Here's a hard truth: the State of Washington doesn't want your stuff when you die. Really, it doesn't. The law goes out of its way to try to keep your estate in the family. So, what happens if you don't have a will?
Without a will, Washington's intestacy laws run the show. And the law is relentless about finding a relative—any relative. If you pass away without a valid estate plan, your estate could go on an heir hunt worthy of a detective novel. First stop? Parents. No parents? Then siblings. No siblings? Then nieces, nephews, cousins, aunts, uncles, grandparents. And if necessary, they'll keep going down the family tree until they dig up that twice-removed cousin you've never heard of.
And here's the kicker: if the state can't find anyone in your family tree, then and only then does your estate "escheat"—a fancy legal word meaning it goes to the State. But that's the absolute last resort. Washington will bend over backwards to get your assets into the hands of a blood relative before letting your partner have them.
Here's where things get tricky:
If you're not legally married and you don't have a will, your partner isn't on that list of heirs. At all. They don't even get honorable mention. Which means the love of your life could get skipped entirely while your estate is boxed up for a relative you've never met.
And it's not just partners who are excluded. The law also won't leave your estate to your best friend's kids (even if you've been "Auntie" or "Uncle" their whole life), or to the friends you consider closer than family. To the law, those bonds don't count unless you've put them in writing.
Only when the heir search comes up completely empty—no cousins, no long-lost family tree branches, nobody—does your estate go to the State. Think of it as the estate version of a lost-and-found: if nobody claims it, the State keeps it. But that's the last resort, not the first.
The takeaway:
The State doesn't want your stuff. But it definitely doesn't want your partner—or your chosen family—to have it unless you've made it official in a will or trust. Don't leave your estate up to an heir scavenger hunt. Plan ahead, so your legacy goes where you want it to.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
