Chapter C. Consanguinity and Degrees of Kinship

JurisdictionWashington
C. CONSANGUINITY AND DEGREES OF KINSHIP

Because in Washington all of the intestate takers following the surviving spouse are specifically described by groups such as "issue of grandparents," the need to determine consanguinity and degree arises less frequently than under a statute that simply describes final takers as "next of kin." In the latter case, computation of degree of kinship would be the basic method of determining takers once an "inner circle" of named relatives is exhausted. Relatives of the lowest degree (closest to the intestate) would take ahead of those more remote. In Washington, computation of degree is important only when there are unequal degrees within a defined group of "issue" (e.g., "issue of grandparents"). Even then, only a simple count of steps down from the ancestor is required.23 Although many states' intestate succession statutes use terms such as "next of kin" or "kindred" as a type of catchall final group of takers, with no limitation on remoteness,24 Washington has deliberately cut off the list of potential takers at "issue of grandparents."25 This was done in 1965 as part of a general probate reform and closely follows the Model Probate Code26 and the current Uniform Probate Code.27 The comment to the Model Probate Code28 indicates that the drafters

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believed that most decedents would rather have their property escheat to the state than pass to distant relations, the proverbial "laughing heirs."29 Although it may be questioned whether this limitation truly represents what most decedents would prefer, it does represent a deliberate legislative determination and is supported by considerable modern authority.30

It is not uncommon for an attorney to incorporate by reference the state's intestate distribution pattern into a will. Like any use of a formula designed for general application, this is a practice of questionable advantage, and if it is done, the client should be made aware of the limitations of the statutory pattern. For example, the attorney may want to consider a saving clause to avoid escheat (perhaps in favor of a charitable organization) in the event that there are no takers who meet the statutory description.

By statute Washington, like most American jurisdictions, adopts the "civil law" method for computing degrees of kinship.31 This method involves counting from the decedent to the first common ancestor of the decedent and the surviving takers, and then down to each surviving...

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