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

[Marcus Fry]

I had a case where decedent is on his 3rd wife and had a prenupt.  He gets a terrible cancer diagnosis. He was already physically separated for months and married only about 5 years, but knowing death was imminent and would be bound by prenupt (ie., it required divorce to relieve him of obligations, not just filing), he files for divorce.  Dies before divorce can be completed.  His estate got tossed out on its ear by appellate court although there is case law that supported a position of allowing the divorce to get entered after death.

-Marcus

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Friday, December 12, 2025 9:05 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Spouse dies during Divorce Proceedings...Survivor still a spouse per will?

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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: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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/<https://ryancastlelawfirm.com/>


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