The Cost of Doing Nothing: What Happens If You Die Without a Plan in Washington State
Why Every Adult Needs an Estate Plan—No Matter Their Age or Wealth
Many people delay estate planning, thinking, “I’ll get to it later.” But in our experience at Pettis Webber Pacific, “later” often turns into never—and the consequences of dying (or even living but incapacitated) without a plan can be both costly and emotionally difficult for the people left behind.
If you pass away without a valid will, trust, or other legal instructions in place, you don’t just leave behind your assets—you leave behind confusion, court involvement, and potential conflict.
Here’s what really happens when there’s no plan in place—and how you can prevent your loved ones from facing that burden.
What Does It Mean to Die “Intestate”?
If you die without a will or trust, the State of Washington considers your estate “intestate.” That means the government—not you—decides:
- Who inherits your assets
- Who’s in charge of settling your estate
- How your children or dependents are cared for (if they’re minors)
- Whether your family must go through probate—a public, court-supervised process
In short: you lose control, and your family may pay the price—financially, legally, and emotionally.
Here’s What Happens in Washington State Without a Plan:
🏛 Your Estate Goes Through Probate
Without a will or trust, your estate will almost always go through Washington State probate—a process that can take months, sometimes over a year. It can involve court fees, legal filings, and public notice, often during an already difficult time for your loved ones.
👥 The Court Chooses Your Personal Representative
If you haven’t named an executor (personal representative), the court will appoint someone—possibly a family member, but not always the person you would have chosen. This can create conflict or delays, especially in blended families or strained relationships.
🏠 The State Decides Who Inherits What
Washington has intestacy laws that dictate who receives your property. Typically, this follows a set order:
- Spouse or registered domestic partner (but they might have to share the assets with children if there is separate property)
- Children
- Parents
- Siblings
- Nieces and nephews
Unmarried partners, stepchildren, or close friends will not inherit anything unless they are legally named in a will or trust.
👶 Guardianship for Minor Children Is Unclear
If you have young children and haven’t legally named a guardian, the court will decide who cares for them. That decision could take time and may not align with your values or your children’s best interests. And, there could be a fight among the family over who wants to be the guardian that the court will have to resolve.
The Emotional and Financial Toll on Families
We’ve seen families torn apart by lack of clarity. Disagreements over “what mom would’ve wanted” or “who gets what” can lead to legal battles, permanent rifts, and thousands of dollars in avoidable costs.
Dying without a plan doesn’t just impact finances—it creates stress, uncertainty, and conflict at a time when your loved ones should be focused on healing and honoring your life.
What You Can Do Instead
✅ Create a Will or Trust: Put your wishes in writing so your loved ones aren’t left to guess.
✅ Name Guardians for minor children and trusted individuals to manage your estate.
✅ Review and Update Your Plan regularly—especially after life changes like marriage, retirement, or the birth of a child.
✅ Work with an Estate Planning Attorney: DIY options leave too much room for error. A customized, legally sound plan is one of the greatest gifts you can leave your family.
Ready to Take the First Step?
Estate planning isn’t about how much you have—it’s about protecting yourself and the people you love. Whether you’re starting from scratch or updating an old plan, we’re here to help.
📞 Contact Pettis Webber Pacific today to schedule a conversation and start building a plan that brings peace of mind—not problems.