Can an intestate estate be divided unequally among heirs?
Yes, an intestate estate can be divided unequally among heirs in Washington. Under Washington intestate succession law, the distribution of an intestate estate is based on the relationships each heir has to the deceased. Depending on who is entitled to the estate, certain heirs can receive a bigger share than others. Minor children of the deceased are entitled to receive a larger portion of the estate than adult siblings. In addition, if adult siblings are part of the same generation and have the same relative relationship to the deceased, then each sibling should receive equal shares of the estate. However, if other relatives such as nieces, nephews, or aunts and uncles are entitled to the estate, each of these heirs may receive unequal shares, depending on the size of their respective claims against the estate. Ultimately, the size of each heir’s share of the estate is based on the intestate succession law’s designation of who is an entitled relative. Since the intestate succession law dictates that each entitled relative’s share of the estate may vary, it is possible that the estate may be divided unequally among heirs.
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