Do I Need a Will in Washington State?

What Happens If You Die Without a Will in Washington?

Dying without a will is called dying “intestate.” When that happens, Washington’s intestacy statutes — found in RCW Title 11 — take over. The court appoints an administrator, and your property passes according to a rigid legal formula based on your family structure at the time of death.

Here is how that formula generally works:

• If you are married with children only from that marriage, your spouse typically inherits your community property and a share of your separate property, with the remainder going to your children.
• If you have children from a prior relationship, the split between your spouse and those children can produce results that surprise — and sometimes devastate — families.
• If you are unmarried but in a long-term partnership, your partner likely receives nothing under intestacy, regardless of how many years you shared a life.
• If you have minor children and no will, a judge selects their guardian. That judge has never met your family.

In our experience handling estate matters in Spokane County, blended families and unmarried couples face the sharpest consequences from intestacy. A will is the one document that lets you override that default formula entirely.

Who Especially Needs a Will in Washington?

While almost every adult benefits from having a will, certain situations make the need urgent:

• Parents of minor children. Your will is where you name a guardian — the person who will raise your kids if both parents are gone. Courts take this nomination seriously. Without it, the decision is entirely out of your hands.
• Blended families. If you have children from more than one relationship, intestacy rules can unintentionally cut out a spouse or leave stepchildren with nothing.
• Unmarried partners. Washington does not recognize common-law marriage. Without a will (and ideally other planning documents), a longtime partner has no automatic inheritance rights.
• Small business owners. What happens to your ownership interest, your clients, your employees? A will — combined with a buy-sell agreement — can answer those questions before a crisis forces them.
• Anyone with specific wishes. Want a particular person to get your house, your truck, or your grandmother’s jewelry? Only a will makes that legally enforceable.

What Can a Will Actually Do for You?

A validly executed Washington will lets you:

• Name the specific people or organizations who inherit your property
• Appoint a personal representative (what many states call an executor) to manage and close your estate
• Nominate a guardian for your minor children
• Set up a simple testamentary trust to hold assets for children until they reach an age you choose
• Specify funeral and burial wishes, which takes pressure off grieving family members

A will does not control assets that pass by beneficiary designation — like life insurance policies, IRAs, and accounts with a payable-on-death designation — or property held in joint tenancy. Those assets follow their own rules, which is why a complete estate plan looks at all of these pieces together.

Does a Will Avoid Probate in Washington?

Not automatically. In Washington, estates that exceed a certain asset threshold may go through probate in Superior Court regardless of whether there is a will. Spokane County Superior Court handles these proceedings locally. However, Washington’s probate process is generally considered less burdensome than in many other states, and a well-drafted will with a named personal representative makes the process significantly smoother and less expensive.

If avoiding probate entirely is a priority — common for people with real estate in multiple states, larger estates, or a desire for privacy — a revocable living trust may be worth discussing alongside your will. Our Spokane estate planning attorneys can walk you through both options and help you decide what structure fits your situation.

What Makes a Will Valid in Washington?

Washington law sets out specific requirements for a will to be legally valid. At minimum, a written will must be signed by you and witnessed by at least two competent adults who are not beneficiaries under the will. Holographic wills — entirely handwritten and signed by you, with no witnesses — are also recognized under Washington law, but they create real risks: ambiguous language, missing provisions, and challenges from heirs who believe they were overlooked.

In our experience, DIY wills and online templates often fail in exactly the situations they are most needed — blended families, business interests, or estates with any complexity. A small investment in a properly drafted will prevents much larger legal fees down the road.

How Much Does a Will Cost in Spokane?

Attorney fees for a basic will in Spokane are generally modest, especially compared to the cost of a contested probate or a guardianship proceeding. More comprehensive planning — including a durable power of attorney, a healthcare directive, and potentially a trust — costs more but provides substantially greater protection. The right answer depends on your assets, your family situation, and your goals. We encourage people to have that conversation before assuming it is out of reach.

When Should You Update Your Will?

A will is not a set-it-and-forget-it document. You should review yours after any major life event:

• Marriage, divorce, or remarriage
• Birth or adoption of a child or grandchild
• Death of a named beneficiary or personal representative
• Significant change in assets or acquisition of real property
• Moving to Washington from another state
• Changes in your wishes about guardianship or inheritance

Washington law does automatically revoke certain provisions upon divorce, but it does not rewrite your entire will for you. Regular reviews — every three to five years at minimum — keep your documents aligned with your life.

Key takeaways

• Without a will, Washington's intestacy laws decide who inherits your property — that formula may not match your wishes at all.
• Parents of minor children need a will to nominate a guardian; without one, a judge who doesn't know your family makes that call.
• Unmarried partners have no automatic inheritance rights in Washington — a will is essential to protect them.
• A Washington will must meet specific legal requirements; handwritten DIY wills carry real risk of failure when it matters most.
• A will does not automatically avoid probate, but it makes the process significantly smoother and less costly.

Frequently asked questions

Helpful resources

• RCW Title 11 — Washington Probate and Trust Law (app.leg.wa.gov)
• Washington Courts — Probate Information (courts.wa.gov)
• Spokane County Superior Court

By Isaac Smith, Estate Planning Attorney · June 21, 2026 · Reviewed by the attorneys at Schwab Law, P.L.L.C.