Updated September 4, 2026. Quick answer: in Washington, dying without a will does not mean the state keeps the estate; it means Washington’s intestacy statute (RCW 11.04.015) decides who gets it, and the surviving spouse usually does not take everything. The single most common misunderstanding on this page: a stepchild or a child from an earlier relationship can cut the spouse’s share sharply below what most people assume.
What this guide covers
Who inherits from Washington residents who die without a will is set by statute, not custom: RCW 11.04.015 and the sections around it. It governs only the probate estate: what is left after retirement accounts and life insurance with a living named beneficiary, payable-on-death accounts, property in joint tenancy with survivorship, and anything already in a funded trust have already passed outside it. This page covers the spouse’s share, who inherits if there is no spouse, and the rules that can change the answer: half-blood relatives, community property.
The spouse’s share
When the spouse takes everything: Spouse/partner takes the ENTIRE net separate estate only if no surviving issue, no surviving parent, and no surviving issue of a parent. Separately, the spouse ALWAYS receives all of the decedent’s share of the net COMMUNITY estate regardless of who else survives; combined with the spouse’s own pre-existing half, this means 100% of community property passes to the surviving spouse in every case.
When it is less than everything: With surviving issue: ‘All of the decedent’s share of the net community estate; and One-half of the net separate estate.’ With no surviving issue but a surviving parent or issue of a parent: ‘Three-quarters of the net separate estate’ plus all community estate. Washington does NOT distinguish mutual vs. blended-family descendants; the fraction depends only on whether issue or a parent survives.
(a) All of the decedent’s share of the net community estate; and (b) One-half of the net separate estate if the intestate is survived by issue; or (c) Three-quarters of the net separate estate if there is no surviving issue, but the intestate is survived by one or more of his or her parents…; or (d) All of the net separate estate, if there is no surviving issue nor parent nor issue of parent.
Source: RCW 11.04.015
If a DIY will fits your situation in Washington
In Washington, a surviving spouse can end up sharing the estate with a stepchild or a child from an earlier relationship under the default rules above; a will is what lets you decide that instead of the statute. LawDepot builds a state-specific last will and testament.
LawDepot pays us a commission if you buy through this link; it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
Who inherits if there is no spouse
issue by representation -> surviving parent(s) -> issue of parents (siblings/descendants) -> grandparents, half maternal/half paternal -> issue of grandparents as two groups, by representation within each.
Rules that change the outcome
Half-blood relatives: Full share generally, with a narrow ancestral-property exception (RCW 11.04.035): half-blood excluded only from property that itself descended from a particular ancestor’s bloodline.
Community property: Washington is a community-property state, and the community-property rule here is unconditional: the surviving spouse always receives the decedent’s entire share of the net community estate, regardless of who else survives (RCW 11.04.015(1)(a)). Combined with the spouse’s own pre-existing half, that means 100% of community property passes to the surviving spouse on intestacy in every case.
What a will changes
A will does not just skip the statute above; it lets you choose who gets Washington property that the intestacy rules would send somewhere else: a spouse who would otherwise share the estate with a stepchild, a partner who is not married and inherits nothing under intestacy at all, or specific people the statute’s ladder never reaches. It also lets you name an executor rather than leaving the court to appoint one. What it does not change: assets that already pass outside probate: a will has no effect on a beneficiary designation, a payable-on-death account, or property held in joint tenancy.
General information drawn from state intestate-succession statutes, not legal advice. Who inherits without a will is STATE law and differs in every state; the spouse’s share, the order of inheritance, and how half-blood and community-property rules apply all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.