[WSBAPT] Spouse dies during Divorce Proceedings...Survivor still a spouse per will?

[Jeff at bellanddavispllc.com]

>From my experience, if the divorce is not final; the surviving spouse is still an heir.  If the deceased spouse made a will, after the divorce is filed, most likely naming a new PR, the surviving spouse has 4 months from the date of death to apply administer the community property; if they don’t apply within that time, that right is waived.  If the new Will cuts out the surviving spouse, the SS can still apply for a family allowance.

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ryan Castle
Sent: Friday, December 12, 2025 8:58 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Spouse dies during Divorce Proceedings...Survivor still a spouse per will?

 

All,

 

A new issue for me that I want to confirm with the group. Spouse dies while in 4 year long dissolution proceeding with surviving spouse. Dissolution still not final. Deceased spouse has will listing deceased spouse's father as PR. Per RCW 11.12.051 and 11.07.010, survivor spouse still inherits under will and nonprobate assets as spouse, and survivor spouse is not revoked as beneficiary, correct? Or does the mere fact of dissolution proceedings revoke the survivor spouse's inheritance under the will? (will has no provision stating that the survivor still inherits even if divorced).

 

-- 

 

Ryan Castle 

Castle Law Firm, PLLC

Managing Attorney

T: 360-592-3504

1313 E. Maple St., Suite 790

Bellingham, WA 98225

https://ryancastlelawfirm.com/

 

 

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