How to Make a Valid Will in Washington State

Why Every Washington Resident Needs a Will

Planning for the future is one of the most thoughtful things you can do for the people you love. Yet a significant number of Americans — roughly 68% — do not have a will in place. For Washington State residents, this gap in planning can lead to serious legal complications and unintended consequences for surviving family members.

A will is a formal legal document that lays out your directions for the distribution of your assets following your passing. It gives you the power to decide who inherits your property, who raises your minor children, and who manages the settlement of your estate. Without one, state law takes over — and the results may not reflect your wishes at all.

This guide explains Washington's specific legal requirements for creating a valid will, what happens if you die without one, and the key steps you can take to protect your legacy. This article is for general educational purposes only and does not constitute legal advice. Please consult a qualified Washington estate planning attorney for guidance specific to your situation.

Washington State Will Requirements: What the Law Requires

Washington's will laws are found in Chapter 11.12 of the Revised Code of Washington (RCW). To be legally enforceable, your will must meet all of the following requirements:

• In writing: Any valid will in Washington must be in writing to be legally enforceable. Verbal agreements about asset distribution carry no legal weight in most cases.
• Minimum age of 18: You must be at least 18 years old to create a will in Washington.
• Sound mind (testamentary capacity): You must be of sound mind when drafting the document — meaning you understand what property you own, who will receive it, and how your assets will be divided.
• Signed by the testator: The person making the will (called the "testator") must sign it.
• Two witnesses: A testator must sign in the presence of at least two witnesses, and those witnesses must sign the will via declaration or in front of a public notary.

Importantly, if any of these rules are not met, the court may not honor the will during probate, which could result in your assets being distributed differently than you intended.

Does a Will Need to Be Notarized in Washington?

Washington law does not require a will to be notarized in order to be valid. However, having witnesses sign an affidavit or declaration under penalty of perjury makes the will "self-proving," which can streamline the probate process significantly.

Who Should Witness Your Will?

It is best to have only "disinterested" witnesses — people who will not inherit from you — sign your will. Washington law presumes that any gift made to an interested witness was made under duress, menace, fraud, or undue influence, which could put part of your will at risk of being challenged.

Are Handwritten (Holographic) Wills Valid in Washington?

Washington State does not recognize holographic (entirely handwritten and unwitnessed) wills. Any will, regardless of whether it is handwritten or typed, must still meet all of the formal requirements outlined above — including the two-witness rule.

What About Oral Wills?

Washington State does not allow oral (nuncupative) wills except in very limited circumstances. This type of will is only permitted for members of the armed forces of the United States, a merchant marine, or a person disposing of $1,000 or less of personal property. Even then, oral wills can only dispose of personal property — not real estate.

What Can a Will Do for You in Washington?

A well-drafted will gives you control over several critical decisions that affect your family's future, including:

• Deciding who inherits your property: You choose which individuals, charities, or organizations receive your assets — not the state.
• Naming an executor: You select a trusted person (called a "personal representative" in Washington) to manage and administer your estate through the probate process.
• Appointing a guardian for minor children: If you have children under 18, your will is the primary place to name a guardian to care for them if both parents pass away.
• Reducing family conflict: Clear written instructions reduce the risk of disputes among loved ones over how your estate should be divided.

Washington Is a Community Property State: Why It Matters for Your Will

Washington is one of only nine community property states in the U.S. This means that, generally speaking, all assets acquired during a marriage are considered to be owned equally by both spouses. When one spouse dies, their one-half share of community property is what is subject to testamentary disposition — meaning the surviving spouse already owns their own half outright.

This distinction has major implications for estate planning. Separate property — assets owned before marriage or received as individual gifts or inheritance during the marriage — is treated differently and may require probate depending on its type and value. Understanding the difference between community property and separate property is an essential part of drafting a comprehensive will in Washington.

What Happens If You Die Without a Will in Washington?

In Washington State, dying without a will means your estate will be distributed according to intestate succession laws, codified in the Revised Code of Washington (RCW) 11.04. These laws establish a default hierarchy for asset distribution, prioritizing the closest family members — but the outcome may not match your actual wishes.

