What Happens If Someone Passes Away Without an Estate Plan in Washington? 

Estate planning is essential to ensure that your assets are distributed according to your wishes. In Washington, if someone passes away without a will or trust, their estate is distributed according to state intestacy laws, which may not align with their preferences. Understanding what happens in this scenario can help you take the necessary steps to protect your legacy. 

Washington’s Intestacy Laws 

When a person dies without an estate plan (a will or trust), Washington law determines how their assets are distributed. The probate court will follow RCW 11.04.015, which prioritizes heirs in a specific order: 

If the deceased was married:  

• The surviving spouse receives all community property and a portion of separate property, with the remainder going to children, parents, or siblings. 

If there are children but no spouse:

• Assets are divided equally among the children. 

If there are no children or spouse:

• Assets go to parents, then siblings, then more distant relatives. 

If no heirs can be found:

• The estate escheats to the State of Washington, meaning the government takes ownership of the assets. 

Without an estate plan, you lose control over who inherits your assets, and your loved ones may face delays and legal expenses as the court distributes your estate. 

What About Power of Attorney? 

A power of attorney is only effective while a person is alive. If someone becomes incapacitated without a POA in place, their loved ones must petition the court for guardianship to manage financial and healthcare decisions—a time-consuming and costly process. 

How a Will or Trust Can Help 

By having a will or trust, you can: 

• Ensure assets are distributed according to your wishes. 

• Designate a trusted executor or trustee to manage your estate. 

• Avoid unnecessary legal disputes among family members. 

• Reduce delays and expenses in probate court. 

Plan Ahead to Protect Your Loved Ones 

If you do not have an estate plan, now is the time to take action. A will, trust, and power of attorney ensure that your assets and decisions are handled according to your wishes, not the state’s default laws. Contact Gravis Law today to discuss your estate planning options and secure your future.