WA risk area
Intestacy risk in Washington
How assets are distributed when there is no will and state default rules control the outcome.
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.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in Washington
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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.
Sources
- https://app.leg.wa.gov/rcw/default.aspx?cite=11.04.015
- https://app.leg.wa.gov/RCW/default.aspx?cite=11.04.250
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Washington.