WA risk areas
Washington estate risk areas
These pages explain how default state rules in Washington shape inheritance, probate, guardianship, taxes, and complexity. Start with the risk area that matches your biggest concern.
How to use this guide
- Read the risk summaries to understand default outcomes.
- Open a risk guide for state-specific details and sources.
- Use this as education, not legal advice.
Intestacy risk
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.
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Probate risk
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.
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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%.
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Guardianship risk
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.
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Complexity triggers
Washington’s community property rules and statutory allowances can shift what passes to the surviving spouse and children.
- Property acquired during marriage is presumed community property unless it falls within statutory exceptions.
- A homestead allowance, exempt property, and family allowance can be awarded to the surviving spouse or minor children.
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