away without leaving a will behind, “the distribution of the deceased’s property is governed by the laws of intestacy, which vary from state to state.” In other words, the lack of a last will and testament to provide clear guidelines for administering the estate means that the probate court must rely on Washington’s intestacy laws to determine the allocation of the estate’s assets among any surviving family members. Although intestate succession in Washington state aims to support the decedent’s spouse, children, and other dependents in a fair and equitable manner, there is no guarantee that these intestacy laws will align with the decedent’s vision for their estate. The only way to ensure that your beneficiaries inherit the assets you want to bequeath to them is to work with your Spokane estate planning attorney to create a last will and testament and other estate planning documents that make these wishes known.
What is the Procedure When Someone Dies Without a Will?
When a resident of Washington State passes away without a valid will in place, the probate court will oversee the administration of the estate according to state intestacy laws. Since Washington is what’s known as a community property state, the legislature put intestacy laws in place that aim to support the decedent’s surviving spouse (if applicable). Under RCW 11.04.015, “The surviving spouse or state registered domestic partner shall receive the following share: (a) All of the decedent’s share of the net community estate; and (b) One-half of the net separate estate if the intestate is survived by issue; or (c) Three-quarters of the net separate estate if there is no surviving issue, but the intestate is survived by one or more of his or her parents, or by one or more of the issue of one or more of his or her parents; or (d) All of the net separate estate, if there is no surviving issue nor parent nor issue of parent.” Simply put, the surviving spouse or domestic partner will receive as much of the decedent’s remaining assets as possible. However, if the decedent has surviving children, parents, or siblings, they have the right to receive some (usually smaller) portion of the decedent’s separate property as well.
When There is No Surviving Spouse
If the decedent did not leave behind a surviving spouse or domestic partner, the estate will be handled somewhat differently. Any surviving children of the decedent will receive equal shares of the entire estate (provided that the children all share an equal degree of kinship, meaning they are equally related to the decedent). However, if the decedent did not have any children, their parents will receive equal shares of the entire estate. In the event that no living parents remain, the decedent’s estate will pass to any surviving siblings, nieces, or nephews. If siblings, nieces, or nephews do not exist, the estate passes to any living grandparents of the decedent (or, if the grandparents are not alive, the estate passes to any surviving aunts, uncles, or cousins of the decedent).
Special Considerations to Children of the Decedent
Those who put a will in place have the opportunity to address unique family dynamics, such as how they would prefer their assets be distributed among their biological children, step-children, or adopted children. Death without a will in Washington state can make it hard to sort through more complex family relationships, so intestacy laws are in place to determine how the estate’s assets will be distributed in cases of unique family dynamics. If you have questions about these situations, consider contacting a lawyer for death without a will to determine the most strategic course of action. The key takeaway from exploring intestate succession laws in Washington State is that taking time to create an estate plan long before it becomes necessary ensures that your wishes will be known and respected no matter what. If you’re ready to protect your loved ones and your legacy, get started with a knowledgeable and empathetic Spokane estate planning attorney today.
The best way to know that your loved ones and your legacy will remain protected long after you’re gone is to put an estate plan that addresses how you would like your estate to be distributed when the time comes. Reach out to Kristina Mattson Law today at (509) 998-6629 to discuss your goals with a dedicated and caring Spokane estate planning attorney.
