✓ Verified June 2026
This guide explains what happens when someone dies dying without a will in Washington — exactly who inherits under Washington’s intestate-succession law, and what surprises families most. All shares are from Washington statute, verified as of June 2026.
In This Washington Guide:
Who Inherits When There Is No Will in Washington
Here is exactly how Washington divides an estate when there is no will:
| If the person leaves… | Who inherits in Washington |
|---|---|
| Spouse, no children | Washington is a community property state. The surviving spouse already owns their half of community property outright. Under RCW 11.04.015(1)(a), the spouse receives ALL of the decedent’s share of the net community estate. For separate property: if no surviving issue but surviving parents or siblings/their descendants exist, the spouse receives 3/4 of the net separate estate (RCW 11.04.015(1)(c)). If no issue, no parents, and no siblings or their descendants survive, the spouse receives ALL of the net separate estate (RCW 11.04.015(1)(d)). |
| Spouse + shared children | Washington does NOT distinguish between shared children and children from a prior relationship. If any surviving issue exist, the spouse receives ALL of the decedent’s share of the net community estate (RCW 11.04.015(1)(a)) plus 1/2 of the net separate estate (RCW 11.04.015(1)(b)). The children split the remaining 1/2 of the separate estate equally if all are the same degree of kinship, or by representation if of unequal degree (RCW 11.04.015(2)(a)). Children receive nothing from community property under intestacy. |
| Spouse + children from another relationship | Same as shared children — Washington makes no distinction. The spouse receives ALL of the decedent’s community property share plus 1/2 of the net separate estate (RCW 11.04.015(1)(a)–(b)). The decedent’s children (from any relationship) split the remaining 1/2 of the net separate estate (RCW 11.04.015(2)(a)). |
| Children, no spouse | Children inherit the entire estate — both the decedent’s share of community property and all separate property. If all children are of the same degree of kinship, they share equally (per capita). If of unequal degree, more remote descendants take by representation (RCW 11.04.015(2)(a)). |
| No spouse, no children | The estate passes in this order under RCW 11.04.015(2): (1) to the decedent’s parent or parents equally (RCW 11.04.015(2)(b)); (2) if no parents, to the issue of the parents (siblings, and if predeceased, their children by representation) (RCW 11.04.015(2)(c)); (3) if no parents or their issue, to grandparent(s), or if no grandparents survive, to the issue of grandparents (aunts, uncles, cousins) by representation (RCW 11.04.015(2)(d)). |
| No living relatives (escheat) | If no qualifying heir can be found under RCW 11.04.015, the estate escheats to the State of Washington under RCW 11.08.140. This is rare because the statute extends through grandparents and their descendants (cousins). RCW 11.04.095 also provides that inheritance from a stepparent may avoid escheat in certain circumstances. |
These shares come from Washington intestate-succession law (RCW 11.04.015).
How Washington divides shares among descendants: Washington uses a hybrid approach under RCW 11.04.015(2)(a): if all takers are in the same degree of kinship to the decedent, they take equally (per capita at that generation). If takers are of unequal degree, those of more remote degree take by representation (per stirpes). This applies to descendants, siblings’ issue, and grandparents’ issue alike.
Washington homestead and family allowance: Washington does not have a traditional homestead allowance in probate. Instead, it provides a Family Support Award under RCW Chapter 11.54. A surviving spouse, state registered domestic partner, or representative of minor children may petition for a basic award of at least 125000 (inflation-adjusted annually using CPI). This award takes priority over ALL creditor claims against the estate.
Property exempt from attachment under Title 6 RCW (including the homestead) is included in the basic award. The petition must generally be filed within 18 months of death (if probate is opened within 12 months) and before 6 years after the date of death.
Half-blood relatives in Washington: Under RCW 11.04.035, half-blood relatives inherit the same share as whole-blood relatives as a general rule. Exception: if the property came to the decedent by descent, devise, or gift from a specific ancestor, half-blood relatives who are NOT of that ancestor’s bloodline are excluded from inheriting that property (the ancestral property rule). Adopted children of blood relatives are treated as blood relatives for this purpose.
Assets That Pass Outside Washington Intestate Rules
Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), property held in joint tenancy with right of survivorship, community property with right of survivorship agreements, and assets held in a living trust all pass outside Washington’s intestate succession rules and are not governed by RCW 11.04.015. Only assets in the decedent’s probate estate are subject to intestacy.
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Other Washington intestacy rules: (1) Community property: Washington is one of 9 community property states — the surviving spouse already owns their half of community property outright, and intestate rules govern only the decedent’s half of community property plus all separate property. (2) State registered domestic partners are treated identically to spouses throughout RCW 11.04.015.
(3) No dollar thresholds for spouse’s share — unlike some states, Washington uses purely fractional shares (1/2, 3/4, or all of separate property) with no fixed dollar amount plus percentage. (4) No shared-vs-non-shared-children distinction — unlike UPC states, the spouse gets the same fractional share regardless of whether children are also the spouse’s. (5) Stepparent inheritance to avoid escheat (RCW 11.04.095).
(6) The Family Support Award under RCW 11.54 (minimum 125000, inflation-adjusted) supersedes all creditor claims.
What Dying Without a Will in Washington Really Means
When someone dies without a will in Washington, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Washington divides an estate when someone is dying without a will in Washington, and they often surprise people: a spouse may not automatically inherit everything.
Understanding dying without a will in Washington helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Washington depends on how each asset was titled.
You don’t have to do this alone
If you are settling a loved one’s estate in Washington, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
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Official Washington Sources & Resources
- Washington Court Self-Help: https://www.courts.wa.gov/forms/
- Washington Intestate Succession Statute: https://app.leg.wa.gov/rcw/default.aspx?cite=11.04.015
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Washington intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.