Wash. Rev. Code » Title 11 · Chapter 11.04
Revised Code of Washington

Wash. Rev. Code § 11.04.250 (2026)

✓ current as of May 2026
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When a person dies seized of lands, tenements or hereditaments, or any right thereto or entitled to any interest therein in fee or for the life of another, his or her title shall vest immediately in his or her heirs or devisees, subject to his or her debts, family allowance, expenses of administration, and any other charges for which such real estate is liable under existing laws. No administration of the estate of such decedent, and no decree of distribution or other finding or order of any court shall be necessary in any case to vest such title in the heirs or devisees, but the same shall vest in the heirs or devisees instantly upon the death of such decedent: PROVIDED, That no person shall be deemed a devisee until the will has been probated. The title and right to possession of such lands, tenements, or hereditaments so vested in such heirs or devisees, together with the rents, issues, and profits thereof, shall be good and valid against all persons claiming adversely to the claims of any such heirs, or devisees, excepting only the personal representative when appointed, and persons lawfully claiming under such personal representative; and any one or more of such heirs or devisees, or their grantees, jointly or severally, may sue for and recover their respective shares or interests in any such lands, tenements, or hereditaments and the rents, issues, and profits thereof, whether letters testamentary or of administration be granted or not, from any person except the personal representative and those lawfully claiming under such personal representative.
[ 2010 c 8 s 2005; 1965 c 145 s 11.04.250. Prior: 1895 c 105 s 1; RRS s 1366.]

Notes:

Right to possession and management of estate: RCW 11.48.020.
Notes of Decisions
Cited in 42 cases (4 in the last 5 years), 1952–2026 · leading case: In Re Est. of Niehenke, 818 P.2d 1324 (Wash. 1991).
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In Re Est. of Niehenke, 818 P.2d 1324 (Wash. 1991). · cites it 6× “The estate first argues that the ownership of the farm did not vest in any devisee at the time of the testator's death pursuant to RCW 11.04.250, which relates to the vesting of real estate.”
Jones v. Jones, 152 Wash. 2d 1 (Wash. 2004). “We also find that Russell breached his fiduciary duty by failing to use the fair market value of the house during distribution and by failing to pay rent, utilities, property taxes, and insurance while residing in the house.”
In Re Est. of Jones, 93 P.3d 147 (Wash. 2004). “We also find that Russell breached his fiduciary duty by failing to use the fair market value of the house during distribution and by failing to pay rent, utilities, property taxes, and insurance while residing in the house.”
In re the Est. of Haviland, 301 P.3d 31 (Wash. 2013). · cites it 2× “See RCW 11.04.250. Thus, prior to probate, Ms.”
City of Bellevue v. Cashier's Check for $51,000 & $1,130 in U.S. Currency, 855 P.2d 330 (Wash. Ct. App. 1993). · cites it 3× “A Does the Claimant Qualify as an Owner for Purposes of Asserting the Innocent Owner Defense? RCW 11.04.250 provides that a devisee's title to real property vests immediately upon the death of the grantor, subject to the debts of the estate, family allowance, expenses of…”
In re the Est. of Baird, 933 P.2d 1031 (Wash. 1997). · cites it 2× “2d 536 (1970); RCW 11.04.250 and RCW 11.04.290 (vesting of property under descent and distribution chapter).”
Farver v. Dep't of Ret. Sys., 644 P.2d 1149 (Wash. 1982). “The net estate of a person dying intestate, or that portion thereof with respect to which the person shall have died intestate, shall descend subject to the provisions of RCW 11.04.250 and RCW 11.02.070, and shall be distributed as follows: "(2) Shares of others than surviving…”
Egelhoff v. Egelhoff, 139 Wash. 2d 557 (Wash. 1999). “The net estate of a person dying intestate, or that portion thereof with respect to which the person shall have died intestate, shall descend subject to the provisions of RCW 11.04.250 and 11.02.070, and shall be distributed as follows: “(2) Shares of others than surviving…”
In Re Est. of Storer, 544 P.2d 95 (Wash. Ct. App. 1975). · cites it 4× “Dodson and Eldon Storer; and (3) the nunc pro time decree served to divest otherwise vested interests held by the heirs of the deceased pursuant to RCW 11.04.250 3 and RCW 11.04.290. 4 At the time of Eldon Storer’s death, his heirs consisted of his mother and his “spouse” Anna.”
In Re Est. of Egelhoff, 989 P.2d 80 (Wash. 1999). “The net estate of a person dying intestate, or that portion thereof with respect to which the person shall have died intestate, shall descend subject to the provisions of RCW 11.04.250 and 11.02.070, and shall be distributed as follows: ".”
In Re Henderson's Est., 281 P.2d 857 (Wash. 1955). · cites it 2× “108, the court said: “The real property and the right to the rents, issues, and profits thereof vested in Dorothy Fredden, at the instant of the death of Mrs.”
Dep't of Soc. & Health Servs. v. Olver, 904 P.2d 301 (Wash. Ct. App. 1995). · cites it 2× “[16] RCW 11.04.250; In re Estate of Wiltermood, 78 Wash.”
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