WA state guide
Washington estate risk overview
This guide explains how estate outcomes work in Washingtonwhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
Washington intestacy allocates all of the decedent's share of community property to the spouse or domestic partner and divides separate property based on surviving issue or parents.
- The surviving spouse or domestic partner receives all of the decedent's share of community property.
- Separate property: the spouse receives one-half if the decedent has issue, three-fourths if there are no issue but parents or their issue survive, or all if there are no issue or parents.
- Any remainder passes to issue by representation, then parents, then siblings or other relatives in statutory order.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Probate process
Washington allows a small estate affidavit for personal property when the probate estate is below a statutory cap and no probate is pending.
- At least 40 days must pass after death before using the affidavit.
- The probate estate, net of liens and encumbrances, must not exceed $100,000.
- No personal representative can be pending or appointed in any jurisdiction, and debts must be paid or provided for.
- The affidavit is presented to the property holder to obtain transfer without court appointment.
Estate and inheritance tax exposure
Washington imposes an estate tax with a filing threshold/exclusion amount that is indexed and updated annually.
- For decedents dying in 2026, the filing threshold and exclusion amount are $3,076,000.
- For decedents dying July 1, 2025 through December 31, 2025, the exclusion amount is $3,000,000.
- Estate tax rates for deaths on or after July 1, 2025 range from 10% to 35%.
- State estate tax thresholds are separate from the federal exemption and can be lower; confirm current exclusion and filing requirements.
Guardianship for minors
Washington courts may appoint guardians for minors when it is in the child's best interest and parents consent, have had rights terminated, or are unable to parent.
- A guardian is appointed only by court order when the appointment is in the minor's best interest.
- The court must appoint a parent-nominated guardian in a will or other record unless contrary to the minor's best interest.
- If no parent nominee is appointed, the court must appoint a nominee chosen by a minor age 12 or older unless contrary to best interests.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Courts rely on best-interest findings when appointing a guardian.
Risk areas
Explore estate risk dimensions in Washington
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Washington
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Missing state estate tax thresholds and filing rules.
Who is most exposed
Higher default risk in Washington
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
- Higher-net-worth estates near state tax thresholds.
Next: explore planning options in Washington
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.