What the rule says
Washington's intestacy framework, Wash. Rev. Code § 11.04.015, reflects Washington's status as a community property state. The formula treats community property and separate property differently:
Community property
The surviving spouse automatically takes the decedent's one-half interest in community property — meaning the spouse ends up with 100% of the community property. The community property does not pass through intestacy in the traditional sense; it consolidates with the surviving spouse's existing community half.
Separate property
The decedent's separate property is distributed by the intestacy formula:
- Spouse and any descendants survive: The surviving spouse takes one-half of the separate property. The descendants take the other half by representation. This formula does NOT distinguish between mutual and prior-relationship descendants — unlike Florida, Virginia, NJ, and many UPC states. - Spouse but no descendants, with parents surviving: The surviving spouse takes three-quarters of the separate property. The parents take the remaining one-quarter. - Spouse but no descendants and no parents: The surviving spouse takes the entire separate property. - Descendants but no spouse: The descendants take the entire estate by representation.
Community vs. separate property characterization
The community/separate distinction drives outcomes:
- Community property: Property acquired by either spouse during marriage with community funds or labor, while domiciled in a community property state. Examples: wages earned during marriage, investments purchased with community funds, real estate purchased during marriage with community funds. - Separate property: Property acquired before marriage; property acquired during marriage by gift or inheritance; property acquired with separate property funds; property characterized as separate by written agreement.
For a married Washington resident with substantial assets accumulated during marriage, most property is typically community property. The separate property portion subject to intestacy may be limited to pre-marriage acquisitions, inheritances received during marriage, and gifts to that spouse alone.
What this means in practice
- A WA resident dies without a will, leaving a surviving spouse and one mutual child. Estate is $400,000 community property. Spouse takes all $400,000. - A WA resident dies without a will, leaving a surviving spouse, one child from a prior relationship, and $200,000 of separate property (pre-marriage assets). Spouse takes $100,000 of separate property (1/2). Child from prior relationship takes $100,000. - A WA resident dies without a will, leaving a surviving spouse and any descendants, with $300,000 community property and $200,000 separate property. Spouse takes $300,000 community property + $100,000 separate property (1/2) = $400,000. Descendants take $100,000.
The WA framework produces relatively spouse-favorable outcomes overall because community property — which is typically the majority of married couples' property — passes entirely to the surviving spouse.
What you can do about it
A valid Washington will gives complete control over distribution:
- WA will requirements (Wash. Rev. Code § 11.12.020). A will must be in writing, signed by the testator, and witnessed by two competent witnesses. - WA does not generally recognize holographic wills (with limited exceptions for service members). - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Community property agreement. Covered separately as WA's distinctive rule. CPAs convert all property to community property and direct automatic transfer to the surviving spouse, eliminating much of the intestacy analysis.
Who this affects most
WA intestacy is most consequential for:
- Married WA residents with significant separate property (pre-marriage assets, inheritances) - Blended families where the formula does not distinguish between mutual and prior-relationship descendants - WA residents who relocated from non-community-property states with substantial separate property accumulated before relocation - Estate planners coordinating WA's community property regime with intestate distribution
Washington's framework reflects the community property regime — the surviving spouse is the natural recipient of community property, and intestacy primarily addresses the separate property portion.