How Washington's Intestate Succession Laws Work

If you die without a valid will, what your family receives depends heavily on your family structure. Here is a general overview of how Washington's intestate succession law distributes assets when a spouse or domestic partner survives:

• All of the deceased person's share of the community estate goes to the surviving spouse or domestic partner.
• Half of the net separate estate goes to the surviving spouse if the deceased has surviving children or grandchildren.
• Three-quarters of the separate estate goes to the surviving spouse if there are no children but there are surviving parents or siblings.
• All of the separate estate goes to the surviving spouse if there are no children, parents, or siblings.

When there is no surviving spouse, assets pass to children, then grandchildren, then parents, then siblings and their descendants, and so on through an established chain of relatives.

The Risks of Dying Without a Will

Relying on intestate succession rather than a written will can create serious problems for the people you leave behind, including:

• Unintended heirs: Your assets may go to individuals you never intended to receive them, while those you wished to support — such as a close friend, a stepchild, or an unmarried partner — may receive nothing. Stepchildren, unmarried partners, and close friends typically do not inherit under Washington's intestacy laws.
• Family disputes: Without clear instructions, relatives may disagree about how property should be divided or who should serve as the estate's personal representative, leading to costly and emotionally draining legal proceedings.
• Mandatory probate: For estates valued over $100,000 in personal property — which applies to many Washington homeowners given the state's high real estate values — probate is generally required without a will or other non-probate transfers. Probate is time-consuming, can be expensive, and the records become part of the public record.
• No guardian named for your children: Without a will, a court — not you — decides who will raise your minor children.

Understanding the Probate Process in Washington

When a person dies with a valid will, the probate process in Washington begins with filing the will in the superior court of the county where the deceased person lived. The court then issues a document called "letters testamentary" to the named executor, providing legal authority to collect and manage estate property.

The executor's primary responsibilities include:

• Gathering and inventorying all estate assets, including real estate, bank accounts, investments, and personal property.
• Paying all outstanding debts, creditor claims, and applicable taxes — including Washington's estate tax — before distributing assets to heirs.
• Distributing the remaining assets to beneficiaries as directed by the will.
• Filing a final accounting with the court and petitioning to close the estate once all duties are fulfilled.

Washington's probate process is generally considered relatively straightforward compared to many other states. Under RCW 11.44.015, the personal representative's inventory does not need to be filed with the court unless an interested party specifically requests it, which can simplify administration. However, smaller estates may qualify for a simplified process — or even a small estate affidavit — to avoid full probate entirely.

Key Steps to Creating a Valid Will in Washington

If you are ready to get started with your estate planning, here is a practical overview of the steps involved in creating a valid will in Washington State:

1. Inventory your assets. Identify all of your property — real estate, bank accounts, investments, personal belongings, retirement accounts, and life insurance policies.
2. Choose your beneficiaries. Decide who will inherit each asset or category of assets, including any specific bequests to individuals, charities, or organizations.
3. Name an executor (personal representative). Choose someone you trust to manage your estate through probate. This person should be organized, reliable, and ideally located in Washington.
4. Name a guardian for minor children. If you have children under 18, designate a guardian in your will.
5. Put it in writing. Draft your will in written form, clearly expressing your intentions.
6. Sign in front of two disinterested witnesses. Ensure both witnesses are present at the time of signing and that they also sign the will or an accompanying affidavit.
7. Store your will safely. Keep the original in a secure location — such as a fireproof safe or with your attorney — and inform your executor where to find it.

When to Update Your Will

A will is not a "set it and forget it" document. Major life events often signal the need to revisit and revise your estate plan. Consider updating your will after:

• Marriage, divorce, or the death of a spouse
• The birth or adoption of a child or grandchild
• Significant changes in your assets or financial situation
• A change in your relationship with a named beneficiary or executor
• Moving to or from Washington State
• Changes in Washington State estate or probate law

Speak With a Washington Estate Planning Attorney

Creating a valid, comprehensive will is one of the most important steps you can take to protect your family and preserve your legacy. While Washington law does not require you to work with an attorney to draft a will, the complexities of community property, probate, beneficiary designations, and tax considerations make professional guidance strongly advisable.

At Leeds Law Firm, our experienced estate planning attorneys are here to help Washington residents navigate the will drafting process with confidence. Whether you are creating your first will, updating an existing plan, or planning for a complex estate, we provide clear, personalized guidance tailored to your unique situation.

Contact Leeds Law Firm today to schedule a consultation and take the first step toward securing your family's future.