One of the most common misconceptions I hear during estate planning consultations is this:
“If I don’t make an estate plan, the government will take all my assets.”

Let me clear this up right away—that’s not how it works.

What Really Happens If You Die Without an Estate Plan

If you pass away without a will, trust, or other estate planning documents, there are state laws—called intestacy laws—that determine who inherits your property.

Here’s the general order of distribution:

1. Spouse – If you’re married, your spouse typically inherits everything.
2. Children – If there’s no spouse, your children inherit your assets.
3. Parents – If you have no spouse or children, your parents are next in line.
4. Extended family – If your parents are no longer living, your estate passes to siblings, nieces and nephews, grandparents, and so on.

When the Government Actually Gets Your Assets

For your estate to go to the government—known as escheat—you would have to die without any living relatives whatsoever. That means no spouse, no kids, no parents, no siblings, no cousins—nothing. Only then would the state take ownership of your property.

In reality, this scenario is extremely rare.

Why You Still Need an Estate Plan

While the fear of the government taking your assets is mostly unfounded, there are still compelling reasons to create an estate plan:

• Control: You decide exactly who gets what.
• Efficiency: Avoid unnecessary delays and costs in probate.
• Protection: Set conditions for how your beneficiaries can use their inheritance.
• Peace of Mind: Ensure your wishes—not state default rules—dictate the outcome.

Estate planning isn’t about keeping your property away from the government—it’s about making sure your wishes are honored and your loved ones are protected.

The Bottom Line

Don’t worry about the government swooping in to take your assets. Focus instead on how you want your property handled and who you want to benefit. That’s what a good estate plan accomplishes.

If you’re ready to take control of your estate, let’s talk. At CMS Law Firm, we help Washington families protect their assets and plan for the future—without the confusion or fear.