[WSBAPT] QUESTION ON COMMON LAW MARRIAGE AND INTESTATE PROBATE

[Eric Nelsen]

Unless they established common law marriage in a state that allows for it (Washington doesn't) and then moved here, they are unmarried and the survivor has no statutory rights of inheritance, whether by small estate affidavit or otherwise.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Fern Herbert
Sent: Friday, April 25, 2025 2:18 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] QUESTION ON COMMON LAW MARRIAGE AND INTESTATE PROBATE
Importance: High

Hello Listmates,

Client's partner of 20 years, 6 of them living together, died intestate. No official domestic partnership. Assets of about $67 in the bank. Does he have any right to claim in a Small Estate Affidavit under the common law, or will this just escheat to the state?

Any thoughts are welcome...


Fern Herbert
Managing Attorney
Zenith Law Group, PLLC

Business Mailing Address
4320 196th St. SW B-712
Lynnwood, WA  98036
Phone/Fax: (425) 822-6311

Office locations in: Arlington, Bellevue, Bothell, Everett, Kirkland, Lynnwood, Mt. Vernon, Renton, downtown Seattle


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