Are trusts part of an intestate succession?
Yes, a trust can be part of an intestate succession in Washington. Intestate succession is the transfer of a person’s property upon their death if they do not have a valid will. In Washington, trusts are often used to transfer property upon the death of the person who created the trust, or the trustor. The trustor can designate beneficiaries who will receive the property and assets in the trust upon their death. This process is known as a trust succession. The trustor can also designate how the trust will be handled upon his or her death. The trustor can decide who will manage the trust and the assets within the trust. The trustor can also design the distribution of the assets in the trust to the designated beneficiaries. If the trustor dies without a valid will, their trust assets would be subject to the laws of intestate succession. The trust would be distributed according to the laws of intestate succession in the same manner as the other assets in the estate. The state statutes and laws of intestate succession determine how the trust assets are distributed. In some cases, the trustor can set up the trust in such a way that it would not be subject to the laws of intestate succession in Washington, but this is a more complex process and would need to be done under the guidance of a knowledgeable attorney.
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