Does a surviving spouse have any special rights to an intestate estate?

Yes, a surviving spouse has special rights to an intestate estate in the State of Washington. Under Washington intestate succession law, when the decedent dies without a will (intestate), the surviving spouse has the first right to inherit. The surviving spouse is entitled to the entire estate if there are no surviving children, grandchildren, or parents. If a decedent has children, the surviving spouse is entitled to the first $150,000 from the estate and half of the balance of the estate. If the decedent was not married when they died, their children will inherit the entire estate. Even if the surviving spouse chooses not to take the inheritance, they still have certain rights as a surviving spouse. For example, the surviving spouse is entitled to certain items of personal property, the right to use for a certain period of time the decedent’s homestead and household goods, and a portion of the decedent’s wages up to a certain amount. Additionally, the surviving spouse will have priority as the personal representative of the estate when there are multiple people that are entitled to take the inheritance. In summary, a surviving spouse in the State of Washington has special rights to an intestate estate. These rights could include the entire estate, the first $150,000 and/or half of the balance, personal property, homestead and household goods, wages, and priority as the personal representative.

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Does a surviving spouse have any special rights to an intestate estate?

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