If you die without a will in Washington State, you die "intestate." That means Washington law decides who gets your property — not you. The state follows a set of rules called "intestate succession" found in RCW 11.04.015. These rules determine which family members inherit your assets and in what percentages. The problem is that the state's plan may not match what you want. Your spouse, children, parents, or other loved ones may end up with a different share than you intended — or someone you wanted to provide for may get nothing at all. If you live in Bellevue, Seattle, Kirkland, Redmond, or Issaquah, dying without a will puts your family's future in the hands of a court. Call (425) 368-9855 to speak with a Bellevue estate planning attorney and get a will in place.
What Is Intestate Succession in Washington?
Intestate succession is the legal process Washington uses to distribute your property when you die without a will. The rules in RCW 11.04.015 set out a priority list of who inherits. Here is how it works in the most common situations:
If You Are Married With Children
If you die without a will in Washington and you are married with children, your spouse inherits all of your community property. Your separate property is split: your spouse gets half, and your children share the other half equally. If you have children from a previous relationship, the split can get complicated, and your spouse may not inherit as much as you expect.
If You Are Married With No Children
If you are married and have no children, your spouse inherits all of your community property and half of your separate property. Your parents (or siblings if your parents are deceased) inherit the other half of your separate property.
If You Are Single With Children
If you are not married and have children, your children inherit everything in equal shares. If a child has died before you, that child's children (your grandchildren) take their parent's share.
If You Are Single With No Children
If you are not married and have no children, your parents inherit everything. If your parents are deceased, your siblings inherit in equal shares. If no siblings survive, the estate goes to more distant relatives.
Problems With Dying Intestate in Washington
Dying without a will in Washington creates several serious problems for your family.
The State Decides Who Gets What
Without a will, you have no say in who receives your property. Washington's intestate succession law follows a rigid formula. You cannot leave anything to a friend, a charity, or a partner you are not married to. If you want to provide for someone who is not a close blood relative, a will is the only way to make that happen.
Your Family Goes Through Probate
Even without a will, your estate still goes through probate in Washington. The court appoints an administrator (usually a family member) to handle the estate. This takes longer and costs more than if you had a will or a living trust. The court process is also public, meaning anyone can see what you owned and who inherited it. For Bellevue families, this loss of privacy can be a serious concern.
Minor Children May Not Get the Guardian You Want
If you have children under 18 and die without a will, a Washington court decides who becomes their guardian. The court will try to act in the children's best interest, but it may not choose the person you would have chosen. A will lets you name a guardian for your minor children, which is one of the most important reasons to have one.
Your Estate May Face Higher Costs and Delays
Intestate estates often take longer to settle because the court must determine heirs and approve distributions. Attorney fees and court costs eat into the estate. For families in Bellevue and across Washington, this means less money goes to the people you care about.
How to Prevent Dying Intestate in Washington
The simplest way to avoid intestate succession is to create a valid will. A will lets you decide exactly who gets your property, name a guardian for your children, and choose an executor to handle your estate. For many families in Bellevue, a will combined with a revocable living trust is the best approach. The trust avoids probate entirely, while the will covers anything not in the trust and names guardians. To understand the costs, see our Washington estate planning cost guide.
If you own a home in Bellevue, you likely have enough assets to justify more than just a basic will. A living trust may save your family thousands in probate costs and months of delay. Residents of Seattle, Kirkland, Redmond, and Issaquah face the same considerations.
Frequently Asked Questions
01Does my spouse get everything if I die without a will in Washington?
Not necessarily. Your spouse gets all community property, but only half of your separate property if you have children. The rest goes to your children. Without a will, you cannot change this split.
02What happens to my children if I die without a will in Washington?
A court appoints a guardian for your minor children. The court considers family members first, but without a will naming a guardian, you have no say in who raises your children.
03Does Washington have a state estate tax if I die without a will?
Yes. Washington's estate tax applies to estates over $2.193 million as of 2024, whether or not you have a will. Dying without a will does not change the tax. See our guide on estate planning costs in Washington.
04How long does intestate probate take in Washington?
Intestate probate in Washington typically takes 6 to 18 months, depending on estate size and family complexity. A will or living trust can shorten or eliminate this process.
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