Many people assume their assets will “just go” to the right people when they pass away — but that’s not always the case. In Washington State, if you die without a will (also known as dying intestate), the law determines who receives your property. Understanding that default distribution plan can help you decide whether you’re comfortable leaving things as they are — or if you want to create an estate plan to take control.

How Washington State Distributes Your Property Without a Will

When someone dies without a will, Washington follows a clear order of inheritance set out by law. Here’s how it works:

1. If You’re Married

• Community property: All community property (assets acquired during the marriage) goes to your spouse.

• Separate property: Property you owned before marriage, or received as a gift or inheritance, is split — half goes to your spouse, and the other half goes to the next eligible heirs.

2. If You Have Children

If you have children, they inherit the portion of your separate property that doesn’t go to your spouse. If you’re not married but have children, they inherit everything.

3. If You Don’t Have a Spouse or Children

If you have no spouse and no children, your property goes to your parents.

4. If You Have No Spouse, Children, or Parents

In that case, your siblings inherit everything.

5. If None of the Above Exist

The law keeps working its way down your family tree — to nieces, nephews, grandparents, and more distant relatives — until an eligible heir is found.

And importantly: your property almost never goes to the government. It will nearly always end up with a family member, even if they’re distant relatives you may not have a relationship with.

Why This Matters

For some people, this legal distribution order works just fine. But for most of us, it doesn’t reflect what we actually want. Maybe you want to:

• Leave specific assets to certain family members.

• Support a friend or charitable organization.

• Exclude someone who would otherwise inherit under the default rules.

If any of those apply to you, you’ll need an estate plan — typically a will or trust — to make sure your wishes are carried out.

Without one, Washington State’s intestacy laws will decide for you.

The Bottom Line

If you’re comfortable with the state’s default inheritance order, you might not need to make any changes. But if you’d prefer to have a say in where your assets go — whether to loved ones, friends, or charities — creating an estate plan gives you that control.

Either way, understanding the rules helps you make an informed decision.

Need help building an estate plan that fits your goals? Visit cmslawfirm.com to schedule a consultation. And if you found this helpful, follow for more straightforward estate planning tips.