How to Handle an Estate When There’s No Will: Your Legal Options in Washington State
Losing a loved one is never easy—and when that person passes away without a will, it can add stress and uncertainty to an already emotional time. You may be wondering who’s in charge, how assets will be distributed, and whether probate is even necessary.
At Pettis Webber Pacific, we help families across Washington State navigate this exact situation. The good news is: there is a legal process in place for estates without a will, and you don’t have to figure it out alone.
What Happens If Someone Dies Without a Will in Washington?
When a person dies without a valid will, it’s called dying “intestate.” This means that the Washington State intestacy laws will determine how their assets are distributed.
Contrary to popular belief, the state doesn’t “take everything.” Instead, Washington has a legal order of inheritance that prioritizes the closest relatives.
Who Inherits the Estate?
How the assets get divided will depend on whether the asset is community property or separate property. The main difference is whether you built the assets with your spouse, or you had the assets before a marriage or inherited it along the way. Here’s a general breakdown of how Washington law distributes assets when there’s no will:
- If there is a spouse (or registered domestic partner) and no children, parents, siblings, or their descendants → the spouse inherits everything, community property and separate property.
- If there is a spouse and children → the spouse and children share the estate, but how it’s divided depends on where the assets came from, how they are owned, and whether the children are from the current marriage or a previous one. The spouse will get all of the community property and the separate property will be shared.
- If there is no spouse but surviving children → the children inherit the estate equally.
- If there are no children or spouse → the estate passes to parents, then siblings, then nieces and nephews, in that order.
Keep in mind: stepchildren, unmarried partners, and close friends are not legally entitled to inherit unless they are named in a valid will, or there are some other unique circumstances.
Who Takes Charge of the Estate?
When there’s no will naming an executor (also called a personal representative), someone must petition the court to be appointed as the administrator of the estate. This person is typically a family member. Washington has an order of priority among family members starting with who is closest to you. Ultimately it’s up to the court to approve who will serve.
This person will be responsible for:
- Gathering and valuing assets
- Notifying creditors and paying debts
- Filing any necessary tax returns
- Distributing assets according to Washington’s intestacy laws
Is Probate Required?
Probably—most estates without a will will go through probate, the legal process of settling an estate through the court. However, some smaller estates may qualify for a simplified process in Washington called the Small Estate Affidavit, if the total estate value is below a certain threshold (currently $100,000).
What If There’s a Dispute?
Not having a will can sometimes lead to family disagreements, especially in blended families or situations where the deceased’s wishes weren’t clearly documented. This is why it’s so important to work with an experienced probate attorney who can guide the process, reduce conflict, and ensure the law is followed properly.
Moving Forward With Support
Handling an estate without a will can feel overwhelming—but you don’t have to figure it out on your own.
At Pettis Webber Pacific, we’re here to guide you through the probate process with clarity and compassion. Whether you need help being appointed as administrator, navigating Washington’s inheritance laws, or managing the distribution of assets, our team is ready to help.
📞 Contact us today to schedule a consultation and take the next right step with confidence.