Can a surviving spouse receive less than their fair share of an intestate estate?

Yes, a surviving spouse can receive less than their fair share of an intestate estate in Washington. This is because Washington adheres to the laws of intestate succession, which outlines how assets are distributed when an individual passes away without a valid will. When a person dies without a will, their estate will be distributed according to a set of rules known as the "laws of intestate succession." These laws provide for certain relatives to receive the property of the deceased, in certain percentages. In Washington, the surviving spouse is entitled to the entirety of the intestate estate if there are no living children or parents of the deceased. However, if the deceased has living children, the surviving spouse is entitled to half of the intestate estate. Additionally, if the deceased has living parents or siblings, the surviving spouse is only entitled to one-third of the estate. Therefore, it is possible for a surviving spouse to receive less than their fair share of an intestate estate in Washington. This is why it is important to have a detailed and legally-binding will, in order to ensure that assets are distributed according to your wishes upon your passing.

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