Is the surviving spouse always the first to inherit from an intestate estate?

The law of intestate succession in Washington is different from other states, as Washington allows descendants, such as children, to inherit before the surviving spouse if the deceased had no will. This means that it is not always the case that the surviving spouse will inherit first from an intestate estate, as in some cases the descendants will inherit first. When the deceased has descendants, such as children, the inheritor of the first share depends on the relationship between the deceased and the descendants—for example, if the deceased had a living child or children at the time of death, the child or children will receive the first share. If the deceased had no living children but had surviving parents or siblings, those relatives will inherit the first share. After the first share of the intestate estate is allocated among the descendants, the surviving spouse will inherit the remaining share of the estate. This means that even if the surviving spouse was the first to inherit, the share of the estate available to the spouse may be reduced depending on the number of descendants to which the first share is allocated. In some cases, the surviving spouse may receive a share of the intestate estate larger than the remaining share after the first share is allocated to the descendants. This applies when there are no descendants of the deceased, or when the descendants are under 18 years of age. In these cases, the surviving spouse is entitled to the entire intestate estate. Overall, the surviving spouse is not always the first to inherit from an intestate estate in Washington, as it depends on the relationship between the deceased and the descendants. However, in most cases, the surviving spouse is entitled to a share of the intestate estate, even if the first share is allocated to the descendants.

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Is the surviving spouse always the first to inherit from an intestate estate?

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