Know Who Inherits Your Estate When You’re Gone: A Washington State Guide
Picture this: You’ve spent decades building your life in the beautiful Pacific Northwest—a home overlooking Puget Sound, cherished family heirlooms, retirement accounts, and perhaps even a small boat for weekend getaways. Now ask yourself: do you know exactly who will receive these assets when you’re gone? If you don’t have a clear answer, you’re not alone.
In Washington State, whether your assets are distributed according to your wishes or according to state law depends on one important factor: whether you die “testate” or “intestate.” These legal terms might sound complex, but they represent a simple yet profound choice that affects everyone you care about.
Let’s unpack what these terms mean and why they matter to you and your loved ones.
What Does Testate Mean?
When someone dies “testate,” it simply means they had a valid will at the time of their death. Your will acts as your voice when you can no longer speak for yourself, directing how your property should be distributed and who should take care of any minor children.
Requirements for a Valid Will in Washington State
For your will to be legally valid in Washington State, you must meet these requirements:
- You must be at least 18 years old
- You must be of “sound mind” (capable of understanding what property you own and who your relatives are)
- Your will must be in writing
- You must sign your will
- Your will must be witnessed by at least two competent witnesses who also sign the document
- Your witnesses cannot be beneficiaries named in the will
Washington State law governing wills can be found in RCW 11.12, which details everything from how to execute a valid will to how to revoke or amend one.
It’s worth noting that Washington State also recognizes handwritten (holographic) wills only if they meet all the formal requirements, including proper witnessing. Washington also recognizes electronic wills under certain conditions as outlined in RCW 11.12.400.
Benefits of Dying Testate
Having a valid will provides numerous advantages:
- You decide who gets what. Your baseball card collection goes to your nephew who shares your passion, while your grandmother’s pearls go to your daughter.
- You choose guardians for minor children. Rather than leaving this critical decision to the courts, you select who will raise your children.
- You name your personal representative. This person will manage your estate through probate.
- You can minimize family conflicts. Clear instructions reduce the likelihood of disagreements among loved ones during an already difficult time.
- You can include specific bequests to friends or charities. Without a will, only relatives can inherit.
- You may be able to reduce estate taxes and probate expenses.
What Does Intestate Mean?
Dying “intestate” means passing away without a valid will. When this happens, Washington State law determines who receives your property—and the results might not align with your wishes.
How Intestate Succession Works in Washington
When someone dies intestate in Washington, their assets pass according to the state’s intestate succession laws found in RCW 11.04. The court appoints an administrator (similar to an executor) to manage the estate through probate.
The distribution follows a rigid formula based on family relationships, with no consideration for the unique dynamics of your family or your personal preferences.
Who Gets What? Washington’s Intestate Succession Laws
Washington’s intestate succession laws create a hierarchy of heirs. Here’s how your estate would typically be distributed:
If You Have a Spouse or Registered Domestic Partner
- If you have no descendants or parents: Your spouse/partner receives everything.
- If you have descendants (children, grandchildren, etc.): Your spouse/partner receives all your community property and half of your separate property. Your descendants share the remaining half of your separate property.
- If you have no descendants but have surviving parents: Your spouse/partner receives all your community property and three-quarters of your separate property. Your parents receive the remaining quarter of your separate property.
If You Have Children but No Spouse/Partner
- All of your estate passes to your descendants, divided equally among them.
- If a child preceded you in death but left children of their own (your grandchildren), your deceased child’s share passes to their children.
If You Have Parents but No Spouse/Partner or Descendants
- Your parents inherit everything equally.
If You Have Siblings but No Spouse/Partner, Descendants, or Parents
- Your siblings inherit everything equally.
- If a sibling preceded you in death but left children, that sibling’s share passes to their children.
The succession continues to more distant relatives if needed, following the pattern established in RCW 11.04.015.
When the State Takes Your Property
If you die intestate with no identifiable heirs as defined by Washington law, your property “escheats” to the State of Washington. This means the state becomes the owner of all your assets. While relatively rare, escheat happens more often than people realize, particularly for individuals who have become estranged from family or who have outlived all their relatives.
Community Property vs. Separate Property in Washington
As a community property state, Washington treats property acquired during marriage differently than separate property. This distinction becomes crucial in intestate succession:
- Community property is generally anything acquired during marriage by either spouse.
- Separate property includes assets owned before marriage, gifts or inheritances received by just one spouse, and certain other categories.
When someone dies intestate, these classifications affect how property is distributed among surviving family members, as outlined above.
Common Misconceptions About Dying Without a Will
“My spouse will automatically get everything.”
Not necessarily. As detailed above, if you have children or living parents, your spouse may receive only a portion of your separate property.
“If I don’t have a will, the state takes everything.”
This only happens if you have absolutely no living relatives who qualify under intestate succession laws—an extremely rare occurrence.
“Without a will, my estate will face higher taxes.”
While having a will can help with tax planning, dying intestate doesn’t automatically increase estate taxes. However, it does remove your ability to implement tax-saving strategies.
“My long-term partner will be taken care of.”
