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Estate Planning ResearchSource: Revised Code of Washington Title 11, Ch. 11.04

Guide to washington intestacy law for Muslim families — primary source data

Washington is a community-property state. A spouse and children: spouse takes all community property and half of separate property; children take half of separate property. A spouse and parents: spouse takes all community property and 3/4 of separate property; parents take 1/4 of separate property.

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Analysis

Full intestacy table for Washington (WA) is rendered on /islamic-prenup/washington. Washington is a community-property state. A spouse and children: spouse takes all community property and half of separate property; children take half of separate property. A spouse and parents: spouse takes all community property and 3/4 of separate property; parents take 1/4 of separate property. Notice what is missing from every U.S. state intestacy framework: Faraid. The Quranic shares for parents (each 1/6 minimum when children survive), for siblings under various configurations, and for the spouse (1/4 wife with children; 1/8 wife without; 1/2 husband with children; 1/4 husband without) are simply not implemented. The only way to bring Faraid back is a state-law-valid Islamic will, paired with an elective-share waiver for the surviving spouse (typically in an Islamic prenup or postnup). Regime classification: community-property.

Key Takeaways

  • 1Washington is a community-property state.
  • 2Intestacy controlling statute: Revised Code of Washington Title 11, Ch. 11.04.
  • 3Without an Islamic will, Washington's intestacy rules will distribute the estate — Faraid is not the default.
  • 4An Islamic prenup with elective-share waiver is required to fully preserve Faraid against the surviving-spouse claim.

Key Statistics

regimecommunity-property
state codeWA

U.S. Market Relevance

Primary source data for /islamic-prenup/washington state page intestacy table.

Estate planning hub

Citation

State of Washington (legislature). Revised Code of Washington Title 11, Ch. 11.04.

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