How can a surviving spouse protect their rights in an intestate estate?

In Washington, a surviving spouse can protect their rights in an intestate estate by understanding Washington’s intestate succession laws. Intestate succession is the process by which the courts distribute the assets contained in a deceased person’s estate who did not have a will. Under Washington’s intestate succession laws, a surviving spouse is first in line to inherit the deceased’s estate if there are no surviving children or grandchildren of the deceased. If the deceased had surviving children or grandchildren, the surviving spouse is entitled to inherit a percentage of the estate. The percentage is determined by the number of surviving children and grandchildren in relation to the surviving spouse. The surviving spouse will also take the share of the spouse of any descendant who has predeceased the deceased. In addition, if a surviving spouse was living in the same house as the deceased at the time of death, the surviving spouse is entitled to the entire estate, regardless of any surviving children or grandchildren. If the surviving spouse was living in a different house at the time of the deceased’s death, the surviving spouse is still entitled to a portion of the estate depending on the number of surviving children or grandchildren of the deceased. It is also important for a surviving spouse to understand the specific laws in their state. For example, in Washington, if the deceased died without a will and the estate consists of property with a value of more than $100,000, the surviving spouse may be required to provide additional documentation to prove their right to a share of the estate. By understanding Washington’s intestate succession laws, a surviving spouse can protect their rights in an intestate estate.

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