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Detailed answer — what happens under Washington law

This article explains how jointly held bank accounts and jointly owned property are treated when a person dies without a will (intestate) under Washington law. It summarizes the common ownership types, how ownership typically passes after death, and what usually must go through probate.

1. Key ownership categories and how they pass at death

• Joint tenancy with right of survivorship (JTWROS). When property or an account is titled in JTWROS, the surviving joint owner(s) automatically own the decedent’s share by operation of law. That ownership shifts immediately on death and usually avoids probate. The institution (bank or county recorder for real estate) typically requires proof of death (death certificate) and identification before transferring title or paying funds.
• Tenants in common. If property is owned as tenants in common, each owner has a distinct share. A deceased owner’s share becomes part of that person’s estate and is distributed according to intestacy rules (see below) unless a valid beneficiary designation or other nonprobate instrument controls. That share usually requires probate to transfer clear title to heirs.
• Payable-on-death (POD) or “in trust for” bank accounts and beneficiary designations. Many bank accounts and financial accounts let the owner name a payable-on-death (POD) or transfer-on-death beneficiary. The named beneficiary receives the funds outside of probate when the institution verifies the owner’s death and the beneficiary’s identity. The bank follows the account agreement and beneficiary form, so the written designation controls even if there is no will.
• Community property and survivorship forms. Washington is a community-property state. Spouses sometimes own property as community property or as community property with right of survivorship. When community property is titled with a right of survivorship, the surviving spouse takes the entire property automatically. If not, the decedent’s community or separate property interest may pass under intestacy rules and could require probate.
• Transfer-on-death (TOD) real property instruments. Washington law provides mechanisms that let owners transfer real property on death without probate (often called beneficiary deeds or transfer-on-death deeds). Where one of these valid nonprobate instruments exists, the named beneficiary receives the property outside probate, subject to the statute’s formal requirements and recording rules.

2. When does probate apply?

Assets that pass by operation of law (survivorship, POD, beneficiary designations, or properly executed transfer-on-death deeds) generally do not go through probate. Assets titled solely in the deceased person’s name, or assets where the deceased owned an undivided share (as tenant in common), typically form part of the probate estate and must be administered under Washington’s probate statutes.

Washington’s probate and intestate succession rules are in Title 11 of the Revised Code of Washington. For the statute text, see the Washington State Legislature site: RCW Title 11 — Probate and Death and the intestacy provisions at RCW 11.04 — Intestate Succession.

3. How intestacy (dying without a will) affects distribution

If an asset is part of the probate estate because it doesn’t pass automatically by title or contract, Washington’s intestacy rules determine who inherits. Those rules establish priority among possible heirs (surviving spouse, children, parents, siblings, etc.). The specific shares depend on family circumstances and the distinction between community and separate property. See RCW chapter 11.04 for the detailed statutory scheme: RCW 11.04.

4. What banks and registries will usually require

• Certified copy of the death certificate.
• Identification for the surviving joint owner or named beneficiary.
• Account documents showing the account title and any beneficiary or POD language.
• For real property, a recorded deed or other title documents showing survivorship language or a transfer-on-death deed.

5. Common practical scenarios (hypothetical examples)

• Example A — Joint bank account titled JANE DOE and ALEX DOE as JTWROS: If Alex dies, Jane becomes sole owner of the account. The bank will usually pay the funds to Jane after she provides a death certificate and identification.
• Example B — House titled as Mary and Tom as tenants in common (each 50%): If Tom dies without a will, Tom’s 50% interest becomes part of his estate and passes under intestacy to his heirs. Mary does not automatically become sole owner; probate or a buyout/sale is often required to clear title.
• Example C — Savings account owned solely by Pat but with a POD beneficiary named: The named POD beneficiary receives the account balance outside probate after the bank verifies the death and beneficiary identity, even if Pat died intestate.

Helpful hints — practical steps and tips

1. Obtain several certified death certificates early. Institutions almost always require a certified copy.
2. Locate titles, account statements, and beneficiary forms. Check exactly how each account or piece of property is titled (look for phrases like “joint tenant with right of survivorship,” “tenants in common,” “POD,” or “beneficiary”).
3. Call banks, financial institutions, or the county recorder. Ask what documentation they require and whether the account or deed will transfer outside probate.
4. If unsure how property is titled or whether a transfer-on-death deed is valid, consider a title search or consult the county recorder’s office for recorded deeds.
5. If assets will pass through probate, contact the probate clerk in the county where the decedent lived to learn filing requirements and court forms, or consult an estate attorney.
6. Be aware of potential tax, creditor, and family-law implications. Creditors may have claims against the probate estate. Surviving spouses sometimes have special rights under community property rules.
7. If family members disagree about ownership or distribution, seek legal advice promptly to avoid losing rights or missing deadlines for probate filings.