Most people never think about what happens to their stuff when they die. It feels far away. But here’s the truth: if you die without a will in Washington, the state steps in and decides for you. And it might not choose what you would have wanted.
This guide explains how Washington’s intestacy laws work in plain English. No legal jargon. No confusing charts. Just what you need to know.
What Is Intestacy?
Intestacy is just a fancy word for dying without a will. When that happens, Washington State takes over. A court follows a set of rules to figure out who gets your money, your home, and your belongings.
These rules are found in the Revised Code of Washington, or RCW 11.04.015. The law tries to guess what most people would want. But it doesn’t always get it right. It can’t know your personal situation.
So simple, right? Well, not always.
Community Property vs. Separate Property
Okay, this part is important. Washington is a community property state. That means the law treats property differently depending on when you got it.
Community property is anything you earned or bought during your marriage. Think of your shared home, joint bank accounts, or a car you bought together. Separate property is what you owned before the marriage. It also includes gifts and inheritances you received, even during the marriage.
Why does this matter? Because the two types are divided very differently when you die without a will.
What Your Spouse Gets
If you are married and die without a will, your spouse is first in line. Here is how it works.
Your spouse automatically gets all of your community property. That part is simple. The separate property is where things get more complicated.
If you have children, your spouse gets half of your separate property. Your children split the other half. If you have no children but have living parents or siblings, your spouse gets three-quarters of your separate property. The remaining quarter goes to your parents or siblings. If you have no children, parents, or siblings at all, your spouse gets everything, including all of your separate property.
Makes sense, right? The state tries to keep as much as possible with the closest family members.
What Happens to Your Children
Wondering what your kids get? A lot depends on whether you also have a surviving spouse.
If there is no surviving spouse, your children inherit everything equally. It doesn’t matter if you have one child or five. They split it all. That includes both community and separate property.
If you do have a surviving spouse, your children share only the remaining portion of your separate property. They do not receive any of the community property.
Now, here’s where it gets interesting. Not all children are treated the same under the law.
Adopted children are treated exactly like biological children. They get a full equal share. Foster children and stepchildren you never legally adopted get nothing automatically. Children you placed for adoption and who were adopted by another family also do not receive a share.
Children born outside of marriage can inherit from you. But paternity may need to be legally established first. Honestly, this is the part most people miss.
The Order of Inheritance
What if you die without a spouse or children? The state still has a plan.
Washington follows a clear chain of relatives. Your parents come next if you have no spouse or children. After parents come siblings. After siblings come nieces and nephews. The chain keeps going to grandparents, aunts, uncles, and cousins.
The state will search hard to find any living relative. It basically works like a ladder. Each rung represents a closer relative. If someone at the top of the ladder is alive, the people below them get nothing.
Here’s a micro-story for you. A friend of mine lost her uncle a few years back. He had no spouse, no kids, and never wrote a will. His parents were gone. So everything went to his two sisters. One of them had already passed away. Her share went to her kids instead. The whole thing took months to sort out in probate court.
Don’t let that be your family.
What About Distant Relatives?
Stay with me here, this part matters more than you think.
If you truly have no relatives, your estate escheats to the state. That means Washington keeps your property. But this almost never happens. The law is designed to find anyone even remotely related to you.
Half-relatives count too. Your half-brother (same father, different mother) inherits the same as a full sibling would. The law does not cut them out.
There is one exception. Property that came to you through your family line must stay in that blood family. This is a specific rule and it can get complicated fast.
Survivorship: A Little-Known Rule
Here is one that surprises a lot of people. You’re not alone in not knowing this one.
To inherit from you, a person must outlive you by at least 120 hours. That is five full days. If your brother is in an accident with you and survives by only three days, he cannot inherit from your estate.
This rule exists to prevent property from passing to someone who is about to die anyway. It sounds cold. But personally, I think it actually makes sense.
Probate vs. Non-Probate Assets
Hold on, this part is important. Not everything you own goes through intestacy.
