Spousal Rights

• A decedent's spouse has an automatic inheritance right because of the marriage. Any property acquired during the marriage, regardless of whose name it is in, is considered community property. The surviving spouse is entitled to receive half of all community property -- her share of ownership -- upon the death of the decedent. The other half is the decedent's share and he is permitted to leave it to anyone he wants.
  
  Washington law does permit a decedent to intentionally disinherit his spouse. This intention must be clearly expressed in his will or in another written document. Absent intent, a probate court will rule the omission of the spouse as accidental and award her a percentage of the decedent's estate according to intestacy law.
  
  

Intestate Succession

• A decedent dies intestate when he dies without a will. After all funeral expenses, outstanding debts and administrative costs are paid, the remaining estate passes to the decedent's heirs according to Section 11.04.015 of the Revised Code of Washington. The surviving spouse is entitled to all of the estate if there are no children or parents. If there are children, they receive equal shares of half of the estate and the spouse inherits the remaining half. If the decedent's parents are alive, but there are no children, the spouse is entitled to three-quarters of the estate and the remaining one-quarter passes to the parents. If there are children, but no spouse, the children inherit equal shares of the entire estate. The parents inherit the estate if they are the next surviving heirs. If there are no parents, more distant relatives may inherit the estate.
  
  

Wills

• In Washington, a testator making his last will and testament must be at least 18 years old and mentally competent. The will must be made voluntary, free from any outside influence, and it must be in writing. In writing generally means typed. Holographic or handwritten wills are recognized, but in very limited circumstances at the court's discretion. A testator must sign his will in the presence of two witness who are not beneficiaries under the will. Those witnesses must also sign the will.
  
  The testator's will is valid until his death unless he changes or revokes it. Revocation occurs when a new will is signed or when the testator destroys the will. A testator can change his will by signing a codicil with any amendments, additions or deletions. A will should be changed if a testator gets married, divorce or has a child and if he purchases or sells any property.
  
  

Other Property

• Not all property can be inherited by will. If the decedent owns any property jointly with someone else, including real estate or bank accounts, that surviving owner automatically inherits the decedent's share upon his death because there is a right of survivorship. Additionally, any property held in trust passes to the named beneficiary. Lastly, if the decedent owned a life insurance policy and selected a beneficiary upon purchase upon purchase, or at any time during his ownership, prior to death, the life insurance company will distribute the proceeds to the beneficiary after a death certificate is submitted.