February 22, 2006

My father died recently and did not leave a will. How will this affect the distribution of his estate?

The law of wills and inheritance is very complicated and filled with many pitfalls. But, according to Judd Marten at LeSourd & Patten, P.S,, a basic roadmap of how property may be distributed will help you to ask the right questions as you seek more thorough advice.

Generally, in Washington state, when a person dies intestate (without a will), the estate passes through one of two legal methods:

The first method is called a non-probate transfer. Essentially, a non-probate transfer is a means for people to distribute property while avoiding the formalities of the courts. A common example of an instrument that performs this function is a joint bank account. When a party to a joint bank account dies, the balance of the account automatically becomes the property of the remaining living party — it passes without a court having to determine where it goes. Other examples of non-probate transfers include real property held in joint tenancy, life insurance policies, and trusts.

In addition to non-probate transfers, community property laws will automatically pass most possessions acquired during marriage to a surviving spouse. However, community property may not include property acquired before marriage or property acquired by gift or inheritance. If your father bought a house after he got married, the house probably went to his wife at his death, but if he inherited the house after marrying, it is his separate property.

How much of the remaining property goes to the surviving relatives depends on whether your father was married when he died and how many siblings you have. For instance, Washington statutes prescribe that a surviving spouse takes all community property and half of all separate property through intestate succession. The other half is divided equally among the decedent’s children. If there is no surviving spouse, then the entire estate is divided among the children, and if no children, the deceased’s parents.

As you can tell, slightly different personal situations can lead to drastically different results. It is highly recommended that you consult an attorney to learn how or if these laws apply to your specific situation.

For more information, contact one of the following resources:

Seattle University School of Law offers a trusts and estates clinic at Sullivan Hall, which you can reach at (206)398-4136.

The Access to Justice Institute occasionally presents an estate-planning clinic at its Community Justice Centers. Call (206)398-4173.

The King County Bar Association offers general law clinics, which are offered weekly at various locations around the county. For more information, and to make an appointment, call (206)267-7070.

Answers are intended for general information only and are not intended to replace the advice of your own attorney. Ask a Lawyer is in partnership with the Access to Justice Institute, Seattle University School of Law, and the King County Prosecuting Attorney’s Office. Got a question? E-mail: atji@seattleu.edu.