How To Make a Will in Washington
Step-By-Step Guide for creating a Last Will and Testament In Washington
Introduction: What is a Will?
A will is a legal document that outlines how your assets and property will be distributed after your passing. It also allows you to make essential decisions, such as appointing guardians for minor children to ensure their care and well-being. Without a will, the state of Washington will determine how your estate is divided, which might not reflect your personal wishes. By creating a will, you retain control over these critical decisions, providing clarity and protection for your loved ones.
Laws for Creating a Will in Washington
When making a will in Washington, you must adhere to specific legal requirements. Failing to meet these criteria could result in your will being invalid, causing complications during probate. Below are the key legal requirements for creating a Will in Washington:
You must be at least 18 years old.
You must be of sound mind.
This means you understand the nature of your assets, the act of creating a will, and the people you want to include as beneficiaries.
Your Will must be in written document. Oral Wills are not recognized under state law.
The Will must be signed by the testator (person making the Will), and must be signed by two competent witnesses who are present at the same time the testator signs.
Washington does not recognized unsigned handwritten wills, however it does recognize handwritten wills that are propertly signed and witnessed.
Notarization is not required to make a Will valid in Washington. However, a Will can be made “self-proving” by including a notarized affidavit from the testator and witnesses.
By following Washington’s will laws, you can ensure your estate is distributed according to your wishes. If your will doesn’t meet these legal requirements, it could be contested or ruled invalid, leaving your estate’s distribution up to the court.
Step-by-Step:
How to Draft Your Will in Washington
1. Choose an Executor
Your executor is responsible for managing your estate, ensuring your will is followed, and handling key tasks like distributing assets, settling debts, and completing the necessary legal procedures.
When choosing an executor, select someone reliable, organized, and trustworthy. They should be capable of managing financial and legal responsibilities. Common choices include family members, close friends, or professional advisors.
To ensure continuity, it’s wise to name a backup executor. This provides a safeguard in case your primary executor is unable to serve.
2. Name a Guardian for Minor Children
If you have minor children (or plan to), naming a guardian ensures they are cared for according to your wishes. This guardian will make key decisions about their education, healthcare, and upbringing.
While naming a guardian is optional, naming a guardian is crucial. Without one, the court may decide who cares for your children, which might not reflect your preferences.
It’s wise to name a backup guardian to ensure your children’s care if your primary choice is unable or unwilling to serve.
3. Name a Pet Carer
In Washington, you can include provisions in your will to ensure the care of your pets. Appoint someone to look after them and allocate resources for their maintenance, giving you peace of mind that they will be well cared for after you’re gone.
While optional, this step is particularly crucial for pet owners. Without a designated caretaker, the responsibility for your pets’ care falls to your executor, who may not fully understand your wishes. Naming a caretaker helps ensure your pets receive the love and care they deserve in line with your instructions.
Additionally, consider naming a backup caretaker to step in if your primary choice is unable or unwilling to take on the role.
4. Decide who inherits your Residual Estate
Your residual estate includes all remaining assets after specific gifts, debts, and expenses have been settled. You can designate one or more beneficiaries—such as family, friends, or charities—to inherit these assets. Be sure to clearly list their full legal names and specify the exact portion or share each will receive. It’s also wise to name backup beneficiaries in case your primary choices are unable or unwilling to accept the inheritance, ensuring smooth and efficient distribution of your estate.
5. Gifting Specific Items
If you wish to leave specific items—such as family heirlooms, jewelry, property, or cash—to individuals, you can specify these in your will. Be as detailed as possible to avoid confusion or disputes. Including item descriptions, appraisals, or serial numbers can provide clarity. Taking an inventory of your assets before drafting your will is a good practice to ensure all your belongings are properly accounted for and designated.
6. Any Additional Instructions or Provisions?
Consider including other instructions in your will, such as how you’d like your burial instructions or directions to sell specific assets. You may also want to make certain gifts conditional or to be held in trust until beneficiaries reach a specific age.
Review Your Will
Confirming Roles in Your Will
Before finalizing your will in Washington, it’s crucial to ensure that your chosen executors, guardians, and pet caregivers fully understand their roles and are willing to accept these responsibilities. This helps reduce potential issues during the administration of your will.
It’s recommended to confirm with both your primary and backup individuals to ensure they are prepared to carry out their duties if necessary.
Executors
Guardians
Pet Carers
Test Your Will
Before finalizing your will, it’s essential to carefully consider your wishes and plan for different scenarios, such as beneficiaries passing away before you or certain conditions not being met. This ensures your estate is distributed according to your intentions, even under unexpected circumstances. Scenario testing allows you to visualize how changes could impact the distribution of your assets, helping you make informed decisions that align with your wishes.
