What happens to the surviving spouse in an intestate estate?

In Washington state, if an individual dies without a will (intestate), the surviving spouse is entitled to a portion of the deceased spouse’s estate. The surviving spouse is typically entitled to the entirety of the couple’s community property, which includes income, investments, and assets acquired during the marriage. Depending on the circumstances, the surviving spouse may also be entitled to a portion of the deceased spouse’s separate property, which includes assets acquired prior to the marriage. In Washington, the surviving spouse is also typically entitled to the entire intestate estate if the deceased spouse has no living descendants (children, grandchildren, etc.). If the deceased spouse has living descendants, the surviving spouse is typically entitled to the first $150,000 of the intestate estate, plus one-half of any remaining balance. In addition to the entitlements above, the surviving spouse may also be entitled to a portion of the deceased spouse’s life insurance proceeds, pension benefits, annuities, and other benefits in certain cases. The surviving spouse may need to go to court to claim some of the entitlements listed above. If a surviving spouse goes to court, it is important to understand the intestate succession laws in Washington. An experienced attorney can help guide a surviving spouse through this process and ensure that their interests are protected.

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What happens to the surviving spouse in an intestate estate?

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