What Happens If There's No Will in Washington State?

Dying Without a Will: What "Intestate" Means

When a person dies without a valid will, they are said to have died intestate. Washington State does not leave asset distribution to chance or family agreement — instead, the law steps in with a predetermined formula that dictates who inherits what. This formula is found in RCW 11.04.015, Washington's intestate succession statute.

Contrary to a common misconception, dying without a will does not mean the state takes the estate. The state only inherits (called "escheat") if there are absolutely no living relatives — a rare outcome. In virtually all cases, a surviving spouse, children, parents, or more distant relatives will inherit according to the statutory order.

What intestate succession does mean is that the decedent's personal wishes — perhaps leaving something to a close friend, a charity, or a specific family member — have no legal force. The statute controls.

Community Property: The Surviving Spouse's Share

Washington is one of nine community property states, and this distinction matters enormously in intestate cases. Under Washington law, most assets acquired by either spouse during the marriage are community property — owned 50/50 by both spouses regardless of whose name is on the account or title.

When a spouse dies intestate, the surviving spouse automatically receives the entire community property interest. The decedent's half of community property passes to the surviving spouse — even if there are children from the marriage or from a prior relationship.

This is a critical point: in a community property marriage, the surviving spouse is often far better protected under Washington's intestacy laws than they would be in a common-law state.

Separate Property Distribution Under RCW 11.04.015

Separate property is a different matter. In Washington, separate property includes assets owned before the marriage, gifts received by one spouse individually, and inheritances received during the marriage. When a decedent dies intestate, separate property is distributed according to a priority hierarchy:

1. Surviving spouse and surviving children (or their descendants): The surviving spouse receives one-half of the separate property, and the other half is divided equally among the children. If a child has predeceased the decedent but left their own children (the decedent's grandchildren), those grandchildren share their parent's portion by representation.
2. Surviving spouse only (no children or descendants): The entire separate property estate goes to the surviving spouse.
3. Children only (no surviving spouse): The estate is divided equally among surviving children, with deceased children's shares passing to their own descendants.
4. Parents: If there is no surviving spouse and no surviving children or their descendants, the estate passes to the decedent's parents equally, or entirely to one parent if the other is also deceased.
5. Siblings and their descendants: If no parents survive, the estate passes to siblings in equal shares, with deceased siblings' shares going to their children.
6. More distant relatives: The statute continues through grandparents, aunts and uncles, and cousins before reaching escheat to the state.

Who Becomes the Administrator — and How They're Appointed

When there is a will, the person named as executor petitions the court for appointment. Without a will, the person managing the estate is called an administrator (not an executor), and Washington law sets a priority order for who may petition to serve.

Under RCW 11.28.120, the priority order for appointment as administrator is:

1. The surviving spouse or domestic partner
2. Children of the decedent
3. Grandchildren
4. Parents of the decedent
5. Siblings of the decedent
6. Other next of kin
7. Creditors of the estate (after 40 days)
8. Any competent person appointed by the court

If the highest-priority person declines or is disqualified, the next person in line may petition. Multiple people at the same priority level — such as two adult children — can petition jointly, or one can ask the others to sign a written consent to their appointment.

Letters of Administration vs. Letters Testamentary

Once the court appoints the personal representative, it issues official authorization for them to act on behalf of the estate. The terminology differs depending on whether a will existed:

• Letters Testamentary are issued when the decedent left a valid will and the court is probating it. The document confirms the named executor's authority.
• Letters of Administration are issued in intestate cases. They carry exactly the same legal weight and practical function as Letters Testamentary — the difference is purely in naming.

Either document authorizes the personal representative to access bank accounts, manage investments, transfer or sell real estate, pay debts, and ultimately distribute the estate. Financial institutions and title companies will accept Letters of Administration the same way they accept Letters Testamentary.

Does Intestate Probate Still Go Through Court?

Yes — in most cases. If the estate qualifies for Washington's small estate affidavit procedure (personal property under $100,000, no real estate, 40-day wait), heirs may be able to collect assets without opening a formal probate case. But if there is real estate, if the estate value exceeds $100,000, or if financial institutions require court-issued authorization, a formal probate case must be opened at the Superior Court in the county where the decedent resided.

The process mirrors testate (with-will) probate almost exactly: file a petition, receive Letters of Administration, publish a Notice to Creditors, file an Inventory, pay valid claims, and petition for distribution. The court simply substitutes the statutory distribution scheme for a will's directives.

More Washington State Probate Guides

• Small Estate Affidavit vs. Full Probate — Which Path Do You Need?
• How Long Does Probate Take in Washington State?
• Do You Need a Lawyer to File Probate in Washington State?
• Washington State Probate Court Forms: A Complete List