Signing Your Will
Signing Your Will In Front of Witnesses
Once your will is drafted, the next critical step is printing and signing it. In Washington, the signing process must meet specific legal requirements for your Will to be valid.
Witness Requirements
In Washington, to create a valid Will, you must sign the document in the presence of at least two witnesses. These witnesses must:
- Be at least 18 years old.
- Understand that they are witnessing the signing of your will.
- Both witnesses must sign the will after you have signed it, attesting that they were present and that you appeared to be of sound mind when signing.
Self-Proving Affidavit
To make the Will self-proving, the testator and witnesses must sign an affidavit in the presence of a notary. This eliminates the need for witness testimony in probate court.
Note: Witnesses can be named as beneficiaries in Washington, but this may lead to disputes, so its generally recommended to select disinterested witnesses.
Storing Your Will
Keep Your Will Safe
After your will is signed and witnessed, it’s important to store the original document securely. In Washington, only the original signed copy is legally binding—digital versions are not. Losing or damaging your will can create complications and delay the distribution of your estate.
Here are reliable options for securely storing your will:
Store at Home
Use a fireproof safe to protect your will from damage, and ensure your executor knows its exact location.
With an Attorney
Many attorneys offer secure storage options for original wills, often as part of their estate planning services.
Trusted Person
Consider giving your will to a reliable family member or friend who can keep it safe and accessible.
Reminder: Although digital copies are helpful for reference, they hold no legal weight. Always ensure your executor knows where to find the original signed document to avoid delays or legal complications.
FAQs: Making A Will in Washington
1. What Are My Options for Making a Will in Washington?
In Washington, there are several ways to create a legally valid will:
Hiring a Lawyer: This option is ideal for individuals with complex estates or unique legal needs, such as creating trusts, minimizing estate taxes, or addressing intricate family dynamics. An attorney can provide tailored advice and ensure your will complies fully with state laws.
Using an Online Platform: For straightforward estates, online platforms like Will Hero provide an affordable and guided process to draft a legally valid will. These platforms are designed to help ensure compliance with Washington State’s legal requirements and are a practical choice for many individuals.
Handwritten Will (Holographic Will) are only recognized as valid in Washington if they are properly signed and witnessed: To create a valid will in Washington, it must be in writing, signed by the testator (the person making the will), and witnessed by two competent individuals who are present at the time of signing or acknowledgment.
2. Do I Need a Lawyer to Make a Will in Washington?
No, you don’t need a lawyer to create a valid will in Washington. For straightforward estates with simple instructions, you can draft the will yourself or use an online platform like Will Hero, which offers a guided and affordable way to ensure compliance with Washington law.
However, if your estate is more complex—such as involving trusts, tax planning, or specific provisions—it’s wise to consult an attorney. A lawyer can provide personalized guidance, address unique considerations, and ensure your will is comprehensive, legally sound, and tailored to your needs.
3. Are Handwritten (Holographic) Wills Valid in Washington?
Yes, holographic wills are valid in Washington if they are written entirely in the testator’s handwriting and signed by the testator. However, unlike some states, Washington does not require witnesses for a handwritten will to be valid. That said, having witnesses is still recommended to make probate smoother and reduce potential challenges to the will. It’s important to ensure your will follows Washington law to avoid legal complications.
4. How Much Is the Inheritance Tax in Washington?
Washington does not have an inheritance tax. However, the state does impose an estate tax on estates exceeding a certain value.
As of 2024, the Washington estate tax applies to estates valued at more than $2.193 million (the estate tax exemption threshold). The tax rates range from 10% to 20%, depending on the size of the estate. This tax is assessed only on the portion of the estate that exceeds the exemption threshold.
Additionally, estates exceeding the federal exemption threshold of $12.92 million (as of 2024) may be subject to federal estate taxes
5. Do I Need to Notarize My Will in Washington?
No, you do not need to notarize your will in Washington for it to be legally valid. However, having your will notarized by creating a self-proving affidavit can make the probate process smoother. A self-proving affidavit requires the signatures of you and your witnesses in front of a notary, which eliminates the need for the witnesses to testify in court later to confirm the validity of the will. While notarization is not mandatory, it is recommended to streamline probate proceedings.
6. Can I Change My Will After It’s Signed?
7. What Happens if I die without a Will?
If you die without a will in Washington, your estate will be distributed according to the state’s intestate succession laws. This means the state determines how your assets are divided among your surviving relatives, which may not align with your personal wishes.
