If you die without a will in the state of Washington, state law will dictate how your assets and property will be divided between your heirs, and state law will govern how property and assets get distributed. When a person passes away without an estate plan or will, they pass away “intestate.” This means that Washington state intestate laws and the courts will govern how the estate will be divided among heirs and beneficiaries.
If the estate is valued over $100,000 (usually when there is real estate involved), the heirs and beneficiaries will need to navigate the probate process without a will, which can add complexity as the family or beneficiaries navigate the court system.
Washington intestate laws (RCW 11.04.015) dictate the order of inheritance when there is no will. State law divides intestate estates first between surviving spouses and children, and if there is no spouse or surviving children, the estate will be distributed to surviving parents and then siblings.
The key thing to keep in mind is that if you die without a will in Washington state, the state generally gets to decide how your property, money, and assets will be distributed to your surviving heirs. These decisions may not always align with your wishes.
Sometimes individuals die without a will but have set up trusts that allow their real estate to go to beneficiaries without the need for a will or the probate process. When a person passes away without a will, but with a trust in place, transfer of ownership goes directly to the named beneficiaries of the trust, and probate can be avoided. Yet, most people who set up trusts when they pass away also have a will that handles additional details about the estate.
In this article we’ll explore what happens if you die without a will in Washington state and delve into how the Washington state family lawyers at Truce Law can help you tackle some of the issues that can arise.
- Probate Without a Will
- What is the Order of Inheritance in Washington When There is No Will?
- Distinguishing Between Separate and Community Property for Probate
- What Happens to Out-of-State Property When There is No Will?
- Taxes, Creditor Claims, and Debts When there is no Will
- How a Washington State Collaborative Family Lawyer Can Help
Probate Without a Will
If you die without a will in Washington state, your estate will still need to go through the probate process if your assets are valued over $100,000.
The good news is that not all estates need to go through the probate process. If all the assets subject to probate are valued less than $100,000, surviving family members can use Washington’s “simplified procedure for the transfer of assets” according to the Washington State Bar Association.
In the case where the property subject to probate is valued under $100,000, an inheritor simply needs to fill out a small estate affidavit with a list of the assets that will be transferred, along with the deceased person’s death certificate. A beneficiary must wait 40 days after the death to use Washington’s simplified procedure. The family lawyers in Washington at Truce Law can help you fill out the affidavit and help you navigate this procedure specific to your county.
High value estates may be able to use Washington’s simplified procedure in some circumstances. For example, if most of the real estate and other high-value assets of an estate were held jointly, then no legal procedure at all would be required to transfer these assets after a death. If some assets, like real estate, were transferred to family through a trust, this could also reduce the value of assets that fall under probate.
Typically, probate is the legal process by which a will is submitted to the court for validation, and where the court oversees the administration and transfer of assets from the estate. If there is no will, but the estate is valued above $100,000, beneficiaries will need to go through the probate process—but without a will.
Without a will, probate can be more complicated. Usually, in a will, a person names a family member to serve as their personal representative. When there is no will, someone, usually one of the beneficiaries, will need to come forward to serve as the personal representative of the estate.
To do this, they will need to petition the court for letters of administration and nonintervention powers. This person will then oversee all the typical probate procedures, including notifying creditors about the death and notifying beneficiaries on the order of succession under intestate inheritance laws that a family member has passed away.
When there is a will, the will usually identifies and lists all assets, property, and beneficiaries. Without a will, the personal representative will have the job of tracking down, accounting for, and itemizing all beneficiaries, property, and assets in the estate.
If a loved one has passed away without a will, and you are unsure how to move forward, reach out to the family lawyers in the state of Washington at Truce Law today. We can help you navigate the process, and potentially help you avoid probate.
What is the Order of Inheritance in Washington When There is No Will?
The order of inheritance when a person dies without a will in Washington state is also known as the line of succession under Washington intestate laws. Understanding the line of succession when there is no will requires a close look at Washington intestate law (RCW 11.04.015).
