Disclaimer

This is general information about Washington state law and is not legal advice. I am not a lawyer. For help about a specific estate or disputes, talk to a licensed Washington probate attorney.

Detailed Answer

When someone dies without a valid will in Washington, their property passes under the state’s intestacy rules (see Chapter 11.04 RCW). The exact distribution depends on who survives the decedent (spouse, children, parents, siblings, etc.) and on whether property is community property, separate property, or passes outside probate.

1. Figure out what property is subject to intestate distribution

• Assets that pass outside probate do not get divided by intestacy. These include property owned jointly with right of survivorship, assets with named beneficiaries (life insurance, retirement accounts, payable‑on‑death bank accounts), and assets held in a trust.
• Property owned solely in the decedent’s name (without beneficiary designations or joint tenancy) typically must go through probate or a simplified small‑estate procedure and will be distributed under RCW Chapter 11.04.

2. Who inherits under Washington intestacy law

Washington’s intestacy rules (Chapter 11.04 RCW) prioritize a surviving spouse and descendants. If there is no spouse or descendants, the estate passes to other relatives in a prescribed order (parents, siblings, more remote relatives). To read the statute text, see RCW Chapter 11.04 (Descent and distribution).

3. Determine whether you can use a simplified small‑estate process

Washington provides expedited or simplified procedures for small estates and for certain kinds of personal property so heirs can avoid formal probate in some cases. See RCW Chapter 11.62 for statutory provisions on simplified procedures and affidavits for small estates. If the estate qualifies, you or another heir can present an affidavit to holders of bank accounts, vehicles, or other personal property to receive the decedent’s property.

4. Opening a probate case and appointment of a personal representative

If simplified procedures do not apply, someone (often the nearest heir or a likely beneficiary) must file a petition in superior court in the county where the decedent lived to open probate. The court will appoint a personal representative (often called an executor or administrator) who collects assets, pays valid debts and taxes, files inventories and reports, and distributes the remaining property to heirs according to RCW Chapter 11.04. The Washington Courts website has probate forms and procedural information here: Washington Courts — Probate forms.

5. Proving your relationship and your claim

• To claim a share you must prove you are an heir: typically a birth certificate, the decedent’s death certificate, marriage certificate (if relevant), and other identity documents.
• If multiple heirs exist, the personal representative distributes assets according to the intestacy rules, subject to court supervision. If you disagree with the distribution, you can object in the probate case or seek mediation or litigation.

6. Creditor claims, timelines, and final distribution

The estate must pay valid creditor claims before distributing assets. Washington law sets procedures and deadlines for presenting creditor claims in a probate estate and for handling creditor notices — the personal representative is responsible for complying with those rules. After creditors and expenses are paid, the representative asks the court to approve final distribution to the heirs.

7. What to do if someone resists or there’s a dispute

If an heir or beneficiary refuses to cooperate, if the estate inventory omits assets, or if there are questions about whether property was properly transferred outside probate, you can:

• file objections or motions in the probate case;
• request accounting and discovery from the personal representative;
• seek temporary court orders to preserve assets;
• consult a probate attorney to evaluate remedies including removal of a personal representative for misconduct.

Key Washington statutes and resources

• Descent and distribution (intestate succession): RCW Chapter 11.04
• Simplified and small estate procedures: RCW Chapter 11.62
• Washington Courts — probate forms and general probate information: https://www.courts.wa.gov/forms/

Helpful Hints

• Collect key documents early: death certificate, the decedent’s ID, marriage and birth certificates, deeds, bank statements, retirement account info, insurance policies, and any trust documents.
• Check for beneficiary designations and joint ownership before assuming an asset is in probate.
• Contact the county superior court clerk in the county where the decedent lived for local probate filing procedures and costs.
• If the estate looks small, ask whether a small‑estate affidavit or other simplified process can avoid formal probate (see RCW Chapter 11.62).
• Keep good records: note all communications with banks, the personal representative, and other heirs.
• Be cautious about transferring or selling assets until a personal representative is appointed or the court authorizes distribution; unauthorized transfers can create liability.
• If there’s conflict, consider mediation before escalating to court — it can save time and money.
• When in doubt, consult a Washington probate attorney for a short call or consultation to understand options and deadlines specific to your situation.