What Happens if You Die Without a Will in Washington?
Without a will, Washington has a default plan for your estate already written into state law. It's based on your marital status and family, not your preferences. Here's what it says. Washington treats a surviving spouse more generously than most community property states when it comes to the community estate.
If You are Married with Children
Your spouse inherits your entire share of the community property, no matter whether your children are also your spouse's. Your separate property is split differently.
- Your spouse inherits 1/2 of your separate property. Your children inherit the other 1/2, whether or not they're also your spouse's children.
If You are Married Without Children
Your spouse always inherits your entire share of the community property. For your separate property: if you have living parents or their descendants, your spouse inherits 3/4 and they inherit the remaining 1/4. If not, your spouse inherits all of your separate property too.
If You Don't Have a Spouse, but Have Children
Your children inherit all of your assets and divide them equally.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither parent survives, your siblings inherit next.
If No Living Relatives Can Be Found
Your property reverts to the state of Washington, something that only happens infrequently as a thorough search is conducted first.
Other Things to Know about Dying Without a Will in Washington
- Unlike some community property states, Washington gives a surviving spouse the decedent's entire community property share even when there are children from another relationship.
- Washington is one of the few states with its own state estate tax, separate from the federal estate tax, which can apply to larger estates.
- Stepchildren generally don't inherit unless legally adopted.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Washington, your estate may still avoid full probate if it's valued at $100,000 or less in probate assets, using a small estate affidavit 40 days after death, with no court filing required.
Learn more about probate in Washington.
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