The Basics of Probate: What Happens After Someone Dies Without a Will

When someone dies without a will, the legal process of distributing their estate becomes more complicated. This situation is known as dying “intestate,” and it means the state laws will determine how the deceased’s property is divided. Here’s a look at what happens when someone dies without a will in Washington State.

What Is Probate?

Probate is the legal process where a deceased person’s estate is settled. It involves paying debts, distributing assets, and making sure everything is done according to the law. Without a will, the court must follow Washington’s intestate succession laws to determine how the estate will be divided.

Who Inherits the Estate Without a Will?

If the deceased had a spouse, they will usually inherit part of the estate, especially if the property is community property. If the property is separate property, it is divided between the spouse and the children.

If there’s no spouse, the children inherit the estate. If there are no spouse or children, the estate goes to other family members, such as parents, siblings, or more distant relatives.

What Happens During Probate?

When someone dies without a will, the court will appoint a personal representative (or administrator) to manage the estate. The personal representative’s job includes filing a petition with the court, inventorying the estate’s assets, paying off any debts and taxes, and distributing what remains according to state law.

What If There Are Disputes?

Family members might disagree over who gets what or who should manage the estate. If disputes arise, the court will step in to resolve the issues, which can make the process take longer.

Why Is Having a Will Important?

Dying without a will can create confusion, delays, and potential conflict among family members. Having a will ensures that your wishes are followed and can simplify the probate process. It also gives peace of mind to your loved ones.

If you’re dealing with an intestate estate or want to ensure your own wishes are respected after you pass, having a valid will in place is essential. At the Law Office of Erin Bradley McAleer, we can guide you through the probate process and help you with estate planning to avoid complications down the road.