What Happens If You Die Without a Will in Washington?

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Frequently Asked Questions

Washington intestacy laws determine who inherits when there is no will.RCW § 11.04.015Verified Jun 19, 2026 As a community property state, Washington distinguishes between community property (acquired during marriage) and separate property (owned before marriage or received as a gift or inheritance). The surviving spouse's share differs for each type. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.

The surviving spouse's share in Washington depends on family structure.RCW § 11.04.015Verified Jun 19, 2026 With no children: Community: 100% to spouse. Separate: all to spouse if no parents or siblings/their descendants survive, otherwise 3/4.. With shared children: Community: 100% to spouse. Separate: 1/2 to spouse.. When children from a prior relationship survive: Community: 100% to spouse. Separate: 1/2 to spouse..

Washington uses the "per stirpes" distribution method.RCW § 11.04.015Verified Jun 19, 2026 Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. By representation (modern per stirpes)

Washington requires an heir to survive the decedent by 120 hours to inherit.RCW § 11.04.015Verified Jun 19, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Under Washington intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.RCW § 11.04.015Verified Jun 19, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Washington will signing requirements page outlines what is needed to execute a valid will.

Probate costs in Washington depend on estate size and complexity. Estates valued at $100,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Washington probate cost calculator for a detailed estimate.

Washington is a community property state, meaning most assets acquired during marriage are jointly owned.RCW § 11.04.015Verified Jun 19, 2026 When one spouse dies without a will, the surviving spouse's share of community property and separate property are calculated under different rules. Community property with shared children: Community: 100% to spouse. Separate: 1/2 to spouse.. Separate property follows a different distribution depending on surviving relatives.

Washington Estate Planning Resources

In-depth guides covering Washington probate laws, trust requirements, and estate planning strategies.