Detailed Answer

Basic rule when there is no surviving spouse

When someone dies in Washington without a valid will (intestate), the state’s intestacy rules determine who inherits. If the decedent left children and no surviving spouse, the children inherit the decedent’s probate estate. Washington’s intestacy statutes set out how that property is divided; see the statewide intestacy rules at the Revised Code of Washington, Title 11, chapter 11.04: RCW 11.04.

How shares are allocated among children (representation)

Washington distributes a deceased person’s estate to their children by representation. In practice this means:

• If all children survive the decedent, they generally split the estate equally.
• If a child died before the decedent but left children (the decedent’s grandchildren), those grandchildren take the share their parent would have taken — they step into (represent) their parent’s place and divide that parent’s share among themselves.

Two quick examples

1. Decedent had three living children and no spouse: each child gets one third (1/3) of the probate estate.
2. Decedent had three children: Child A (alive), Child B (predeceased, left two children — Grandchild B1 and B2), Child C (alive). The estate is divided into three equal shares. Child A gets 1/3, Child C gets 1/3, and Grandchildren B1 and B2 split Child B’s 1/3 (each gets 1/6).

Who counts as a “child” under Washington law?

Generally, the following are treated like children for intestate succession:

• Biological children.
• Adopted children (adoption typically severs inheritance rights from biological parents and creates the same inheritance rights as a biological child).
• Certain children born to unmarried parents or recognized by paternity determinations — but proof of parentage may be required before the court will allow inheritance.
• Children born after the parent’s death (posthumous children) and children conceived before the parent’s death but born afterwards may inherit if state rules about birth/conception timing are met.

If parentage is in dispute, a court may require DNA or other evidence before distributing estate shares.

What if the decedent left a surviving spouse?

If a spouse survives, intestate shares depend on whether the property is community property and other factors. A surviving spouse often receives all or part of the estate, and children may share with the spouse. Because the spouse/children interaction changes the division, consult RCW 11.04 for the full rules: RCW 11.04.

Who can be appointed to administer the estate (priority among children)?

Administration means someone (a personal representative or administrator) manages the estate, collects assets, pays debts, and distributes property. In Washington, when there’s no executor named in a will (or no will), the probate court appoints a personal representative. The court follows statutory guidance and practical considerations about who is qualified. See Washington’s probate appointment rules at RCW 11.48.

Practical points about appointment priority:

• Court preference typically goes to the person the law recognizes as the proper nominee — commonly the surviving spouse if one exists.
• If there is no surviving spouse, adult children who are heirs are usually first in line among relatives to petition to be administrator.
• If multiple children want to serve, the court weighs factors such as the children’s ability to manage estate duties, any conflict among heirs, criminal history, creditors’ interests, and convenience. The court may appoint one child, two co-administrators, or another suitable person if the children are not appropriate.
• If no suitable family member volunteers or qualifies, the court can appoint a neutral person, a professional fiduciary, or the public administrator in limited circumstances.

In short: children commonly inherit by equal shares (with representation for predeceased children), and adult children have priority among relatives to serve as administrator if there is no spouse — but the court has discretion and will focus on who is best able to serve the estate’s interests.

Where the law is found

Key Washington statutes and resources:

• Intestate succession rules: Revised Code of Washington, Title 11, chapter 11.04 — RCW 11.04
• Appointment and powers of personal representative: Revised Code of Washington, Title 11, chapter 11.48 — RCW 11.48

Disclaimer: This article explains general Washington law only and is not legal advice. For decisions about a specific estate, consult a licensed Washington probate attorney or the local probate court.

Helpful Hints

• Gather documents before you act: birth certificates, adoption decrees, marriage certificate, death certificate, and any evidence of paternity or parentage.
• If a child predeceased the decedent, locate that child’s birth records and any records showing their children — those grandchildren may have a claim by representation.
• If multiple siblings want to administer an estate, try to reach a written agreement on who will petition the court. Agreement often speeds probate and reduces costs.
• Be aware of timing: probate involves filing petitions with the county probate court. If the estate is small, Washington offers simplified procedures for small estates that can avoid full probate in some cases — check local court rules or consult counsel.
• If paternity is in question, secure legal steps to establish parentage promptly (court order or stipulated paternity) so inheritance rights are clear.
• If you’re unsure how the rules apply to your family (complex blended families, adoptions, or out-of-wedlock children), talk with a probate lawyer — many offer brief initial consultations.