Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state's intestate succession laws.
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Answer a few questions about your family to see exactly who would inherit your estate - and the complications that could arise.
This calculator shows how intestate succession laws distribute assets when someone dies without a will. Actual distribution may be affected by community property rules, asset titling, and beneficiary designations. This calculator provides educational estimates only and does not constitute legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Washington is one of nine community property states in the U.S. This means property acquired during marriage belongs equally to both spouses, regardless of who earned the income or whose name is on the title. When one spouse dies without a will, the surviving spouse keeps their half of community property and inherits all or part of the deceased spouse's half. Separate property—assets owned before marriage or received as gifts or inheritance—follows different rules and may be shared with children or other heirs depending on the family situation.
In Washington, whether your parents are alive significantly affects what your spouse inherits. If neither parent survives you, your spouse inherits everything. But if a parent is still living, your spouse must share the estate with them—typically receiving a fixed dollar amount plus a percentage of the remainder, with the rest going to your parents. This surprises many couples who assume everything goes to the surviving spouse. A will ensures your spouse receives your full estate if that's your preference.
When you have children from a prior relationship in Washington: Community: 100% to spouse. Separate: 1/2 to spouse. Blended families often have the most to gain from estate planning, as intestacy rules may not reflect your actual wishes for how to provide for both your spouse and children from different relationships.
Washington requires heirs to survive you by 120 hours (5 days) to inherit. If an heir dies within this window, they're treated as having died before you, and their share passes to the next eligible heirs. This prevents the complication of assets passing through multiple estates when family members die close together—such as in an accident or during a shared illness. The 5-day period gives time for the situation to stabilize before determining who ultimately inherits.
Washington uses "per stirpes" distribution, meaning descendants step into their deceased ancestor's shoes. If one of your children dies before you, their children (your grandchildren) collectively inherit what their parent would have received. They split their parent's share among themselves, regardless of how many children your other surviving children have. This keeps family branches intact—each branch of the family tree receives the same total share, even if one branch has more descendants than another.
Washington's intestacy laws are codified in RCW § 11.04.015. These statutes define exactly who inherits and in what proportions when someone dies without a valid will. The rules can change through legislative action, so anyone relying on intestacy should verify current law. More importantly, these default rules rarely match what people actually want—creating a will or trust lets you choose your beneficiaries rather than letting the state decide for you.
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