What are the beneficiary designation rules in Washington?

Beneficiary designations on life insurance, retirement accounts, POD bank accounts, and TOD brokerage accounts determine who receives those assets at death (RCW 11.07.010; RCW 11.12.051; RCW 11.12.110; RCW 26.16.030; RCW 6.15.020; RCW ch. 11.84; RCW ch. 11.11; RCW ch. 21.35 (TOD securities); RCW 30A.22.100 (POD accounts); RCW ch. 64.80 (TOD deeds)). These designations override the terms of a will or trust. Outdated designations remain in effect regardless of other estate planning documents.

Does divorce revoke beneficiary designations in Washington?

Yes. Washington automatically revokes an ex-spouse as beneficiary upon divorce for the following asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuities (RCW 11.07.010; RCW 11.12.051). However, ERISA-governed employer plans such as 401(k)s and pensions are subject to federal law and must be updated manually regardless of state rules.

Is spousal consent required for beneficiary changes in Washington?

As a community property state, Washington generally requires spousal consent to name a non-spouse beneficiary on retirement accounts funded with community property (RCW 26.16.030(1); RCW 26.16.030(2); RCW 6.15.020(6); 29 U.S.C. § 1055 (ERISA § 205)). This applies to: retirement accounts. Federal ERISA rules also require spousal consent for qualified retirement plans.

Are inherited IRAs protected from creditors in Washington?

Washington provides partial creditor protection for inherited IRAs (RCW 6.15.020 (as amended by 2026 c 238 § 804, eff. 6/11/2026)). The level of protection may depend on whether the IRA was inherited from a spouse or non-spouse, and whether the case is in state or federal court.

Does Washington default to per stirpes for beneficiary designations?

No. Washington does not default to per stirpes for beneficiary designations (RCW 11.12.110 (anti-lapse — WILLS and death-irrevocable grantor TRUSTS only); RCW 11.12.120 (lapsed will gift falls into residue); RCW 21.35.035 (TOD securities pass only to surviving beneficiaries); RCW 30A.22.100(4) (POD funds to surviving beneficiaries); RCW 64.80.100(1)(b) (TOD deed interest "lapses")). If a named beneficiary dies before the account holder, the share typically lapses unless the designation explicitly includes per stirpes language or names contingent beneficiaries.

Are Beneficiary Designations Protected in Washington?

Check how divorce, creditors, and state laws affect your life insurance, retirement accounts, and other beneficiary designations.

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This tool provides general information about state beneficiary designation laws. It does not constitute legal advice. ERISA-governed plans are subject to federal law which may differ from state law. Consult a licensed attorney for advice specific to your situation.Data verified 2026-07-13

Frequently Asked Questions

Beneficiary designations on life insurance, retirement accounts, POD bank accounts, and TOD brokerage accounts determine who receives those assets at death. These designations override the terms of a will or trust. Outdated designations remain in effect regardless of other estate planning documents.

Yes. Washington automatically revokes an ex-spouse as beneficiary upon divorce for the following asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuities. However, ERISA-governed employer plans such as 401(k)s and pensions are subject to federal law and must be updated manually regardless of state rules.

As a community property state, Washington generally requires spousal consent to name a non-spouse beneficiary on retirement accounts funded with community property. This applies to: retirement accounts. Federal ERISA rules also require spousal consent for qualified retirement plans.

Washington provides partial creditor protection for inherited IRAs. The level of protection may depend on whether the IRA was inherited from a spouse or non-spouse, and whether the case is in state or federal court.

Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for employer-sponsored plans such as 401(k)s, pensions, and group life insurance. Even if Washington automatically revokes an ex-spouse upon divorce, ERISA-governed plans follow the designation on file with the plan administrator. The Supreme Court confirmed this in Egelhoff v. Egelhoff (2001) and Kennedy v. Plan Administrator (2009).

When no valid beneficiary designation exists, the asset typically passes to the account holder's estate and is distributed through probate under Washington's intestacy laws. This can result in delays, additional costs, and the assets going to someone other than the intended recipient. See who inherits with the Washington inheritance calculator.

No. Washington does not default to per stirpes for beneficiary designations. If a named beneficiary dies before the account holder, the share typically lapses unless the designation explicitly includes per stirpes language or names contingent beneficiaries.

Beneficiary Rules in Washington

Divorce in Washington triggers automatic revocation of ex-spouse beneficiary designations (Yes). Federal ERISA plans are exempt from this rule, so 401(k)s and employer pensions require a manual change. The life insurance calculator recalculates coverage needs after a divorce.

As a community property state, Washington requires spousal consent to name a non-spouse beneficiary on community property retirement accounts (Yes). This protection applies in addition to federal ERISA consent requirements for qualified plans. See how Washington divides marital assets with the inheritance calculator.

Washington provides Partial creditor protection creditor protection for inherited IRAs. State law varies widely on this issue since the Supreme Court's 2014 Clark v. Rameker decision.

The per stirpes default in Washington is No. Per stirpes means that if a named beneficiary dies before the account holder, the share passes to that beneficiary's descendants. Without per stirpes language or contingent beneficiaries, a lapsed designation routes assets to the estate. The Washington life insurance calculator estimates coverage based on current family needs.

SimplyTrust Editorial·Updated July 13, 2026

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Data sourced from Washington statutes and official state code. How we research.

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