Washington State Will Requirements (2026)
Under RCW 11.12.020, a valid will in Washington must meet these requirements:
- Age: 18 years or older (or an emancipated minor)
- Mental capacity: Sound mind at the time of signing
- Written document: Washington does not recognize oral wills
- Signature: Must be signed by the testator
- Two witnesses: Two competent adults must witness the signing and sign the will themselves. Witnesses should not be beneficiaries
- Notarization: Not required for validity, but a self-proving affidavit (notarized) allows admission to probate without witness testimony
Washington does NOT recognize holographic (handwritten) wills unless they were executed in a state that does recognize them. This is an important distinction from many other states — if you want a valid will in Washington, you need two witnesses, period.
Washington State Community Property Rules
Washington is one of only nine community property states in the US. This fundamentally affects estate planning for married couples:
- Community property: All income earned and property acquired during the marriage (by either spouse) is jointly owned 50/50 regardless of whose name is on the title
- Separate property: Property owned before marriage, or received as a gift or inheritance during marriage, remains the separate property of the receiving spouse
- At death: You can only dispose of your 50% share of community property in your will — the other 50% automatically belongs to your spouse
⚠️ Critical for Washington Couples
If you moved to Washington from a non-community property state, you may have "quasi-community property" — property that would have been community property if you'd been living in Washington when you acquired it. This can create significant complications. If you've moved states, consult an estate planning attorney or use a comprehensive service like Trust & Will that accounts for community property rules.
Best Online Will Services for Washington Residents
Trust & Will
Price: $199 individual | $299 couples
Trust & Will handles community property states particularly well. Their platform explicitly asks about community property, helps you identify what's separate vs. community property, and generates documents that properly account for Washington's rules. For married Washington residents, this is the most sophisticated option at a reasonable price.
- ✅ Explicitly handles community property
- ✅ Complete estate plan (will + POA + healthcare directive)
- ✅ Attorney-reviewed and WA-compliant
- ✅ Couples plan available ($299)
- ✅ Unlimited updates for 1 year
LegalZoom
Price: From $89
LegalZoom's basic will ($89) works for Washington residents and covers the state's two-witness requirement. The platform is straightforward but doesn't handle community property as gracefully as Trust & Will. Best for single Washington residents with straightforward situations.
- ✅ Affordable entry price
- ✅ Valid in Washington
- ⚠️ Community property handling less thorough
Washington Probate — Is It Worth Avoiding?
Washington probate (RCW Title 11) is relatively straightforward compared to many states, but it is still public, time-consuming, and can be costly for larger estates:
- Probate is required if the estate has more than $100,000 in probate assets
- The process typically takes 4-12 months
- Attorney fees, court fees, and personal representative compensation all reduce the estate
- Washington has a simplified process for small estates (under $100,000) using an affidavit
For Washington homeowners, a living trust is often the best way to avoid probate. Alternatively, you can use a community property agreement (for married couples) to pass community property outside of probate entirely.
Washington Community Property Agreement
Washington offers a unique option for married couples: a Community Property Agreement (CPA). This agreement specifies that all community property passes directly to the surviving spouse upon death — without probate. It's simpler and cheaper than a living trust for couples who primarily want to leave everything to each other.
A CPA can be created and recorded at your county auditor's office. Most online estate planning services don't offer this document — it's worth mentioning to your estate planning attorney or researching separately if you're a married Washington resident.
Washington Estate Tax
Washington State has its own estate tax — one of only 12 states that do. Key facts:
- Exemption: $2.193 million per person (2026) — significantly lower than the federal exemption
- Rate: 10% to 20% on amounts above the exemption
- Unlimited marital deduction: Assets left to a surviving spouse are exempt
- No inheritance tax: Washington doesn't tax beneficiaries on what they receive
Washington's relatively low estate tax exemption means that even middle-class homeowners in high-cost areas like Seattle may face estate taxes. If your estate might exceed $2 million, consult an estate planning attorney about tax minimization strategies.
Washington Healthcare Directive
Washington recognizes both a "durable power of attorney for health care" and a "health care directive" (living will). These are separate from your regular will and are essential components of a complete estate plan. Washington law (RCW 70.122) allows you to appoint someone to make medical decisions if you're incapacitated and specify your wishes for end-of-life care.
Create Your Washington State Estate Plan
Don't let community property rules catch your family off guard. Start with Trust & Will for a complete, WA-compliant estate plan.
Start Your Estate Plan →Frequently Asked Questions
Does my Washington will need to be notarized?
No — notarization is not required for a valid will in Washington. Two witnesses are sufficient. However, a notarized self-proving affidavit (signed by witnesses in front of a notary) is strongly recommended as it streamlines the probate process.
Can my spouse and I make a joint will in Washington?
Joint wills (one document signed by both spouses) are legally valid in Washington but generally discouraged by estate planning attorneys. They can be difficult to change after one spouse dies. Instead, most couples create separate "mirror wills" with identical provisions, or consider a community property agreement for the simplest approach.
What is the Washington estate tax exemption for 2026?
Washington's estate tax exemption is $2.193 million per person in 2026. This is considerably lower than the federal exemption of $13.61 million. If your estate may exceed this amount, speak with an estate planning attorney about tax minimization strategies such as marital trusts, charitable giving, or annual gift exclusions.