What Does Washington State Inheritance Laws Say When There Is No Will?

If There’s No Will, Washington State Decides Who Inherits Your Property.

When someone passes away without leaving a will, their estate doesn’t simply disappear. It is distributed according to Washington State inheritance laws, no will. These laws, often called intestate succession, determine how the deceased’s assets are divided among surviving family members. Without a clear directive from a will, the state ensures that property is passed down in a specific order, beginning with the closest relatives. 

In Washington, the law prioritizes spouses, children, and other close relatives when distributing the estate. If there is a surviving spouse, they may receive a large portion of the estate, especially if the assets are community property. If there are no close relatives, the estate could end up with more distant family members or, in rare cases, the state. This legal process ensures that assets are fairly and legally passed on even without a will.

Quick Summary:

• In Washington State, when someone dies without a will, their estate is distributed according to intestate succession laws found in RCW 11.04. These laws prioritize spouses, children, and other close relatives, ensuring that assets are fairly allocated, starting with the closest family members. If no eligible relatives exist, the estate may “escheat” to the state, meaning the government takes ownership of the unclaimed property.
• The distribution process varies based on the presence of a surviving spouse, children, or other relatives. A surviving spouse or domestic partner typically inherits the bulk of the estate, with separate property divided among children if they exist. In cases without a spouse or children, the estate passes to parents, siblings, or more distant relatives, following a clear hierarchy to maintain family ties.
• Only probate assets are subject to intestate succession laws. Probate assets include personal property, life insurance policies (if the estate is the beneficiary), real estate, and financial accounts held solely in the deceased’s name. Non-probate assets, like jointly owned property, trusts, and payable-on-death accounts, transfer directly to designated beneficiaries without going through probate, simplifying the inheritance process. Understanding these distinctions is beneficial for effective estate planning.

Intestate Succession in Washington State

Intestate succession is the process that takes place when someone passes away without a will, meaning they haven’t left any instructions for who should inherit their belongings. When this happens, the state follows specific rules to determine how the person’s property will be divided among their family. The goal is to make sure that the estate goes to the closest relatives, even though the person didn’t make their own decisions in writing.

In Washington State, the laws that handle this are found in Revised Code of Washington (RCW) 11.04. This explains exactly who inherits in the absence of a will. This statute details the order of inheritance and specifies the proportions of the estate that different relatives are entitled to. The law provides clarity and fairness in situations where no will exists to guide the distribution of assets.

Who Qualifies as Heirs Under Intestate Succession?

Washington’s intestate succession laws prioritize the closest family members. First in line are spouses or registered domestic partners, who often receive the bulk of the estate. If there are children, they share a portion of the estate, usually receiving separate property, while community property frequently goes to the spouse. If neither spouse nor children exist, the estate passes to parents, siblings, or even more distant relatives like nieces, nephews, or cousins. This hierarchy ensures that, in most cases, the estate remains within the family. The estate may go to the state if no eligible relatives can be found.

Distribution of Assets Without a Will

Washington State has rules to decide who gets their property when someone passes away without a will. These laws called intestate succession, distribute the estate based on who is closest to the person, starting with the spouse or domestic partner, then children, and, if necessary, other relatives. Here’s how assets are divided if there’s no will.

Surviving Spouse or Domestic Partner

When a person dies without a will, the surviving spouse or domestic partner is usually the first to inherit the deceased’s property in Washington State. The distribution of assets is based on whether the deceased had any children or other relatives. Knowing the community and separate property rules is essential, as these determine how much the surviving partner will receive.

• Community Property vs. Separate Property: In Washington, property is divided into two categories: community property and separate property. Community property includes anything earned or bought during the marriage, like a home or savings. Separate property refers to things owned before the marriage or gifts and inheritances. The surviving spouse or domestic partner automatically gets the community property if there’s no will. Separate property depends on whether the deceased had children or other relatives, like parents or siblings.
• Distribution Rules Based on Presence of Children, Parents, or Siblings: If the person who died had a spouse and children, the spouse gets half of the separate property, and the children share the other half. If there are no children but surviving parents or siblings, the spouse keeps three-fourths of the separate property, and the rest goes to those other relatives. This way, the spouse receives a large part of the estate, but the children or other close family members also get a share.

