Probate in Washington: What Your Family Goes Through Without a Will

Probate is the default path for an estate in Washington, especially if someone dies without a will, but it isn't the only path. When someone dies without a will, this is known as intestate succession. An estate will go through probate in Washington if there is no will, with a few exceptions.

• You have listed beneficiaries on life insurance policies.

• You have designated a beneficiary for retirement, bank, or brokerage accounts.

• You have community property titled with an agreement with right of survivorship.

If none of these apply, an estate without a will does go through probate in Washington. If the estate is valued at $100,000 or less in probate assets, you can use a small estate affidavit 40 days after death, with no court filing required.

Succession Laws Without a Will in Washington

Washington's inheritance rules begin with a basic question: how is property owned in the first place? Washington is one of nine community property states. Property acquired during the marriage is generally owned equally by both spouses, so a surviving spouse already owns half of it. Washington is unusually generous toward spouses here: it gives the surviving spouse the decedent's entire share of the community property, no matter whether there are children, or whether those children are from another relationship.

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If none of the exceptions above apply, the estate will go through probate and be distributed as follows.

• Your spouse always inherits your entire share of the community property, regardless of whether you have children.

• If you have descendants, your spouse also inherits 1/2 of your separate property. Your descendants inherit the other 1/2.

• If you have no descendants but living parents or their descendants, your spouse inherits 3/4 of your separate property. Your parents (or their descendants) inherit the remaining 1/4.

• If you have no descendants, no living parents, and no descendants of parents, your spouse inherits all of your separate property too.

Washington Probate Process

Washington probate is handled by the Superior Court in the county where the deceased lived. Washington is one of a small number of states with its own state estate tax, with an exclusion around $3 million, which can affect larger estates whether or not there's a will.

Avoiding Probate in Washington

For families who'd rather skip the courthouse altogether, here are the standard ways to avoid probate.

• Put your assets in a revocable living trust, giving you more control and privacy over your estate.

• Name beneficiary designations on financial and retirement accounts to name new owners.

• Sign a community property agreement with your spouse, which lets community property pass directly without probate.

• Establish joint ownership with right of survivorship for property owned with someone other than a spouse.

Want to learn more about trusts in Washington? This is what you’ll need to know to put together a trust.