Some assets pass directly to another person no matter what. These are called non-probate assets. Life insurance policies go to whoever you named as beneficiary. Retirement accounts like a 401(k) or IRA work the same way. Joint bank accounts go to the surviving co-owner. A home owned in joint tenancy passes automatically.
Intestacy only affects your probate assets. These are things owned only in your name with no named beneficiary.
Think of it like this: your life insurance is on its own track. Intestacy is on a completely different track. They never meet.
The Slayer and Abuser Rule
Wait, it gets better. Or worse, depending on how you look at it.
Washington has a rule that prevents someone from inheriting if they caused your death. Under RCW 11.84.020, anyone who willfully and unlawfully kills you loses their right to inherit from your estate.
This also applies to financial abuse. If someone financially exploits you as a vulnerable adult, they can be cut out of your estate too.
Pretty straightforward, and honestly, it makes a lot of sense.
Washington Estate Taxes
Most people do not owe Washington estate taxes. But if your estate is large, you need to know this.
As of 2026, estates worth less than $3,076,000 are exempt from Washington’s estate tax. Above that threshold, the tax rate ranges from 10 to 35 percent, depending on the size of the estate. The rate was updated in 2025 when Governor Bob Ferguson signed Engrossed Substitute Bill 5813.
At the federal level, estates under $15 million are exempt. That covers the vast majority of families.
What Happens to Your Home
Your house is one of the most important assets most people own. How it passes depends on how the deed is written.
If the home is in your name only, it goes through intestacy. If you own it jointly with your spouse as joint tenants, it passes to your spouse automatically without probate. If you own it as tenants in common, your share goes through intestacy.
Most married couples own homes as joint tenants. That means the home stays with the surviving spouse no matter what. But make sure you know how your deed is written.
Unmarried Partners and Stepchildren
This is the part that surprises most people. It might surprise you too.
If you have a long-term partner but never married and never registered as domestic partners, they get nothing under intestacy law. Zero. No matter how long you were together.
Stepchildren you never legally adopted also get nothing. This catches a lot of blended families off guard.
The only way to protect these people is to write a will. Intestacy law simply does not account for them.
How to Protect Your Wishes
Now here is the good news. You are in control of this, but only if you act.
Writing a will is the most direct fix. A basic will lets you name who gets what, who manages your estate, and who takes care of your children if they are minors. You can write one with an attorney or use a reputable online service.
You can also set up non-probate transfers for major assets. Name beneficiaries on your life insurance and retirement accounts. Add a payable-on-death designation to your bank accounts. Consider a living trust for more complex situations.
These steps take time. But they take far less time than sorting out a messy estate in court.
Frequently Asked Questions
Does my spouse automatically get everything in Washington?
Not always. Your spouse gets all community property. But separate property may be split with your children, parents, or siblings depending on who is alive.
Can an unmarried partner inherit from me?
Only if you write a will or name them as a beneficiary on specific accounts. Intestacy law in Washington does not include unmarried partners.
Do stepchildren have inheritance rights in Washington?
Stepchildren you did not legally adopt have no automatic right to inherit. You must name them in a will or other estate planning document.
What if I have no relatives at all?
Your estate escheats to the state of Washington. This is very rare. The law searches far and wide to find even distant relatives first.
Does a domestic partner have the same rights as a spouse?
Yes. Washington’s intestacy laws treat registered domestic partners the same as spouses. All the same rules apply.
What if my child died before me?
Your grandchildren can inherit your child’s share. This is called taking by representation. Grandchildren only inherit if their parent is not alive to receive the share.
How long does probate take in Washington?
A straightforward estate can take six months to a year. More complex estates with disputes or unclear assets can take much longer.
Final Thoughts
Now you know how Washington handles estates when there is no will. The state does its best to follow what most people would want. But it cannot know your specific wishes or your family situation.
The fix is simple. Write a will. Update your beneficiaries. Talk to an estate planning attorney if your situation is complex.
Don’t let the state write your final chapter for you.
