Chapter 14.50
INTESTATE SUCCESSION
Sections:
14.50.010 Intestate succession.
14.50.020 Share of the spouse.
14.50.030 Share of heirs other than surviving spouse.
14.50.070 Kindred of half-blood, stepchildren – Foster children.
14.50.090 Determination of relationship of parent and child.
14.50.010 Intestate succession.
Any part of the estate of a decedent not effectively disposed of by decedent’s will passes to the decedent’s heirs as prescribed in the following sections of this Probate Code. [Res. 2018-42 (20.3.1).]
14.50.020 Share of the spouse.
The intestate share of the surviving spouse is:
A. If there is no surviving issue or parent of the decedent, the entire intestate estate;
B. If there is no surviving issue but the decedent is survived by a parent or parents, one-half of the intestate estate;
C. If there is surviving issue, one-half of the intestate estate, divided equally between surviving issue, whether issue of surviving spouse or not issue of surviving spouse. [Res. 2018-42 (20.3.2).]
14.50.030 Share of heirs other than surviving spouse.
The part of the intestate estate not passing to the surviving spouse under CTC 14.50.020, or the entire intestate estate if there is no surviving spouse, passes as follows:
A. To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;
B. If there is no surviving issue, parent or issue of a parent but the decedent is survived by one or more grandparents or issue of grandparents, one-half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other one-half of the intestate estate passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of a grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the other one-half. [Res. 2018-42 (20.3.3).]
14.50.040 No taker.
If there is no taker under the provisions of this chapter, the intestate estate passes to the Chehalis Tribe. [Res. 2018-42 (20.3.4).]
14.50.050 Representation.
If representation is called for by this Probate Code, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive decedent, each surviving heir in the nearest degree receiving one share of each deceased person in the same degree being divided among their issue in the same manner. [Res. 2018-42 (20.3.5).]
14.50.060 Posthumous persons.
Person conceived before the decedent’s death but born thereafter inherit as if they had been born in the lifetime of the decedent. [Res. 2018-42 (20.3.6).]
14.50.070 Kindred of half-blood, stepchildren – Foster children.
Persons of the half-blood inherit the same share they would inherit if they were of whole blood, but stepchildren and foster children and their descendants do not inherit, unless adopted. [Res. 2018-42 (20.3.7).]
14.50.080 Divorce.
Divorce of spouse does not affect the right of children to inherit their property. [Res. 2018-42 (20.3.8).]
14.50.090 Determination of relationship of parent and child.
For purpose of intestate succession, a relationship of parent and child shall be established to determine succession by, through or from a person:
A. An adopted person is the child of an adopting parent and of the natural parents for inheritance purposes only. The adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and that natural parent;
B. An adopted person shall inherit from all other relatives of an adoptive parent as though the adopted person was the natural child of the adoptive parent;
C. In cases not covered by subsection A of this section, a person born out of wedlock is a child of the mother and is a child of the father, if the relationship of parent and child has been established in accordance with the Probate Code. [Res. 2018-42 (20.3.9).]