Important Terms for a Washington State Will
- Executor: an individual who administers the terms of the will.
- Beneficiary: an individual, trust, or charity that receives
- Probate Assets: any assets that are subject to probate under Washington State law, including real estate, bank accounts, and personal belongings
- Non-Probate Asset: any assets that are not subject to probate under Washington State law, including life insurance policies, retirement accounts, and jointly owned property.
- Tangible Personal Property: Tangible personal property refers to physical items such as furniture, jewelry, golf clubs, and artwork.
- Specific Requests: any asset that is specifically stated to go to an individual. Specific requests are distributed first (after liabilities and administrative fees of the estate are satisfied).
- Residue: everything left in the estate after the Specific Requests have been distributed.
- Non-Probate Assets: any assets
- Martialing Assets: fancy way of saying identifying and preparing for distribution.
How do I write a will in Washington?
Writing a will in Washington State is an important step in managing your estate and ensuring your wishes are honored. To start, clearly outline your assets, designate beneficiaries, choose an executor, and specify guardians for minors if applicable. For comprehensive guidance, consider consulting Washington State's official resources ↗ or seeking advice from a legal professional specializing in estate planning. Additionally, the Washington State Bar Association has a simple and helpful brochure about writing a will in Washington State ↗.
What are the legal requirements for a will in Washington?
In Washington, the legal requirements for a will include the testator being at least 18 years old and of sound mind. The will must be in writing, signed by the testator, and witnessed by at least two individuals who are present at the same time and observe the testator’s signing. Refer to the Revised Code of Washington (RCW 11.12.020) ↗ for detailed requirements.
Can I make a DIY will in Washington, and is it valid?
Yes, you can create a DIY will in Washington, and it can be valid if it meets all legal requirements. However, given the complexities of estate laws and the risk of errors, it's advisable to use reputable resources or consult with an attorney. For more on DIY wills, check out Nolo's DIY Will ↗ resources.
Who should I select as the Executor of my will?
The executor should be a trustworthy individual with the ability to carry out the terms of the will. They should be organized, responsible, and capable of handling administrative tasks. It's important to choose someone who will act in the best interests of the estate and its beneficiaries. It is OK (and common) to designate a beneficiary as executor. For redundancy, you should designate a secondary executor as well.
Consider consulting with a legal professional to ensure the chosen executor is suitable for the role and fully understands their responsibilities.
Who can I select as the Executor of my will?
Washington Requirements for an Executor of a Will
- Can be an individual,
- 18 years old or older.
- Not: of unsound mind, a convicted felon or an individual convicted of any crime involving moral turpitude.
- Not: a non-Washington resident (it is ok to have a non-Washington resident serve as Executor if they appoint a Washington agent see details in the RCW below).
- Can be a law firm, a trust company
- Cannot be Corporation, LLC, partnership.
- Some non-profits - see details in RCW.
Visit Revised Code of Washington RCW 11.36.010 ↗ for the complete list of requirements.
Who can witness a will in Washington State?
Witnesses to a will in Washington State must be at least 18 years old and not have a direct interest in the will. It's recommended to choose witnesses who are not beneficiaries to avoid potential conflicts. More details can be found in the RCW 11.12.020.
Do I need to get my will notarized in Washington state?
No. But if you and your witnesses do sign before a notary, then your will becomes "self proving" and that can speed up the probate process. See https://www.nolo.com/legal-encyclopedia/washington-make-will-31675.html ↗
How often should I update my will in Washington?
Your will should be reviewed and potentially updated every 3-5 years or after major life events, such as marriage, divorce, birth of a child, or significant changes in assets. Staying current ensures your will reflects your wishes accurately. For updating tips, see the guide from Washington Wills at https://wa-wills.com/legal-library/modifying-a-will/ ↗.
Do digital wills hold up in Washington courts?
Yes. As of January 1, 2022, the Uniform Electronic Wills Act (UEWA) a will can be digitally created. There is no need to print it as long as specific rules are satisfied.
- Text of Washington Senate Bill 5132 - including UEWA https://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Session Laws/Senate/5132.SL.pdf?q=20210514114546 ↗
- Summary of the Bill: https://www.nationalnotary.org/knowledge-center/news/law-updates/wa-senate-bill-5132 ↗
More details to follow here. If you have used a service that you can recommend for providing e-wills in Washington State, send me an email using the send icon at the top of the page.
What happens if I die without a will in Washington?
Dying without a will in Washington means your estate will be distributed according to state intestacy laws. The Basic Washington State intestacy laws are that your assets will be distributed to your closest relatives in a predetermined order, and this predetermined order that is a bit complicated: https://apps.leg.wa.gov/rcw/default.aspx?cite=11.04.015 ↗
The Washington State intestacy laws might not align with your wishes, emphasizing the importance of having a will.
How can I contest a will in Washington State?
A will can be contested in Washington if you believe there was undue influence, fraud, or if the testator lacked mental capacity. Contests must be filed in probate court within four months. For details of contesting a will, visit Washington Wills ↗.
Are handwritten wills legal in Washington?
Yes, handwritten (holographic) wills are legal in Washington if they meet specific requirements, including being entirely in the testator's handwriting and signed by the testator. However, they are generally not recommended due to potential ambiguity and legal challenges.
How do I include a charitable donation in my will in Washington?
To include a charitable donation in your will, specify the amount or asset and the charity's full name and address. Ensure the charity is correctly identified to prevent any confusion. Consulting with an estate planning attorney can ensure your charitable intentions are clearly articulated and legally sound.
Beyond Estate Planning
Washington State's Office of the Attorney General has compiled a helpful set of resources they refer to as "Dealing with Death. ↗" This website includes information on funerals and organ donation.
Let's Talk
For further assistance in crafting your will or if you're considering estate planning services, consider scheduling a 30-minute consultation ↗ to explore your options and ensure your estate planning needs are comprehensively addressed. Or you can click on the question mark in the top navigation and submit your question anonymously.
