How does a surviving spouse's remarriage affect an intestate succession?

In Washington, a surviving spouse’s remarriage can affect an intestate succession. Intestate succession is the process of distributing an estate of someone who dies without a will in place. In such cases, Washington law provides for the division of the estate among the surviving spouse and any children, grandchildren, or other relatives. When a surviving spouse remarries, the newly married couple’s assets (including the estate of the deceased person) become a part of the marital community, and are equally divided in the event of a divorce. This means that the estate of the deceased person may be divided among the surviving spouse, the deceased person’s children or other relatives, and the surviving spouse’s new spouse. Additionally, a surviving spouse’s remarriage will affect inheritance rights under Washington law. In cases where a deceased person’s estate is inherited by a surviving spouse, the newly married couple’s assets become a part of the marital community and may be subject to division in the event of a divorce. This means that the surviving spouse’s new spouse may receive a portion of the inheritance, leaving less for the children or other relatives of the deceased person. Therefore, a surviving spouse’s remarriage can affect an intestate succession in Washington. In such cases, the assets of the deceased person, as well as any inherited assets, may be subject to division among the surviving spouse, the deceased person’s children or other relatives, and the surviving spouse’s new spouse. Additionally, the surviving spouse’s new spouse may receive a portion of any inherited assets, leaving less for the children or other relatives of the deceased person.

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