What are the rules of intestacy?
Intestacy is the legal term for when someone dies without a valid will. In Washington, the rules of intestacy determine how the person’s estate is distributed among heirs if no will exists. The rules are found in Washington’s probate statutes and apply to all individuals without exception. Under Washington’s intestacy laws, the order of inheritance is determined by the degree of the individual’s relationship to the decedent. First, the decedent’s surviving spouse receives the entire estate if the decedent had no children. If the decedent had children, the spouse receives the first $150,000 of the estate and then half of the estate’s remaining balance. The other half is divided among the decedent’s children. If the decedent is not survived by a spouse or children, the estate is divided among the decedent’s parents, siblings, grandparents, aunts, uncles, nieces, and nephews, in that order. If none of the above-mentioned relatives survive the decedent, then the estate passes to the State of Washington. In addition, Washington has laws that exclude certain property from the intestacy rules. These laws apply to any property that is designated as exempt from the laws of intestacy. For example, most retirement accounts, life insurance policies, and joint bank accounts are exempt. It is important to note that intestacy laws can vary by state. Individuals should consult an attorney with any questions regarding intestacy in Washington.
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