Elevated Estate Planning, P.S. | March 20, 2026 | Wills
Creating a will is one of the most important steps you can take to ensure your wishes are honored after your death. Unfortunately, many people pass away without a valid estate plan in place.
If you die without a will, Washington’s intestate succession laws will determine who receives your assets, who may administer your estate, and how certain property is distributed.
Testate vs. Intestate Succession in Washington
When someone dies testate, it means they left behind a valid will. The will identifies beneficiaries, directs how their assets should be distributed, and typically names a personal representative (executor) to administer the estate.
By contrast, a person dies intestate if they pass away without a valid will. In these situations, Washington law determines how the person’s estate is distributed. The probate court will appoint a personal representative, and the estate will be divided among surviving relatives according to the state’s intestacy statutes.
How Washington Distributes Property if You Die Intestate
Washington’s intestate succession laws prioritize certain family members and assume distributions based on what the average person might decide in such situations. The exact distribution depends on who survives the deceased.
For example:
- If a married person dies with children, the surviving spouse typically receives all community property and one-half of the deceased spouse’s separate property, while the remaining separate property passes to the children.
- If there is no surviving spouse, the estate usually passes to the deceased person’s children.
- If there are no children, the estate may pass to parents, siblings, or other relatives.
Since these rules are based on general assumptions rather than an individual’s specific wishes, they may or may not match your wishes for distributing your property.
Issues With Intestate Succession
Dying without a will can create several significant challenges for families. They include:
- Distribution may not reflect your wishes: Intestate succession laws rely on a standard formula to determine who receives assets, which may not match how you intended to divide your property.
- Some loved ones may not inherit: People who fall outside the categories recognized by law may receive nothing. Stepchildren, unmarried partners, and close friends typically do not inherit under intestacy laws.
- Disagreements among family members: Without a will to clarify a person’s intentions, relatives may disagree about how property should be divided or who should serve as the estate’s personal representative.
These disagreements can slow down the probate process, increase legal expenses, and create long-lasting conflict among family members. A clear estate plan can often help prevent these disputes.
Property That May Pass According to Survivorship Rules or Beneficiary Designations
Not all property is governed by intestate succession laws. Certain assets pass directly to beneficiaries or co-owners regardless of whether a will exists.
Examples of assets that may transfer automatically include:
- Jointly owned property with right of survivorship
- Life insurance policies with named beneficiaries
- Retirement accounts such as IRAs or 401(k)s
- Payable-on-death or transfer-on-death bank accounts
These assets typically transfer directly to the designated beneficiary or surviving owner without going through probate. However, any property that does not have a beneficiary designation or survivorship character will be distributed according to Washington’s intestate succession rules.
Contact Elevated Estate Planning, P.S., To Speak With a Spokane Estate Planning Lawyer About Drafting a Will
Dying without a will can leave important decisions about your estate in the hands of the law rather than your own judgment. A properly drafted will allows you to control how your property is distributed. Working with an experienced Spokane estate planning attorney can help ensure your wishes are clearly documented and enforceable.
Our lawyers can help you create a will and develop an estate plan tailored to your goals.
For more information, please contact Elevated Estate Planning, P.S. to schedule a free consultation. We have four convenient locations in Washington, including Spokane, Kennewick, and Yakima.
Elevated Estate Planning, P.S. Spokane
9507 N Division St # B, Spokane, WA 99218
(509) 328-2150
Elevated Estate Planning, P.S. Kennewick
6855 W Clearwater Ave A103, Kennewick, WA 99336
(509) 328-2150
Elevated Estate Planning, P.S. Yakima
1115 W Lincoln Ave Suite 109, Yakima, WA 98902
(509) 328-2150