In Washington state, the law distinguishes between marital or community property and separate property when dividing an estate after a person’s death. Understanding the difference between these two kinds of property falls under the domain of family law. The difference between marital property and separate property is often the cause of many divorce disputes, and when it comes to Washington intestate laws, the distinguishing between both types of property can often be the source of probate issues, especially if a person dies without a will.
Let’s look at how the order of inheritance works in Washington state. When a person dies without a will in Washington state, the courts will first identify the person’s heirs or beneficiaries, and the beneficiary’s relationship to the deceased individual. The court will primarily look to identify whether the person has a surviving spouse or domestic partner, any surviving children from current or prior marriages, and if the deceased person’s parents or siblings are still alive.
If the person has a surviving spouse or domestic partner, as well as surviving children, or parents, the court will first need to distinguish between marital (community) property and separate property. Marital property is any property, asset, or money acquired during the marriage. Separate property is any property acquired before the marriage, any income generated from property or businesses acquired before the marriage, generally any inheritance or gifts acquired before or during the marriage, and any property designated as separate property in a prenuptial agreement.
The surviving spouse or domestic partner will receive all marital or community property from their deceased spouse.
If there are surviving children, property designated as separate property by the court will be divided in half. One half of separate property will go to the surviving spouse or domestic partner, and one half of the remaining separate property will be split among the deceased person’s children.
If there are no surviving children, but the deceased person is survived by one or both of their parents, or by a sibling or siblings, then the surviving spouse or domestic partner will receive three-quarters of the separate property, with the remaining quarter of the property being distributed amongst the deceased person’s parents or siblings, if the parents are not alive.
If the deceased person has no children, no surviving parents, and no surviving siblings, the surviving spouse or domestic partner will receive all the community and separate property.
If there is no surviving spouse or domestic partner, then the estate will be divided among the children.
If there are no surviving children, but the deceased person’s parent or parents are still alive, the estate will be distributed to the parents.
If the deceased person is not survived by their parents, then the estate will be divided among surviving siblings.
If there are no surviving siblings or parents, then the estate will be distributed to grandparents, or even to great-grandparents.
And if you have no surviving descendants, it’s possible that the state of Washington might inherit your estate.
So, to simplify, the estate is generally divided between the surviving spouse or domestic partner and the surviving children. And generally, only if there are no surviving children, does the estate get divided between the surviving parents or the siblings of the deceased.
It is important to note that intestate laws only govern property or real estate owned within Washington state by a person who passes away without a will. Things can get far more complicated if the person passes away without a will and owns real estate or property in multiple states.
Distinguishing Between Separate and Community Property for Probate
When a person dies without a will and has a surviving spouse or domestic partner, and surviving children, the greatest challenge the court will face involves distinguishing between marital and separate property. Washington state law defines community property (also known as shared marital property) under RCW 26.16.030. Community property is any property “acquired after marriage or after registration of state domestic partnership.” Separate property is defined under Washington law RCW 26.16.010.
Separate property is any property or rights owned by a person before he or she was married, or property or rights acquired after marriage by “gift, bequest, devise, descent, or inheritance.” In other words, inheritance or gifts are considered separate property, even if they were received while a person was married.
All of this sounds simple enough, but as any family lawyer will let you know, distinguishing between community and separate property isn’t always straightforward. During marriage, separate property can become commingled with marital property, especially if separate money is used to make a shared investment in a community home, business, car, or other property.
For example, if one spouse receives an inheritance, and part of the inheritance, as well as shared marital income, is used to purchase a family home, then a family law attorney or the courts would need to trace the sources of income to determine what share of the family home is separate property and what share is community property.
The share of separate property would be divided between the spouse and children, and the share of marital property would go to the spouse. As you can imagine, if a person dies without a will, both the spouse of the deceased and the children of the deceased might want to make a claim on the family home.
For the spouse of the deceased, it may be in his or her best interest to try to show that the entirety of the home is community or shared marital property, so he or she can keep the home.
