Affidavit of Heirship in Washington
Whether Washington lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: No statute provides an affidavit of heirship for real estate. The determination of heirs (and of devisees, legatees and other persons interested in an estate) is a 'matter' that can be resolved by the superior court under the Trust and Estate Dispute Resolution Act, or within the probate… RCW 11.96A.030; RCW 11.62.010
| Affidavit / determination of heirship | No statute provides an affidavit of heirship for real estate. The determination of heirs (and of devisees, legatees and other persons interested in an estate) is a 'matter' that can be resolved by the superior court under the Trust and Estate Dispute Resolution Act, or within the probate proceeding. Washington's small estate affidavit covers personal property only. Source: RCW 11.96A.030; RCW 11.62.010 |
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| Who inherits without a will | Surviving spouse or registered domestic partner: all of the decedent's share of the community property, plus a share of the separate property: one-half if the decedent left descendants; three-quarters if there are no descendants but a parent or a parent's descendants (such as siblings) survive; all of it if none of those survive. The rest (or everything, if there is no spouse or partner) goes to descendants; if none, to parents; if none, to the parents' descendants (siblings, nieces and nephews); if none, to grandparents, then to their descendants. Property with no heirs escheats to the state. Source: RCW 11.04.015; chapter 11.08 RCW |
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- Who Inherits If You Die Without a Will in Washington
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FAQ
Does Washington have an affidavit of heirship?
No statute provides an affidavit of heirship for real estate. The determination of heirs (and of devisees, legatees and other persons interested in an estate) is a 'matter' that can be resolved by the superior court under the Trust and Estate Dispute Resolution Act, or within the probate proceeding. Washington's small estate affidavit covers personal property only.
Who inherits if someone dies without a will in Washington?
Surviving spouse or registered domestic partner: all of the decedent's share of the community property, plus a share of the separate property: one-half if the decedent left descendants; three-quarters if there are no descendants but a parent or a parent's descendants (such as siblings) survive; all of it if none of those survive. The rest (or everything, if there is no spouse or partner) goes to descendants; if none, to parents; if none, to the parents' descendants (siblings, nieces and nephews); if none, to grandparents, then to their descendants. Property with no heirs escheats to the state.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.