[WSBAPT] Intestate Heirs

Dalynne Singleton dalynne at glgmail.com
Sat Jan 20 18:47:44 PST 2018


The heir of the first decedent is the surviving spouse. Unless the surviving spouse died before thirty days were done after first spouses death, the children of the second one to die will inherit under intestacy.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Krista MacLaren <kjm.inc at mac.com>
Sent: Saturday, January 20, 2018 5:29:04 PM
To: wsba probate & trust; Solo and Small Practice Section
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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