Estate planning isn’t just for the wealthy — it’s for anyone who wants a say in what happens after they’re gone.
If you live in Washington State and don’t have a will, you’re not alone. Studies consistently show that the majority of Americans haven’t gotten around to drafting one. But “getting around to it” is exactly the problem — because if you die without a will in Washington, the state makes those decisions for you. And the state’s plan may look nothing like yours.
Here’s what you need to know.
What Happens If You Die Without a Will in Washington?
When someone dies without a will, they die “intestate.” Washington’s intestacy laws (RCW 11.04) then determine who gets what — based on a rigid formula, not your relationships, your wishes, or your family’s actual needs.Under Washington’s intestacy rules:
If you’re married with children from that marriage, your spouse and children split your separate property. Your spouse gets all community property.
If you have children from a prior relationship, your current spouse may receive far less than you intended — and your children from that relationship may receive more, or less, depending on the circumstances.
If you’re unmarried with no children, your assets pass to your parents, then siblings, then more distant relatives — potentially people you haven’t spoken to in years.
If you have no qualifying relatives, your estate escheats to the State of Washington.Notice who’s missing from that list: your long-term partner if you’re not legally married, your stepchildren, your best friend, your favorite charity. Washington’s intestacy law doesn’t know about the relationships that actually matter to you.
Five Reasons You Need a Will in Washington State
1. You Decide Who Gets What
A will lets you direct your assets — your home, your savings, your car, your personal belongings — to exactly the people and organizations you choose. Without one, a formula decides. With one, you do.
This matters especially in blended families. Washington’s intestacy rules can produce outcomes that pit a surviving spouse against children from a prior relationship, or leave a stepchild you raised from infancy with nothing. A well-drafted will eliminates that ambiguity.
2. You Protect Your Children
If you have minor children, a will is arguably the most important document you’ll ever sign — because it’s where you nominate a guardian.
Washington courts give significant weight to a parent’s written guardian nomination under RCW 11.130.070. Without a will, no nomination exists, and the court decides entirely on its own who raises your children. That could mean a relative you wouldn’t have chosen, or a contested proceeding between family members who each believe they know best.
A will also lets you set up a trust for minor children, controlling when and how they receive their inheritance — rather than having an 18-year-old suddenly receive a lump sum with no strings attached.
3. You Choose Your Executor
An executor (called a “personal representative” in Washington) is the person who administers your estate — paying debts, filing taxes, distributing assets, and dealing with the court. It’s a real job.
Without a will, Washington law determines who has priority to serve as your personal representative (RCW 11.28.120). That person may not be who you’d choose. With a will, you appoint someone you trust, and you can grant them “nonintervention powers” — which significantly reduces court oversight and speeds up the process.
4. You Spare Your Family an Expensive, Painful Process
Dying without a will doesn’t avoid probate — it often makes probate more complicated and more expensive. Without clear instructions, disputes arise. Family members disagree. Courts get involved. Legal fees accumulate.
A clear, properly executed will is one of the most considerate things you can leave behind. It reduces the burden on the people who are already grieving.
5. Washington Is a Community Property State — That Makes Planning More Important, Not Less
Washington is one of only nine community property states. That means most assets acquired during marriage are owned equally by both spouses — regardless of whose name is on the account.
This can create confusion at death. What’s community property? What’s separate? Who gets what share? A will, ideally coordinated with beneficiary designations on retirement accounts and life insurance, creates a clear, coherent plan that prevents these questions from becoming conflicts.
Common Myths That Stop People from Getting a Will
“I don’t have enough assets to need one.” A will isn’t just about money. It’s about who raises your children, who makes decisions, and who gets your grandmother’s ring. Even modest estates benefit from clear direction.
“My spouse will automatically get everything.” Not necessarily. In Washington, separate property and community property are treated differently, and children — including children from prior relationships — have inheritance rights that can complicate what your spouse receives.
“I’m too young to worry about this.” Young adults with children, a mortgage, or a partner especially need a will. Unexpected deaths happen, and the intestacy laws were not written with your specific family in mind.
“It’s too expensive and complicated.” A basic will in Washington can be drafted affordably, especially for straightforward situations. The cost of dying without one — in legal fees, family conflict, and lost time — almost always exceeds the cost of having one.
A Will Is Just the Beginning
A will covers your probate estate — the assets that go through the court process. But many assets pass outside of probate entirely: retirement accounts, life insurance, jointly held property, and payable-on-death accounts all transfer via beneficiary designations, not your will.
A complete Washington estate plan typically includes a will, updated beneficiary designations, a durable power of attorney, and a healthcare directive. Together, these documents ensure your wishes are honored not just at death, but during any period of incapacity before it.
Take the Next Step
If you don’t have a will, the best time to get one is before you need it. In Washington State, a licensed estate planning attorney can draft a will tailored to your family, your assets, and your wishes — often in a single appointment.
The state has a plan for your estate. The question is whether you do.
This post is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a licensed Washington State estate planning attorney.