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

[Eric Nelsen]

Correct, unless the actual Decree is entered, the parties are still married and surviving spouse still retains all rights. A divorce action immediately abates at death of a party.

Dissolution actions abate entirely upon the death of a party, unless third party rights in property are involved.
Clingan v. Department of Labor & Indus., 71 Wn. App. 590, 593, 860 P.2d 417 (1993);
Standard Ins. Co. v. Schwalbe, 110 Wn.2d 520, 526, 755 P.2d 802 (1988)
Crockett v. Crockett, 27 Wn.2d 877, 181 P.2d 180 (1947);
Dougherty v. Dougherty, 24 Wn.2d 811, 167 P.2d 467 (1946);
McPherson v. McPherson, 200 Wash. 365, 93 P.2d 428 (1939);
Masterson v. Ogden, 78 Wash. 644, 139 Pac. 654 (1914)

A limited partial exception to this rule is if there is a separation contract already executed by all parties. Technically the surviving spouse is still the surviving spouse under the law, but they may have waived or released spousal rights in the separation contract; it depends on the specific terms in the contract.

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 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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