Who Inherits If You Die Without a Will in Washington
Washington's intestacy rules: who inherits when there is no will, the surviving spouse's share, and how small estates are handled.
Short answer: Surviving spouse or registered domestic partner: all of the decedent's share of the community property, plus a share of the separate property: one-half if the decedent left descendants; RCW 11.04.015; chapter 11.08 RCW
| Who inherits without a will | Surviving spouse or registered domestic partner: all of the decedent's share of the community property, plus a share of the separate property: one-half if the decedent left descendants; three-quarters if there are no descendants but a parent or a parent's descendants (such as siblings) survive; all of it if none of those survive. The rest (or everything, if there is no spouse or partner) goes to descendants; if none, to parents; if none, to the parents' descendants (siblings, nieces and nephews); if none, to grandparents, then to their descendants. Property with no heirs escheats to the state. Source: RCW 11.04.015; chapter 11.08 RCW |
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| Surviving spouse's share | Washington is a community property state and has no elective share. At death, the surviving spouse or registered domestic partner keeps their own one-half of the community property; the decedent may leave only their half of the community property (and their separate property) by will. All community property, including the survivor's half, is subject to probate administration for community debts and family allowances. A surviving spouse or partner (and dependent children) may also claim an award in lieu of homestead, with a floor of $125,000 adjusted annually for inflation. The inflation-adjusted award in lieu of homestead amount changes each year; check the current figure. Source: RCW 11.02.070; RCW 11.54.020 |
| Small estate affidavit | A successor may collect the decedent's personal property by affidavit if the probate estate (not counting the surviving spouse's or domestic partner's community property interest), less liens and encumbrances, does not exceed $100,000. The affidavit may be used only after 40 days have passed since death, if no personal representative has been appointed or applied for anywhere, all debts (including funeral and burial expenses) have been paid or provided for, and written notice was given to all other successors at least 10 days earlier. The decedent must have been a Washington resident. The procedure covers personal property only (bank accounts, securities, vehicles and similar); real property cannot be transferred this way. A copy of the affidavit, with the decedent's Social Security number, must be mailed to the Department of Social and Health Services, Office of Financial Recovery. The $100,000 limit has been in place since 2006 (2006 c 360). Credit unions may also pay up to $1,000 of a member's deposits to a surviving spouse or partner on a separate affidavit (RCW 11.62.030). |
More Washington estate law
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- Small Estate Affidavit in Washington
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- How to Make a Valid Will in Washington
- How Probate Works in Washington
- Living Wills and Advance Directives in Washington
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- Executor Duties in Washington
- Letters Testamentary in Washington
- Affidavit of Heirship in Washington
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- All Washington wills, probate and estate rules
FAQ
Who inherits if someone dies without a will in Washington?
Surviving spouse or registered domestic partner: all of the decedent's share of the community property, plus a share of the separate property: one-half if the decedent left descendants; three-quarters if there are no descendants but a parent or a parent's descendants (such as siblings) survive; all of it if none of those survive. The rest (or everything, if there is no spouse or partner) goes to descendants; if none, to parents; if none, to the parents' descendants (siblings, nieces and nephews); if none, to grandparents, then to their descendants. Property with no heirs escheats to the state.
What is a surviving spouse entitled to in Washington?
Washington is a community property state and has no elective share. At death, the surviving spouse or registered domestic partner keeps their own one-half of the community property; the decedent may leave only their half of the community property (and their separate property) by will. All community property, including the survivor's half, is subject to probate administration for community debts and family allowances. A surviving spouse or partner (and dependent children) may also claim an award in lieu of homestead, with a floor of $125,000 adjusted annually for inflation.
What is the small estate limit in Washington?
A successor may collect the decedent's personal property by affidavit if the probate estate (not counting the surviving spouse's or domestic partner's community property interest), less liens and encumbrances, does not exceed $100,000. The affidavit may be used only after 40 days have passed since death, if no personal representative has been appointed or applied for anywhere, all debts (including funeral and burial expenses) have been paid or provided for, and written notice was given to all other successors at least 10 days earlier. The decedent must have been a Washington resident. The procedure covers personal property only (bank accounts, securities, vehicles and similar); real property cannot be transferred this way. A copy of the affidavit, with the decedent's Social Security number, must be mailed to the Department of Social and Health Services, Office of Financial Recovery.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.