Children

In Washington State, children of the deceased have a right to inherit regardless of whether they are biological or adopted. If there’s no will, the estate is divided among the children, ensuring each child receives an equal share. This process emphasizes the importance of family bonds, as all children are treated equally under the law regarding inheritance.

• Rights of Biological and Adopted Children: Whether a child is biological or adopted, they have the same right to inherit under Washington’s inheritance laws. This means that all children of the deceased are treated equally when it comes to receiving property. However, stepchildren don’t automatically inherit unless they are legally adopted.
• Distribution Among Multiple Children: If the person who passed away didn’t have a spouse, their children inherit everything. If there are several children, the estate is divided equally between them. Each child gets an equal part of their parent’s estate to ensure fairness so no one is left out.

Other Relatives

Washington’s laws outline a hierarchy for other relatives to inherit if a person passes away without a will and leaves no spouse or children. The estate is distributed to the following accordingly:

• surviving parents first, 
• followed by siblings,
• grandparents, 
• aunts,
• uncles, and 
• cousins.

This system prioritizes close family connections and ensures that the deceased’s property stays within the family whenever possible.

• Distribution Hierarchy if No Spouse or Children Are Present: When there is no surviving spouse or children, Washington’s laws pass the estate to other relatives, starting with the parents. If the parents aren’t alive, the estate goes to the siblings. If there are no siblings, the estate moves to more distant family members, like grandparents, aunts, uncles, or cousins. The goal is to keep as much property within the family as possible.
• Explanation of “Escheat” to the State if No Relatives Exist: If no relatives can be found—meaning no spouse, children, parents, or even distant relatives—the estate “escheats” to the state. This means the state takes ownership of the property since no one can claim it. Escheat ensures that the property is managed and doesn’t remain unclaimed forever.

Assets That Can and Cannot Be Transferred Through Washington Intestate Succession 

In Washington State, knowing the difference between probate and non-probate assets is important, especially when someone dies without a will. This distinction helps explain how intestate succession laws work. Here’s a simple overview of these two types of assets and how they are treated under the law.

Probate Washington Inheritances

Probate assets must go through a legal process called probate before giving them to heirs. Usually, these assets are only in the deceased person’s name and don’t have any beneficiaries listed. Here are some examples:

Personal Property

Personal property encompasses a wide range of items that the deceased owned. This can include everyday items like:

• furniture, 
• appliances, and 
• clothing, 
• as well as valuable possessions like jewelry, artwork, vehicles (cars, motorcycles, and boats), and 
• collectibles (such as coins, stamps, or vintage items). 

These assets are typically distributed according to intestate succession laws and can hold sentimental as well as monetary value for the heirs.

Life Insurance Policies

Life insurance policies are contracts that provide a payout upon the insured person’s death. If the policy names the estate as the beneficiary, the benefits will go through the probate process and be distributed according to intestate succession laws. This can impact how quickly the funds are available to pay for expenses related to the deceased’s estate, such as funeral costs or debts. Heirs need to review these policies to understand their implications and ensure that any designated beneficiaries are adequately documented.

Real Estate

Real estate refers to any property that the deceased owned solely in their name. This includes the following:

• residential properties like houses or apartments, 
• as well as land or commercial properties. 

If the deceased person had a mortgage or any liens against the property, these would need to be addressed during the probate process. Since real estate often represents a significant part of an estate’s value, heirs must understand their rights and responsibilities regarding ownership and maintenance after the owner’s death.

Financial Accounts

Financial accounts include bank accounts, savings accounts, brokerage accounts, and investment accounts solely in the deceased’s name without any payable-on-death (POD) designation. No specific individual has been automatically named to receive the funds upon the account holder’s death. As a result, these accounts must go through probate to be legally transferred to the heirs. Heirs need to check the deceased’s financial documents to understand the value and management of these accounts during the probate process.

