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11.02.070 Community property — Disposition —
Probate administration of.
Except as provided in RCW 41.04.273 and 11.84.025, upon the death of a
decedent, a one-half share of the community property shall be confirmed to
the surviving spouse, and the other one-half share shall be subject to
testamentary disposition by the decedent, or shall descend as provided in
chapter 11.04 RCW. The whole of the community property shall be subject to
probate administration for all purposes of this title, including the payment
of obligations and debts of the community, the award in lieu of homestead,
the allowance for family support, and any other matter for which the
community property would be responsible or liable if the decedent were
living.
11.04.015 Descent and distribution of real and personal estate.
The net estate of a person dying intestate, or that portion thereof with
respect to which the person shall have died intestate, shall descend subject
to the provisions of RCW 11.04.250 and 11.02.070, and shall be distributed
as follows:
(1) Share of surviving spouse. The surviving spouse shall receive the
following share:
(a) All of the decedent's share of the net community estate; and
(b) One-half of the net separate estate if the intestate is survived by
issue; or
(c) Three-quarters of the net separate estate if there is no surviving
issue, but the intestate is survived by one or more of his parents, or by
one or more of the issue of one or more of his parents; or
(d) All of the net separate estate, if there is no surviving issue nor
parent nor issue of parent.
(2) Shares of others than surviving spouse. The share of the net estate not
distributable to the surviving spouse, or the entire net estate if there is
no surviving spouse, shall descend and be distributed as follows:
(a) To the issue of 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.
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(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.
11.04.035 Kindred of the half blood.
Kindred of the half blood shall inherit the same share which they would have
inherited if they had been of the whole blood, unless the inheritance comes
to the intestate by descent, devise, or gift from one of his ancestors, or
kindred of such ancestor's blood, in which case all those who are not of the
blood of such ancestors shall be excluded from such inheritance: PROVIDED,
HOWEVER, That the words "kindred of such ancestor's blood" and "blood of
such ancestors" shall be construed to include any child lawfully adopted by
one who is in fact of the blood of such ancestors.
11.04.095 Inheritance from stepparent avoids escheat.
If a person die leaving a surviving spouse and issue by a former spouse and
leaving a will whereby all or substantially all of the deceased's property
passes to the surviving spouse or having before death conveyed all or
substantially all his or her property to the surviving spouse, and
afterwards the latter dies without heirs and without disposing of his or her
property by will so that except for this section the same would all escheat,
the issue of the spouse first deceased who survive the spouse last deceased
shall take and inherit from the spouse last deceased the property so
acquired by will or conveyance or the equivalent thereof in money or other
property; if such issue are all in the same degree of kinship to the spouse
first deceased they shall take equally, or, if of unequal degree, then those
of more remote degree shall take by representation with respect to such
spouse first deceased.
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