Does an intestate estate automatically go to a surviving spouse?

In Washington, the answer to this question depends on whether the deceased was survived by a spouse and descendants. If the deceased was survived by a spouse and descendants, the intestate estate passes to the spouse. The intestate estate consists of the property owned by the deceased that does not pass under a will or other writing. The surviving spouse will be entitled to one-half of the intestate estate. The descendants are then entitled to the remaining half of the estate in equal parts. If the deceased was not survived by descendants, but was survived by a spouse, the intestate estate passes to the spouse in its entirety. In this case, the surviving spouse is entitled to the entire intestate estate. If the deceased was not survived by a spouse, the intestate estate passes to the surviving descendants in equal parts. If there are no surviving descendants, the intestate estate passes to the deceased’s parents. If neither parent survives the deceased, the estate passes to the deceased’s siblings. If no siblings survive the deceased, the estate passes to the deceased’s next of kin. It is important to note that in Washington, if the deceased was married at the time of death, the surviving spouse is entitled to a forced share of the intestate estate regardless of the legal provisions of succession outlined above. This means that even if the deceased did not leave a surviving spouse or descendants, the surviving spouse would still be entitled to a portion of the intestate estate.

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Does an intestate estate automatically go to a surviving spouse?

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