No Will in Washington? What Happens to the House and Who Gets It

If someone passes away in Washington without a will, one of the first questions families ask is:

What happens to the house… and who actually gets it?

This situation is more common than you might think. And while it can feel uncertain, Washington State has a clear process for handling it.

Mary and Stephanie Shumaker are real estate agents in the PNW specializing in waterfront and estates, helping buyers and families around Hood Canal, including Allyn, Union, North Mason, and Kitsap County. Here’s how it works.

First — This Is Called “Intestate”

When someone dies without a will, it’s called intestate.

That simply means:
• The state decides how assets are distributed
• There is no written instruction from the person who passed

So instead of following a will, everything follows Washington law.

Who Gets the House in Washington?

Washington has a set order of inheritance.

If there is a surviving spouse:

Typically:
• The spouse receives all community property
• The spouse may receive all or a portion of separate property, depending on other heirs

If there is no spouse:

Then it usually goes to:
• Children (split equally)

If there are no children:
• Parents
• Then siblings

The key point:
👉 The house doesn’t just “go to one person” automatically
👉 It often ends up being shared between heirs

What Happens If Multiple People Inherit the Home?

This is where things get more complicated.

When multiple heirs inherit:

• Everyone has a legal interest in the property
• Decisions must be made together
• One person cannot sell without agreement (in most cases)

This often leads to one of three outcomes:

1. The home is sold and proceeds are split
2. One heir buys out the others
3. The property is held jointly (less common long-term)

Does the House Still Go Through Probate?

Yes.

If there is no will:
• Probate is almost always required
• The court appoints an administrator (instead of an executor)
• The process may take longer than if a will existed

This is because the court is more involved in decisions.

Can You Still Sell the House?

Yes — but not immediately.

Before selling:

• An administrator must be appointed
• Legal authority must be established
• The estate process must begin

Once that happens:
👉 The home can often be sold during probate
👉 All heirs typically need to be involved or agree

Real Scenario

We’ve worked with families in Kitsap and Mason County where there was no will in place.

In one situation:

• Multiple siblings inherited a waterfront home near Hood Canal
• Not everyone agreed on what to do
• Some wanted to keep it, others wanted to sell

We helped them:
• Understand the process clearly
• Walk through realistic options
• Bring everyone to the same page

They ultimately sold the property and divided the proceeds.

The biggest shift wasn’t the decision — it was getting clarity.

Common Challenges (and Why This Feels Hard)

When there’s no will, things can feel more complicated because:

• There’s no clear direction
• Multiple people may be involved
• Emotions can run high
• The timeline is often longer

This is normal.

The key is getting clear on the process early.

Common Mistakes to Avoid

We see this a lot:

• Assuming one person automatically gets the house
• Trying to make decisions before legal authority is established
• Lack of communication between heirs
• Letting the home sit without maintenance

The process works — but it needs to be handled correctly.

FAQ

What if we can’t agree on what to do with the house?

In some cases, legal options like a partition sale may be required. But most families try to reach agreement first.

How long does this process take?

Usually longer than probate with a will — often 6–12+ months depending on complexity.

Can one person live in the house?

Sometimes, but it depends on agreement between heirs and how the estate is handled.

Do we have to sell the house?

No. But selling is often the simplest solution when multiple heirs are involved.

What to Do Next

If you’re dealing with a home and there’s no will, the best next step is getting a clear understanding of your situation and options.

Mary and Stephanie Shumaker are real estate agents in the PNW specializing in waterfront and estates, helping buyers and families around Hood Canal, including Allyn, Union, North Mason, and Kitsap County.

If you need:
• Help understanding your options
• Guidance on selling or keeping the home
• A clear, step-by-step plan

Visit TheShumakerGroup.com

360.265.3792 | 360.710.9720