What Happens if You Die Without a Will in Washington State?
Many people assume estate planning is only necessary for those with significant wealth or complex assets. In reality, having a will is important for anyone who wants clarity, control, and peace of mind about what happens after they pass away. When someone dies without a will in Washington State, they are considered to have died intestate, and state law determines how their estate is handled.
Below, we explain what intestacy means in Washington, how assets are distributed, and why having an estate plan in place can make a meaningful difference for your loved ones.
What Does It Mean to Die Without a Will?
Dying without a will means you did not leave legally valid instructions for how your property, assets, and personal affairs should be handled after your death. In Washington State, intestate estates are governed by specific statutes that dictate:
Who inherits your property
How much each person receives
Who may serve as personal representative (executor)
These rules apply regardless of your personal wishes.
How Are Assets Distributed Without a Will in Washington?
When there is no will, Washington’s intestate succession laws determine who receives your assets. Distribution depends largely on your family situation at the time of death.
If You Are Married or Have a Registered Domestic Partner
Your spouse or partner generally receives all community property
Separate property may be divided between your spouse/partner and your children or other relatives, depending on circumstances
If You Have Children but Are Not Married
Your children typically inherit your estate in equal shares
If a child has passed away, their share may pass to their descendants
If You Have No Spouse or Children
Your estate may pass to:
Parents
Siblings
Nieces and nephews
More distant relatives
If no eligible relatives can be identified, the estate may ultimately escheat to the State of Washington.
Who Decides What Happens During Probate?
Without a will, the court appoints a personal representative to manage the probate process. This may or may not be the person you would have chosen. Probate can take longer and become more complicated when there are disputes among family members or unclear intentions.
Additionally, without written instructions, loved ones may be left to make difficult decisions during an already emotional time.
Why Dying Without a Will Can Create Challenges
While intestate succession laws provide a framework, they don’t account for individual family dynamics or personal wishes. Common challenges include:
Delays in probate
Increased legal costs
Family disputes or confusion
No named guardian for minor children
Assets distributed in ways you may not have intended
An estate plan helps reduce uncertainty and provides guidance when it matters most.
How Estate Planning Can Help
Creating an estate plan allows you to:
Decide who receives your assets
Name a trusted personal representative
Designate guardians for minor children
Reduce stress and confusion for loved ones
Potentially simplify or avoid probate
Estate planning is not about preparing for the worst — it’s about protecting the people you care about and ensuring your wishes are honored. If you don’t currently have a will, it’s never too early to start the conversation.
This is general information and is not legal advice.