Dying without a will creates confusion and stress for your loved ones. In Washington, state law decides who inherits your assets if you pass away without leaving a will. This process is called intestate succession, and it follows a specific order.
How intestate succession works
When someone dies without a will, Washington law directs who receives their property. The order starts with your closest relatives. If you are married, your spouse receives your share of community property and part of your separate property. If you have children, your spouse and children split your assets. If no spouse or children survive, your parents, siblings, or other relatives inherit.
What happens to community property
Washington follows community property rules. This means most property gained during marriage belongs equally to both spouses. If you die without a will, your surviving spouse keeps their half and may also receive your half. If you have children from another relationship, the law divides your share between your spouse and your children.
How the court decides guardianship for minors
If you die without a will and you have minor children, the court chooses who will raise them. The court bases its decision on the best interest of the child. Without a will naming a guardian, the process can take longer and cause disagreements among family members.
Why intestate succession may not match your wishes
The law follows a fixed order that may not reflect your choices. For example, close friends, unmarried partners, or charities cannot inherit under intestate succession. Without a will, relatives you did not intend to benefit may receive your property, leaving your wishes unfulfilled.
Planning ahead can protect your family
Without a will, your loved ones may face delays, added costs, and disputes. Creating a will ensures you decide how to divide your assets. It also gives you control over decisions like guardianship, instead of letting the court decide.