[WSBAPT] Intestate Heirs

[John White]

Some states' statutes‎ include an intestate survivorship requirement. California, if I recall correctly had a 120 hour rule. Washington's statute does not. RCW 11.04.290 expressly provides that real property vests immediately.

I'd have to confirm the rule for other property from the cases.

Sent from my BlackBerry 10 smartphone.
From: Krista MacLaren
Sent: Saturday, January 20, 2018 5:36 PM
To: wsba probate & trust; Solo and Small Practice Section
Reply To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Intestate Heirs


Hi Folks,

I hope someone is out there on a Saturday evening.  If someone dies without a Will and is survived by their spouse who is to inherit all, but then before the estate is completed, the surviving spouse dies, then for purposes of appointing a successor administrator and for distributing the assets, is the only “heir” of the decedent the estate of the surviving spouse, or does it also include the (adult) children and children of deceased adult children?

I know that when it comes to probating the surviving spouse’s estate, the heirs will be the children and any children of deceased children, but I am sort of stuck by this scenario where the surviving spouse was the only heir - does it stay that way after surviving spouse’s death for purposes of that first spouse’s probate?

thanks!
Krista

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116
kjm.inc at me.com<mailto:kjm.inc at me.com>

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