Washington — Surviving Spouse Rights When a Spouse Dies Intestate and the Family Cuts You Out

Detailed Answer

Short summary: Under Washington law you usually have strong rights as a surviving spouse when your spouse dies without a will. You commonly have priority to control the probate process, to inherit either community property or a large portion of the estate under the state’s intestate succession rules, and to make decisions about a spouse’s final disposition. If the decedent’s family is trying to cut you out, you can ask the probate court to recognize your legal rights and to appoint you (or your chosen representative) to administer the estate.

How Washington determines who inherits when there is no will

Washington follows a statutory intestate succession system. That system determines who inherits when someone dies without a will. The governing rules appear in Washington’s probate statutes (Title 11 RCW). See the intestacy chapter for the full rules: RCW chapter 11.04 (Intestate succession).

Two key points matter for most surviving spouses:

• Washington is a community property state. Property acquired during the marriage is generally community property belonging to both spouses equally, so the surviving spouse owns their half of community property immediately on death. See RCW chapter 26.16 (community and marital property rules).
• The deceased spouse’s separate property (property owned by the deceased before marriage or received by gift or inheritance in their name alone) passes under the intestacy rules. The surviving spouse will inherit under RCW 11.04 according to whether the deceased left children, parents, or other relatives.

Practical inheritance outcomes (high-level)

What the surviving spouse actually gets depends on the family situation. Common scenarios include:

• If the deceased had no surviving children or parents, the surviving spouse typically inherits the entire intestate estate.
• If the deceased had children who are also children of the surviving spouse, the spouse often inherits the entire estate (because community property and the spouse’s share of separate property combine).
• If the deceased had children from another relationship, the spouse’s share of the deceased’s separate property can be smaller. Exact shares depend on the facts and the statute.

For exact numeric shares in your situation, the probate statutes set the rules: RCW 11.04.

Right to control the probate and to be appointed personal representative

If someone dies intestate, the court appoints a personal representative (executor/administrator) to open probate, collect assets, pay debts, and distribute the estate. Washington law gives priority to close family members when appointing a personal representative. A surviving spouse ordinarily has first priority to be appointed unless the spouse is disqualified or has waived the right. See the appointment rules: RCW 11.48.010.

If family members try to exclude you, you can file a petition with the appropriate county probate court to be appointed personal representative. Once appointed, you gain the legal authority to manage probate and to require family members to account for and turn over estate property.

Immediate rights about funeral and disposition

Washington law sets an order of priority for who may control the disposition of a body. A spouse generally has primary authority to decide funeral arrangements and disposition unless the spouse abdicated that right. See the statute on order of priority for disposition decisions: RCW 68.50.160.

Common problems when family “cut you out” and your remedies

• Family interferes with funeral plans: Remind them you likely have statutory priority. If they persist, ask the court for an order enforcing your authority under RCW 68.50.160.
• Family controls bank accounts or property and refuses to provide information: If an estate/probate case is open, the personal representative can demand accountings and recover estate property. If there is no probate yet, you can open probate and ask the court for protective orders to preserve assets.
• Family tries to appoint a different administrator: File first or file a petition asking the court to appoint you, explaining why you should have priority. If they are already appointed improperly, you can petition the court to remove a personal representative for cause.
• Family threatens or uses force to exclude you: Preserve safety, call law enforcement if necessary, and tell your attorney or the court. The court can issue protective orders or temporary emergency relief in some cases.

Steps you should consider now

1. Collect documents: marriage certificate, spouse’s identification, bank statements, deeds, titles, insurance policies, beneficiary designations, and any communications from family members.
2. Check beneficiary designations and joint accounts: Life insurance, retirement accounts, and accounts with payable-on-death or joint ownership may pass outside probate. If your name is on accounts jointly, those accounts may be accessible to you immediately.
3. Open probate (intestate administration): File a petition in the county where your spouse lived to open an intestate estate and ask to be appointed personal representative. The statute on probate appointments is at RCW 11.48.010.
4. If someone blocks access to a funeral or belongings, consider an emergency court motion to enforce disposition rights (see RCW 68.50.160).
5. Consider asking the court to freeze estate assets or to require an accounting if you suspect assets are being misapplied.

When probate may not be needed

Small estates, property held jointly with rights of survivorship, and assets with beneficiary designations may pass outside probate. Washington has simplified procedures for small estates; check the probate rules or ask a lawyer if you qualify.

What to expect at the courthouse

When you file for appointment as personal representative, the court will require basic paperwork and often a small fee. The court will notify potential heirs and may set a hearing. If someone objects, the court decides based on statutory priorities and the parties’ evidence.

When to get a lawyer

If family members actively exclude you, if assets are at risk, or if the estate has complex assets or creditors, talk to a probate attorney. A lawyer can prepare petitions, represent you at hearings, and seek emergency court orders if needed.

Helpful Hints

• Act quickly. Priority and control questions often depend on who files first with the probate court.
• Keep written records of any interference by family members, including texts, emails, or witness statements.
• Secure original documents (marriage certificate, deeds, titles) as soon as possible and make copies.
• Look for designated beneficiaries (life insurance, IRAs, 401(k)s) — those often bypass probate.
• If you cannot afford an attorney, contact your county’s court clerk or local legal aid organization about free or low-cost probate assistance.
• Do not transfer estate property to yourself or others without court approval once probate is required — that can create liability.
• If safety becomes an issue because of family threats or harassment, involve law enforcement immediately and tell the court at your first filing.