Intestate Distribution

An Intestate estate occurs when an individual dies without a will or no will is available at the time of the death.

  • If an individual dies leaving a surviving spouse and no descendants, the entirety of the intestate estate goes to the surviving partner

  • If the individual dies intestate and leaves both a spouse and a surviving adult interdependent partner

    • 1/2 of the share got to surviving spouse and the other 1/2 of the share goes to the adult interdependent partner if the intestate left one or more descendants and if they do not

  • If an individual dies intestate leaving a spouse and dependants:

    • if all of the dependants are descendants of both the intestate and the spouse, the entire estate goes to the spouse/partner

    • if the intestate's dependants are not descendants of the spouse/partner,

      • the surviving spouse/partner is entitled to 50% of the net amount of the estate

      • the residue of the estate is to be distributed among the intestate’s descendants

  • If there are descendants, the estate is to be distributed:

    • divided into as many shares as there are children of the intestate, and

    • deceased children of that individual who left descendants surviving the intestate

    Each surviving child shall receive one share, and the share of each deceased child shall be divided among the deceased child's descendants

  • Parenthelic distribution goes as follows:

    • parents of the intestate in equal shares unless one predeceases the intestate, then all goes to surviving parent

    • if no surviving parents go to descendants of either parent

    • if none, goes to grandparents (50/50) if each side is alive, if they are not it will go to the descendants of those grandparents

      • unless there are no grandparents or descendants from one side, where the other side would be entitled to all of the estate

    • if none still, then goes to great grandparents and descendants of them.(split 50/50 again)

    • individuals of the 5th degree or greater of relation to the intestate are deemed to have predeceased the intestate, and any estate is to be distributed to anybody closer who is entitled

AB WSA s.60-69