What Happens If You Die Without a Will in Washington?

How intestacy works in Washington

When someone dies in Washington without a valid will, RCW 11.04.015 et seq. decides who inherits. The statute orders potential heirs by their relationship to the deceased — spouse and children first, then parents, then more distant relatives — and specifies exactly what share each one receives.

Washington is a community property state. On intestacy the decedent's one-half of the community property passes to the surviving spouse, so the spouse ends up owning 100% of the community property; only the decedent's separate property is divided between the spouse and the other heirs.

What happens when there’s a surviving spouse only (no children, no parents)

The spouse takes all community property plus all of the separate estate — 100% — if there is no surviving issue, parent, or issue of a parent.

What happens when there’s a surviving spouse and children

This is the most common situation and where Washington’s rules get specific:

Community property: the spouse takes the decedent's one-half, so the spouse ends up owning 100% of the community property. Separate property: the spouse takes one-half and the decedent's issue take the other half by representation, regardless of how many children there are.

For families where everyone is from the same marriage, the spouse generally gets a meaningful share. For blended families — where one or more children are from a prior relationship — many states change the math substantially. If your situation might fit that, the section above is exactly the rule that applies.

What happens when there’s a surviving spouse and parents (no children)

All community property to the spouse. Separate property: the spouse takes three-quarters and the decedent's parents (or the issue of the parents) take the remaining one-quarter.

What happens when there are children but no spouse

The entire estate passes to the decedent's issue; if all are the same degree of kinship they take equally, otherwise the more remote take by representation.

What happens when there’s no spouse and no children

Order of inheritance after issue: parents equally → issue of parents (siblings and their descendants) by representation → grandparents and their issue (paternal and maternal sides) → and if no taker exists, the estate escheats to the State of Washington under RCW 11.04.095.

This is where intestacy starts producing results that often surprise people — distant relatives the deceased may not have been close to can end up inheriting, and a long-time unmarried partner inherits nothing.

A Washington-specific quirk

Washington gives the surviving spouse a graduated separate-property share that is unusually generous when there are no children: three-quarters of the separate estate (not one-half) when the decedent is survived by a parent or a parent's issue but no children (RCW 11.04.015(1)©).

What intestacy can’t do (and why it usually fails most people)

Even when Washington’s intestacy rules produce a result close to what someone would have chosen, the rules can never:

• Leave anything to an unmarried partner — intestacy doesn’t recognize unmarried partners regardless of relationship length
• Leave anything to a step-child you didn’t formally adopt
• Leave anything to a friend, charity, or specific person outside your family
• Name a guardian for your minor children — a Washington judge picks
• Specify who handles your estate — a court appoints an administrator
• Identify specific items for specific people
• Account for blended-family dynamics in nuanced ways
• Reduce probate costs and time — intestate estates still go through full probate

For most Washington families, a basic will — costing $300 to $1,500 with a local attorney, or $50 to $300 with an online service — is meaningfully better than the default rules.

What probate looks like in Washington when there’s no will

If someone dies intestate in Washington, the estate still goes through probate. A court appoints an administrator (rather than an “executor” — the title is different for intestacy) to:

1. Inventory the estate’s assets
2. Notify creditors and pay debts
3. Identify legal heirs under Washington’s intestacy statute
4. Distribute remaining assets to heirs according to the statute

For details on what probate costs and how long it takes in Washington, see:

• How Much Does Probate Cost in Washington?
• How Long Does Probate Take in Washington?
• How to Avoid Probate in Washington

What to do this week if you don’t have a will

The most useful single move for any Washington adult without a will:

1. Write a basic will. Either through an online service ($50-$300) or a local attorney ($300-$1,500). Name an executor, name a guardian for any minor children, and specify who inherits what.
2. Update beneficiary designations on retirement accounts, life insurance, and POD/TOD bank accounts. These pass outside both the will and intestacy.
3. Sign a financial power of attorney and a healthcare directive. These handle incapacity (not death) and prevent your family from needing court-appointed guardianship.

For a Washington family with a typical estate, this whole package usually costs under $1,500 and takes a couple of weeks of intermittent work. It’s substantially cheaper and less stressful than what happens if you don’t do it.

Related reading

• Do I Need a Will? — the honest decision
• How to Write a Will (and What Makes It Valid)
• What Is Probate?
• How to Avoid Probate
• Estate Planning Checklist
• Beneficiary Designations
• Power of Attorney Explained

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This page explains Washington intestacy law in general terms as of 2026. It is not legal advice; intestacy provisions, dollar thresholds, and statute citations can change. Confirm current rules with a licensed Washington attorney before relying on this page. Sources: RCW 11.04.015 (descent and distribution), RCW 11.04.035 (right of representation), RCW 11.04.095 (escheat), RCW 26.16.030 (community property).