Unless you’re in a registered domestic partnership or legally married, your partner has no inheritance rights under Washington’s intestate succession laws, regardless of how long you’ve been together.
“My children from a previous relationship will be provided for.”
While they’ll receive a share of your separate property, your current spouse will receive all community property, which could leave children from previous relationships with less than you might intend.
Why Having a Will Matters: Real-Life Scenarios
The Blended Family Situation
John and Maria have been married for five years. John has two adult children from his previous marriage, while Maria has one teenage son. They own their Seattle home jointly, have separate retirement accounts, and John has a vacation cabin that belonged to his grandparents.
If John dies intestate:
- Maria gets all community property (including the Seattle home)
- Maria gets half of John’s separate property
- John’s two adult children share the remaining half of his separate property—including only half interest in his family cabin
With a will, John could ensure his family cabin stays intact and passes completely to his children while making other provisions for Maria.
The Unmarried Partners Dilemma
Alex and Jordan have lived together for 15 years in Tacoma but never legally married or registered as domestic partners. They own their home together and have intertwined their finances.
If Alex dies intestate:
- Jordan receives nothing under intestate succession laws
- Alex’s parents or siblings would inherit everything
- Jordan could face losing their shared home
A simple will would allow Alex to provide for Jordan.
The Charitable Intentions Gap
Leslie, a retired schoolteacher from Olympia, has no living relatives but wishes to leave her estate to support literacy programs for disadvantaged children.
If Leslie dies intestate:
- Her estate would likely escheat to the State of Washington
- None of her assets would support the cause she cares about
A will would enable Leslie to leave a meaningful legacy aligned with her values.
The Probate Process: Testate vs. Intestate
Whether you die testate or intestate, your estate will likely go through probate in Washington State. However, the process differs significantly:
Testate Probate
- Your named executor petitions the court
- Your will guides the distribution of assets
- The process typically moves more smoothly
- Your executor has clear instructions
Intestate Probate
- Family members petition for administration
- Potential disputes over who should serve as administrator
- Court applies intestate succession laws
- No guidance on your preferences for asset distribution
- Often takes longer and costs more
Washington’s probate procedures are governed by RCW Title 11, with specific processes for intestate estates detailed in RCW 11.28.110 through 11.28.240.
Key Takeaways
- Testate means dying with a valid will; intestate means dying without one.
- If you die intestate in Washington State, your property is distributed according to a fixed formula that may not match your wishes.
- Washington’s intestate succession laws favor spouses and blood relatives; unmarried partners, friends, and charities receive nothing.
- As a community property state, Washington treats property acquired during marriage differently than separate property.
- Creating a valid will gives you control over who receives your property, who administers your estate, and who cares for your minor children.
- Without a will, the court makes these important decisions based solely on state law.
- Even simple estates benefit from having a will, as it provides clarity and direction during a difficult time.
Frequently Asked Questions
What happens to my children if I die without a will in Washington State?
If you die without naming guardians for minor children, the court will appoint someone. While the court tries to make the best decision possible, they won’t know your preferences. Family members typically petition for guardianship, but without your guidance, the person selected might not be who you would have chosen.
Can I write my own will in Washington State?
Yes, Washington law allows for self-prepared wills. However, they must meet all legal requirements, including proper witnessing. Many self-prepared wills fail because of technical errors. If your estate is anything but very simple, consulting with an estate planning attorney is highly recommended.
Do I need a will if I don’t own much property?
Yes. Even modest estates benefit from wills. Beyond property distribution, wills allow you to name guardians for children, specify funeral arrangements, and select who will handle your affairs. Without these instructions, the court makes these decisions according to state law.
If I have a living trust, do I still need a will?
Yes. A “pour-over” will captures any assets not transferred to your trust during your lifetime. Without this backup, assets outside your trust would be distributed according to intestate succession laws.
How often should I update my will?
Review your will after major life events such as:
- Marriage or divorce
- Birth or adoption of children
- Major changes in financial circumstances
- Moving to a new state
- Changes in tax laws
- Death of named beneficiaries or personal representatives
At minimum, review your will every 3-5 years to ensure it still reflects your wishes.
Does a will help avoid probate in Washington?
A basic will does not avoid probate. However, it can make the probate process smoother and ensure your assets go where you want. To avoid probate, consider complementary estate planning tools like living trusts, transfer-on-death designations, and joint ownership.
Plan Today for Tomorrow
Whether your estate is large or modest, having a valid will ensures your wishes are followed and your loved ones are provided for according to your intentions. Without a will, Washington State law—not you—decides what happens to everything you’ve worked for.
Estate planning is an act of care for those you leave behind. It provides clarity during a difficult time and prevents unnecessary complications and conflicts.
Contact Us
Don’t leave your legacy to chance. At James A. Jones Attorney At Law, we help Washington residents create thoughtful, legally sound estate plans tailored to their unique circumstances and wishes. We can help you craft a will that protects your loved ones and ensures your preferences are respected.
Take the first step toward peace of mind—contact our office today to schedule a free consultation about creating or updating your will. Your family’s future is too important to leave to Washington’s intestate succession laws.
