What Happens if Someone Dies Without a Will in Washington?

Creating a will is very important in everyone’s life. Last will and testament is a legal document that is used to describe the wishes of a person for distributing the property & assets after they pass away. Last will and testament in Washington is not just a document of possessions, it is more than that. It is also about the people who belongs the person and the person cares most.

With a will, the person gets the right to:

• Choose beneficiaries who will be the authorized person to will receive all the owned property and financial assets.
• Appoint a trusted guardian who has the responsibility of the minor children if a person passes away.
• Name an executor responsible for managing the estate during the probate process.
• Leave a lasting legacy by supporting charitable causes which a person care about.

But what will be consequences when the last will is not made and a person dies. What treatment will be there for the distribution of the financial property and assets?

In case a person dies without a will in Washington State, the decision on distribution of the assets passes on to the government. The probate assets are distributed according to state Intestate Succession Laws rather than personal wishes. The process through which the same is conducted is called intestate succession.

How property distribution done:

• With a spouse and children: In the surviving spouse is there with all the children the spouse inherits all community and separate property. If the person has any prior relationship and children from that, that spouse receives all community property and half of the separate property. The remaining separate property goes to the children.
• Without a Spouse: In case spouse is not there, the ownership of the property passes to parents, siblings, or other relatives. In the absence of eligible relatives, the estate escheats to the state.

The lists of person who are not included in the same are unmarried partners, stepchildren, close friends, charities, and pets. These have no legal rights in the last will as per the Washington's intestacy statutes.

Administration and Court Process

The process of the distribution of assets goes as per the law. An administrator is appointed by the court. A family member is required to petition the court for Letters of Administration to manage and settle the estate. A bond for the same is also required.

In case of minor children, the process starts with appointment of guardian who is appointed by the court. This happens when there is no surviving parent or designated guardian.

It is always recommended to have last will before a person dies, so that assets are distributed as per the wish of the person. It also saves the family to go through tough and lengthy legal process. Find legal forms online now! Click to access.