What Happens If You Die Without a Will in Washington?
Washington is a community property state, so the surviving spouse already owns half of what the couple acquired during the marriage. Without a will in Washington, descendants divide what passes to them per capita with representationRCW § 11.04.015Verified Sep 10, 2026View source, and an heir must survive the decedent by 120 hoursRCW § 11.05A.020Verified Sep 10, 2026View source to inherit.
Washington intestacy law decides. As a community property stateRCW § 11.04.015Verified Sep 10, 2026View source, Washington distinguishes community property (acquired during the marriage) from separate property (owned before it, or received as a gift or inheritance), and the surviving spouse's share differs for each. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Issue of parents; Grandparents; Issue of grandparents; Escheat to the stateRCW § 11.04.015Verified Sep 10, 2026View source.
The surviving spouse's share in Washington depends on the family. With no children: Community: 100% to spouse. Separate: all to spouse if no parents or siblings/their descendants survive, otherwise 3/4RCW § 11.04.015Verified Sep 10, 2026View source. With shared children: Community: 100% to spouse. Separate: 1/2 to spouseRCW § 11.04.015Verified Sep 10, 2026View source. When a child from a prior relationship survives: Community: 100% to spouse. Separate: 1/2 to spouseRCW § 11.04.015Verified Sep 10, 2026View source.
Washington divides per capita with representationRCW § 11.04.015Verified Sep 10, 2026View source: shares are set at the nearest generation with a surviving heir, heirs of equal degree take equal shares, and a deceased heir's share passes to that heir's own descendants.
Washington requires an heir to survive the decedent by 120 hoursRCW § 11.05A.020Verified Sep 10, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir. When one spouse dies without a will in Washington, how each asset is classified, community or separate, decides what passes and to whom; with shared children the surviving spouse takes Community: 100% to spouse. Separate: 1/2 to spouseRCW § 11.04.015Verified Sep 10, 2026View source.
Under Washington intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. In Washington, however, State registered domestic partners (registration requires at least one partner to be 62 or older)RCW § 11.04.015; RCW § 26.60.030(2)Verified Sep 10, 2026View source inherit with the same rights as a surviving spouse. Washington's descent and distribution chapter carries a stepchild provision, RCW 11.04.095, that operates to avoid escheat; it does not change the surviving spouse's shareRCW § 11.04.095Verified Sep 10, 2026View source. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Washington will signing requirements set out what a valid will takes.
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Learn moreForms for Planning and Settling an Estate in Washington
Free Washington forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Notice to Creditors
In Washington, the notice to creditors is published for 3RCW 11.40.020, 11.40.040, 11.40.051, 11.40.100, 11.76.110Verified Sep 15, 2026View source weeks in a local newspaper, and creditors have 4 monthsRCW 11.40.051Verified Sep 9, 2026View source from first publication to present claims.
Renunciation of Executor
In Washington, a person named as personal representative may decline to serveRCW 11.28.010; RCW 11.28.120(1)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Washington, the Small Estate AffidavitRCW 11.62.010Verified Sep 9, 2026View source covers estates valued at $100,000RCW 11.62.010Verified Sep 9, 2026View source or less, 40 daysRCW 11.62.010Verified Sep 9, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Washington, the personal representative files the estate inventory within 90 daysRCW 11.44.015; RCW 11.44.025Verified Sep 15, 2026View source of appointment.
Estate Closing
In Washington, the personal representative is discharged automatically once the statutory period runsRCW 11.68.110(2)(b)(iv), (3), (4), (5)Verified Sep 15, 2026View source, and no final accounting is required.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Washington, a will is signed before 2RCW 11.12.020Verified Sep 16, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyRCW 11.12.020Verified Sep 16, 2026View source.
Healthcare Power of Attorney
Washington allows a choice for a healthcare power of attorney: 2RCW 11.125.050; RCW 11.125.400; RCW 70.122.030; RCW 7.70.065Verified Oct 15, 2026View source witnesses or a notary.
Tools for Planning and Settling an Estate in Washington
Free calculators and checklists for planning or settling an estate in Washington: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Washington costs an estimated $27,599RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source. Attorney fees run 2.2%RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source to 3.5%RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Washington allows you to name your own agent in a signed, written documentRCW 68.50.160(1)Verified Jul 13, 2026View source, and that designation takes priority over the statutory order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Washington levies an estate taxRCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source above $3,000,000RCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source (top rate 20%RCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Washington, beneficiaries owe no inheritance tax and the estate pays any estate taxRCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source above $3,000,000RCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Washington take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces a 7% excise tax above $278,000, rising to 9.9% above $1,000,000; individuals only — estates and trusts are not subject to itRCW Ch. 82.87 (esp. § 82.87.040 rate, § 82.87.050 exclusions); ESSB 5096 (2021); SB 5813 Ch. 421 (2025 Laws) — added 9.9% tier on gains > $1MVerified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Washington costs an estimated $27,599RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source and takes 4 months to 6 months for a simple estate, with attorney fees of typically 2.2%RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source to 3.5%RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source of the estate. Estates under $100,000RCW 11.62.010Verified Sep 9, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Washington pays executors reasonable compensationRCW 11.48.210 (reasonable compensation set by the court; no statutory percentage; compensation provided in the will controls unless the personal representative renounces it in writing before qualifying)Verified Sep 9, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 9, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 9, 2026View source of the estate.
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