Can an intestate estate be divided among more than one heir?
Yes, an intestate estate can be divided among more than one heir. In Washington, the state’s intestate succession laws follow a set of guidelines to determine who a decedent’s heirs are and how the estate should be divided. Generally, the spouse is the first to inherit, followed by children or grandchildren. If the decedent has no spouse, children, or grandchildren, the estate is divided in equal portions between the next closest living relatives, such as parents, siblings, nieces/nephews, and grandparents. When there are more than one heir, the estate is usually divided among the number of heirs, usually called a "per stirpes" distribution. This type of division ensures that each heir receives an equal portion of the estate, regardless of relation. For example, if there are two children and four grandchildren, each group will receive a one-third portion of the estate. If the decedent did not create a will, it is possible that one or more of the heirs may challenge the division of the estate. To prevent potential disputes, the court may require that the heirs sign a document releasing their rights to the estate or any portion of it. This document also serves to legally acknowledge the division of the estate. In conclusion, it is possible for an intestate estate to be divided among multiple heirs in Washington. To ensure a fair division of the estate and to prevent disputes, all heirs must agree to the division and sign a formal release of any rights to the estate.
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