Are there any restrictions on how an intestate estate can be distributed?
Yes, there are restrictions on how an intestate estate can be distributed in Washington. Intestate succession laws regulate how property is distributed when someone passes away without having a valid will. In Washington, if the deceased had a surviving spouse, the spouse will receive the majority of the estate. The remaining estate will be split among any surviving children or grandchildren. If the deceased did not have any surviving children, grandchildren, or spouse, the estate will be divided among the surviving parents, siblings, and other relatives of the deceased, according to a specific order of preference. For intestate estates that include real estate, Washington law provides for an alternate method of distribution, which may provide a larger inheritance to the surviving spouse and/or children. In the alternate process, the entire value of the real estate is divided into thirds, with one-third going to the surviving spouse and the other two-thirds divided among the surviving children in equal shares. There are also restrictions on who can inherit. Generally, an estate cannot be inherited by an individual who is not related to the deceased by blood or law. Certain individuals may be excluded from inheriting, such as creditors, former spouses, and children born outside of a legal marriage. In addition, Washington law also prohibits any person who wrongfully caused the death of the deceased from inheriting the estate.
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