Inheritance Attorney in Tacoma

Intestate Succession in Washington: Who Inherits Without a Will

Under RCW 11.04.015, when a Washington resident dies without a will, the surviving spouse or state-registered domestic partner inherits all of the decedent’s share of the community estate. Separate property follows a different path: the surviving spouse receives one-half of the net separate estate if children survive, three-quarters if no children but a parent or sibling survives, and the entire separate estate if none of those relatives exist.

Without a surviving spouse, assets pass first to children, then to parents, then to siblings, then to grandparents and their descendants. An heir must survive the decedent by at least 120 hours to inherit under RCW 11.05A.020. Half-relatives generally inherit the same share as whole relatives, with a narrow exception for property inherited from ancestors. If no eligible heirs exist, the estate may escheat to Washington State under RCW 11.08.140. The outcome of dying without a will can differ significantly from what the decedent would have chosen.

Probate Assets vs. Non-Probate Assets in Washington

Understanding which assets go through probate and which don’t helps clarify where legal assistance is most needed.

Assets That Go Through Probate

Probate assets include real estate held solely in the decedent’s name, personal property, financial accounts without a named beneficiary, and life insurance where the estate itself is named as beneficiary. These assets are controlled by the decedent’s will or, absent a will, by Washington’s intestate succession rules.

Assets That Pass Outside Probate

Non-probate assets transfer automatically. Jointly owned property with right of survivorship, accounts with payable-on-death or transfer-on-death designations, life insurance with a named living beneficiary, assets held in a living trust, and property covered by a community property agreement between spouses all pass outside court proceedings. Washington probate conducted with nonintervention powers commonly closes within six months to one year.

Inheritance Disputes & Will Contests in Washington

Grounds for contesting a will in Washington include lack of testamentary capacity, undue influence, fraud, forgery, or failure to satisfy Washington’s execution requirements. Disputes don’t always involve the will itself. Beneficiaries and heirs may have grounds to challenge a personal representative who mismanages estate assets, fails to fulfill fiduciary duties, or delays distribution without cause.

These conflicts take many forms: disputes between siblings, between a surviving spouse and children from a prior relationship, or between family members and beneficiaries named outside the family. Washington law gives interested parties the right to petition Pierce County Superior Court to remove a personal representative or compel an accounting of estate assets.

Timing matters. Probate proceedings move on court-set schedules, and delays in asserting rights can limit available remedies. If you’re involved in an inheritance dispute, early counsel can protect your position. McCarthy Law Office, PLLC handles will litigation, estate litigation, probate litigation, and trust litigation.