Legal Question in Wills and Trusts in Washington

Estate no will no spouse no children

I have an unmarried Uncle who never had any children. I suspect he also has no will. What happens to his estate?


Asked on 1/27/09, 9:27 pm

1 Answer from Attorneys

Christopher Steuart IT Forensics, Inc.

Re: Estate no will no spouse no children

WA state has a prioritizing system in 11.04.015:

(b) If the intestate not be survived by issue, then to the parent or parents who survive the intestate.

(c) If the intestate not be survived by issue or by either parent, then to those issue of the parent or parents who survive the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or, if of unequal degree, then those of more remote degree shall take by representation.

(d) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents who survive the intestate, then to the grandparent or grandparents who survive the intestate; if both maternal and paternal grandparents survive the intestate, the maternal grandparent or grandparents shall take one-half and the paternal grandparent or grandparents shall take one-half.

(e) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents or by any grandparent or grandparents, then to those issue of any grandparent or grandparents who survive the intestate; taken as a group, the issue of the maternal grandparent or grandparents shall share equally with the issue of the paternal grandparent or grandparents, also taken as a group; within each such group, all members share equally if they are all in the same degree of kinship to the intestate, or, if some be of unequal degree, then those of more remote degree shall take by representation.

I.e. if you are a nephew/niece by descent (blood-adoption) you and others of equal relationship would share in the estate.

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Answered on 1/28/09, 1:47 am


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