But if even a part of the home was purchased using separate funds of the deceased, the surviving children might have a right to a share of the family home and could either force a sale or require that the surviving spouse buy out their shares of the family home’s value to keep it.
Things can get even more complicated if both shared and separate funds were used to make other investments or to launch a family business. The surviving children and surviving spouse might need to bring in forensic accountants, family lawyers, and appraisers to trace the source of funds, and to help distinguish between marital and separate property.
The best way to avoid this kind of mess is to have a will. When you write a will, you take distinguishing between community and separate property out of the equation and get to make your own decisions about what your surviving spouse or domestic partner will inherit and what your children will inherit. With the help of your family lawyer, your estate planning lawyer, and your financial planner, you can make decisions that ensure that your surviving spouse and children are taken care of according to your wishes.
What Happens to Out-of-State Property When There is No Will?
If the deceased person owns property located out-of-state, things can get even more complicated. Out-of-state property will be subject to the intestate laws of the state where it is located. This means that the family of the deceased person would need to make a claim for the property in every state where property is located and may need to open probate in each of these states. If there is no will, the property will be distributed according to intestate laws of each state.
When individuals own real estate in multiple states, one way that they can help their loved ones avoid having to go to court in multiple states to claim the property is by putting out-of-state property in a trust. A trust allows the beneficiaries to avoid probate altogether.
Individuals who own property in multiple states often work with their family lawyer, estate planning lawyer, and financial planner to create an estate plan that protects their wealth and helps the surviving beneficiaries avoid costly probate or interstate court cases.
Taxes, Creditor Claims, and Debts When There is No Will
Estate planning allows individuals to structure their estate plan in a way that shields the estate from high estate taxes, creditor claims, and certain types of debts. For example, trusts can sometimes offer tax savings and even protect assets in the trust from creditor claims and debts.
If one of your beneficiaries has special needs or receives government benefits, a trust can protect your beneficiary’s ability to continue to access benefits and receive their inheritance after you pass away.
Without the protection of a will or a trust, your estate could be subject to creditor claims, taxes, and debt claims, leaving your beneficiaries with far less.
An estate planning lawyer, family lawyer, and financial planner in Washington state can review your specific situation and help you create an estate plan that may offer tax protection and shield your estate from creditor claims and debt claims.
How a Washington State Collaborative Family Lawyer Can Help
If your loved one passed away without a will, and you need help navigating the probate process or the simplified procedure for the transfer of assets, the collaborative family lawyers in Washington state at Truce Law can help. And if you currently don’t have a will or an estate plan, it’s never too soon to start planning. With collaborative family law, estate planning is a team effort that includes your family lawyer, your estate planner, your financial advisor, and your family.
No one wants to think about death, and it’s understandable to want to avoid the complexities of writing a will and making an estate plan, but here’s the truth—if you die without a will in Washington state, you could be leaving your spouse and your children with a complex situation that could take years to resolve. An estate plan that includes a will and possibly the use of a trust, can protect your beneficiaries and even help them avoid the costs of probate after you pass away.
The collaborative family lawyers at Truce Law work with clients and stakeholders to help them avoid court and probate. With collaborative estate planning, you can bring all your loved ones to the table so that you can work out an estate plan that is fair and that works for everyone. The benefit of working with a collaborative lawyer to craft your estate plan is that there are no surprises for any of your beneficiaries when you pass away.
We can also help families avoid contested probate. If you and your family disagree about how your loved one’s estate should be administered after they pass away (especially if they passed away without a will) the collaborative estate planners at Truce Law may be able to help you and your family negotiate a resolution.
By using the collaborative estate planning process in Washington state, you can bring in financial planners, estate planners, and family lawyers to help you craft an estate plan that aligns with your wishes and protects your legacy.
This article is for educational purposes only and does not constitute legal advice. Every situation is unique. For guidance specific to your circumstances, consult a licensed family law attorney in your area.