Intestate Succession in Washington:
If You Have a Spouse:
Your spouse inherits all of your community property. Your spouse also inherits half of your separate property, and the remaining half is divided among your children or other descendants.If You Have Children, but No Spouse:
Your children inherit your entire estate, divided equally among them.If You Have No Spouse or Children:
Your estate goes to your parents if they are alive. If your parents are deceased, your estate is divided among your siblings.If You Have No Immediate Family:
Your estate may pass to more distant relatives such as grandparents, aunts, uncles, cousins, or their descendants.If No Relatives Can Be Found:
If no heirs are found, your estate will “escheat” to the state of Washington, meaning the state becomes the owner of your property.
Creating a Will lets you make these important decisions by yourself.
8. What is Probate?
Probate is the legal process of validating a will and distributing a deceased person’s estate according to their wishes or Washington’s intestate succession laws if no will exists.
In Washington, the probate process typically follows these steps:
- Filing the Will: The executor files the will with the Register of Wills in the county where the deceased lived.
- Appointment of Executor/Administrator: The court formally appoints the executor (or administrator if no will exists).
- Inventory of Assets: The executor identifies, lists, and values the deceased’s assets.
- Paying Debts and Taxes: The executor ensures all debts, taxes, and final expenses are paid.
- Distributing Assets: Remaining assets are distributed according to the will or intestate laws if there’s no will.
- Closing the Estate: A final accounting is submitted to the court for approval, and the estate is closed.
Washington also offers a simplified process for small estates valued under $50,000 (excluding real estate), allowing heirs to bypass full probate with a small estate affidavit.
9. How Long Does Probate Take?
Simple Estates: For straightforward estates with a valid will, minimal creditors, and no disputes, probate can take 4 to 6 months to complete.
Moderate Estates: For estates with multiple assets, creditors, or minor disputes, probate may take 6 to 12 months.
Complex Estates: If the estate involves significant assets, disputes among heirs, or litigation, probate can take 1 to 2 years or more.
Factors Affecting Probate Duration
Several factors can influence the length of the probate process in Washington:
- Small Estate Affidavit: Estates valued under $100,000 may qualify for a simplified process that avoids full probate, significantly reducing the time required.
- Clear and Valid Will: A well-drafted will with a named executor helps streamline the process.
- Asset Complexity: Estates with diverse or hard-to-value assets, such as real estate, businesses, or investments, may take longer.
- Creditor Claims: Time is required to notify and resolve claims from creditors, which can add months to the process.
- Disputes or Litigation: Challenges to the will, disputes among heirs, or other legal complications can significantly extend the timeline.
Key Deadlines in Washington Probate:
- Filing Deadline: The executor must file the will with the court within 40 days of the decedent’s death.
- Creditor Notification: Creditors typically have 4 months from the date of notice to submit claims against the estate.
The probate process in Washington typically lasts anywhere from a few months to over a year, depending on the estate’s complexity. For smaller or uncontested estates, the process may be completed quickly using simplified methods.
10. Can Probate Be Avoided?
Yes, some assets in Washington can bypass probate through:
- Joint ownership with right of survivorship:
Property held in joint tenancy or as community property with right of survivorship automatically passes to the surviving owner upon death, bypassing probate. - Beneficiary designations:
Assets such as life insurance policies, retirement accounts (e.g., IRAs, 401(k)s), and payable-on-death (POD) or transfer-on-death (TOD) accounts avoid probate if beneficiaries are named. It’s important to ensure these designations are up to date. - Living trusts:
By transferring assets into a revocable living trust, those assets pass directly to the trust’s beneficiaries without going through probate. However, it’s essential to properly title assets like real estate, bank accounts, and investments in the name of the trust. - Community Property Agreements:
Spouses in Washington can use a community property agreement, which allows all community property to transfer directly to the surviving spouse without probate. - Small Estate Affidavit:
If the estate’s total value is under $100,000 (excluding real estate), heirs can use a small estate affidavit to transfer assets without formal probate proceedings.
Using these strategies can simplify the estate settlement process and help avoid the time and costs associated with probate in Washington. It’s a good idea to consult an attorney or estate planning professional to ensure everything is set up correctly.
Ready to Start your Will?
Taking the first step can be daunting, but Will Hero simplifies the process. Our platform provides a free, visual way to draft your will, clarify your wishes, and navigate estate planning with expert guides and an AI Assistant. Plus, you can use Scenario Testing to ensure your will covers various life situations. You only need to upgrade when you’re ready to finalize. At Will Hero, we aim to make will creation interactive, visual, and even enjoyable.
Take the first step today to protect your legacy and provide peace of mind for your loved ones!