Non-Probate Washington Inheritances

Non-probate assets are different because they can go directly to beneficiaries without going through probate. This happens through arrangements like joint ownership or beneficiary designations. Here are some examples:

Jointly Owned Property

Jointly owned property refers to assets owned by two or more individuals together. This can include real estate, such as the following:

• a house or 
• a piece of land, 
• as well as personal property like cars or bank accounts. 

When one owner of a jointly owned property passes away, the ownership automatically transfers to the surviving owner(s) without going through the probate process. This arrangement is often set up as “joint tenancy with rights of survivorship,” meaning the surviving owner retains full ownership of the property. This type of ownership is beneficial because it allows for a seamless transfer of assets and helps avoid delays in accessing the property or handling associated financial responsibilities.

Trust Assets

Trust assets are properties or financial accounts that are held in a trust, which is a legal arrangement that designates a trustee to manage the assets for the benefit of specified beneficiaries. Trusts are created with specific instructions on how the assets should be distributed. This allows a controlled and efficient transfer of property without going through probate. 

This can help avoid delays and additional costs associated with the probate process. Trusts can be beneficial for complex estates or when there are specific wishes regarding how and when beneficiaries receive their inheritance, such as managing distributions for minors or those who may need assistance in handling finances.

Payable on Death (POD) Accounts

Payable on Death (POD) accounts are a type of bank account that allows the account holder to designate one or more beneficiaries who will receive the funds directly upon the account holder’s death. This means that the named beneficiary can access the funds without going through probate when the account owner passes away. 

POD accounts are a simple and effective way to ensure that money is quickly available to help pay final expenses or provide immediate financial support to loved ones. It’s important for account holders to keep their beneficiary designations updated to reflect their current wishes.

Transfer on Death (TOD) Securities

Transfer on Death (TOD) securities are investment assets such as stocks, bonds, or mutual funds that automatically transfer to a designated beneficiary when the owner dies. Like POD accounts, TOD arrangements allow the beneficiary to bypass the probate process and take immediate ownership of the securities. This feature can simplify the inheritance process for financial assets and provide timely access to funds for the beneficiary. Owners of TOD securities should ensure they have correctly designated their beneficiaries and keep that information current.

Life Insurance Policies with Named Beneficiaries

Life insurance policies typically allow the policyholder to name one or more beneficiaries who will receive the policy’s benefits upon the policyholder’s death. If a specific person is named as the beneficiary, the death benefit is paid directly to them, bypassing the probate process entirely. 

This means that beneficiaries can access the funds quickly, which can be essential for covering immediate expenses like funeral costs or other financial obligations. It’s essential for policyholders to regularly review and update their beneficiary designations, especially after significant life events like marriage, divorce, or the birth of a child.

Asset Impact on Intestate Succession

In Washington State, only probate assets are affected by intestate succession laws. This means that if someone dies without a will, only the assets that go through probate will be shared according to state inheritance laws. Non-probate assets skip the probate process and go directly to the beneficiaries. Understanding these differences is essential for planning how one’s belongings will be distributed after one passes away, ensuring that one’s wishes are respected.

Let Us Help Deal with Intestate Succession in Washington!

When a loved one dies without a will, the distribution of their assets is governed by Washington State’s intestacy laws. This can lead to confusion, disagreements, and potential legal challenges. Understanding your rights and options is beneficial in ensuring a fair and equitable distribution of your loved one’s estate.

At James A. Jones Attorney At Law, our experienced probate attorneys in Tacoma are dedicated to guiding you through the complexities of intestate succession. We understand the emotional and legal challenges you may face during this difficult time and are committed to providing compassionate and effective legal representation.

Don’t let the uncertainty of intestate succession stress you out. Contact James A. Jones Attorney At Law today for a free consultation. Our attorneys will evaluate your situation and provide guidance on your rights and options.

We also offer legal services in related practice areas, such as estate planning, probate, guardianship, and Medicaid planning.