What Is a Will and Why Do You Need One in Washington?
A will is one of the most important legal documents you can create. It sets out who will inherit your property, who will serve as your personal representative (executor), and who will care for any minor children you may have if something happens to you. Without a will, Washington’s intestacy laws (RCW 11.04.015) decide these questions, and the outcome may not reflect your wishes.
A Washington wills attorney can help you avoid dying intestate and ensure that your wishes are respect concerning the distribution of your assets after death. Through a will, you can also specify who will serve as the personal representative of your estate.
Creating a will puts you in control and provides clarity for your loved ones. It reduces the chance of family disputes and gives peace of mind knowing that your wishes will be honored.
If you are a Washington resident and need a wills attorney, we can help you create a legally valid will tailored to your family, assets. Call us today at 425-645-4684 to schedule a consultation.
What Are the Requirements for a Valid Will in Washington?
- Under RCW 11.12, Washington requires specific formalities for a will to be valid:
- The testator (person making the will) must be at least 18 years old and of sound mind.
- The will must be in writing. Oral wills are generally not valid in Washington except in rare military service circumstances.
- The will must be signed by the testator or by another person at the testator’s direction and in their presence.
- It must be witnessed by two competent individuals who also sign the document in the presence of the testator.
Washington also recognizes holographic wills (handwritten wills), but only if they meet the above requirements and are properly witnessed. Unlike some states, Washington does not allow unwitnessed handwritten wills.
Failing to follow these rules can invalidate a will, which means your estate may be distributed according to intestacy laws instead of your wishes.
Are Video Wills Effective in Washington?
No. Because wills must be in writing and signed by the testator (or someone directed by the testator), videos that purport to be a will are not effective. If there is only a video that purports to be a will and no other separate will, the person making the video will be deemed to have died intestate, and, as a result, their property that otherwise could have been transferred by a will must be transferred in accordance with Washington intestacy statutes.
What Can You Do With a Will in Washington?
A will does much more than simply say who inherits your property. In Washington, your will can:
- Distribute assets to family, friends, or charities of your choice
- Name a personal representative (executor) to manage your estate
- Appoint guardians for your minor children
- Create testamentary trusts for children, special needs dependents, or beneficiaries who should not receive assets outright
- Express funeral and burial wishes, which may help guide loved ones
How Do Wills Work with Washington’s Community Property Laws?
Washington is a community property state. This means that most property acquired during marriage is jointly owned by both spouses. Each spouse controls their one-half share of the community property. When one spouse dies, their one-half interest passes under their will unless a Community Property Agreement or trust provides otherwise, or unless the property is subject to other transfer mechanisms or instruments (such as property held in joint tenancy with a right of survivorship or transfer/pay on death provisions). Separate property — assets acquired before marriage, by gift, or by inheritance — can also be distributed by will.
Washington estate planning often involves combining wills with trusts to streamline transfers and avoid unnecessary probate. It also involves identifying the property that a person may own, and the rights that a person may have in such property.
For instance, if a person co-owns a house with another person who is not their spouse or domestic partner and if the property is not titled with survivor rights, there are issues that could arise. Let’s consider an example.
Assume that one co-owner of property that is jointly owned dies and leaves all of her assets to her children from a previous marriage. In this case the surviving property co-owner may suddenly find that they now jointly own the property with their former partner’s children. In estate planning, it will be critical to identify and address such potential matters.
What Happens If You Die Without a Will in Washington?
If you die without a will, Washington’s intestacy statute (RCW 11.04.015) controls with respect to your assets that are not held in a trust or otherwise subject to transfer-on-death or similar provisions. This statute sets forth those who are entitled to inherit and the percentages of assets they are entitled to inherit from a person who dies intestate. In general, the intestate statute provides that:
- A spouse or state-registered domestic partner inherits all community property and a share of separate property
- Children inherit the remaining share. If a child has died, their children (the grandchildren) inherit that share
- If no spouse or children survive, property passes to parents, siblings, and more distant relatives in accordance with the intestate statute
- If no heirs can be found, the estate escheats (or is given to) the State of Washington
The above provides and general overview of Washington intestate succession, but it does not account for all situations. This process does not consider personal relationships or unique family circumstances. Surviving partners not in a registered partnership, stepchildren, friends, or charitable causes will not inherit unless you have a valid will or trust and they are not named in such documents.
All adults who are concerned about how their assets are to be distributed should have an estate plan that carefully specifies to whom property is to be distributed. At North City Law, we can ensure that your wishes will be honored through a comprehensive estate plan.
Can’t I Just Tell My Children Who Should Inherit Each of My Assets Instead of Creating a Will or Trust?
You can do this, but your wishes likely will be disregarded.
Let’s assume that you don’t have a will or trust, and that you tell your children who should inherit each of your assets. If you die without a spouse, Washington intestate law will require that each of you children receive an equal fair market value of your assets. This distribution does not consider sentimental value of items such as jewelry. And your specific statements to your children about who should inherit each asset will be legally disregarded and treated as though you never made any such statements in the first place.
As a result, your children may fight over your assets. One or more of your children may believe that they would inherit the same asset. Without naming a personal representative in a will, more than one child may wish to serve as the personal representative. Your children may be divided in terms of what should happen to significant property, such as a house. (Should it be sold? What happens if more than one child wants to own the house?).
As can be easily imagined, instead of having clear, enforceable estate distribution plans in place, the result can be chaos, unnecessary legal fees, and potentially bitter feelings created.
Does Washington Have any Provisions for Those With Small Estates to Simplify the Inheritance Process?
Yes. Washington has a process whereby estates valued at less than $100,000 can be the subject of filing what is known as the “Small Estate Affidavit”. This process entails filing a will with the court, as well as using the affidavit to seek the transfer of assets to those entitled to inherit. Ideally, if the requirements of the statute are met, a person entitled to assets can submit the affidavit to the entity controlling the assets and that person or entity will then deliver the asset to the person to whom they are entitled.
There are important conditions concerning the Small Estate Affidavit as follows:
- The $100,000 cap applies to all property, including real estate. A frequent issue is that the equity that a decedent may own in real estate will exceed the $100,000 cap.
- The person filing the affidavit must be a “successor” as defined in the statute.
- The decedent must have been a Washington resident when they died.
- There cannot be any pending application for the appointment of a personal representative.
- All debts of the decedent must have been discharged (or a plan has been made for the payment of the same).
- The person seeking to file the Small Estate Affidavit must have notified other potential successors in the manner required under the statute.
Do I Need a Will If I Have a Trust?
Yes. Even those who have a trust often die with assets that are not held in a trust. Such assets can include cash on hand, personal items like clothing and furniture, and (in some cases) even legal rights (such as the right to receive compensation from a car accident). Without a will, all of such property would be subject pursuant to Washington intestate law.
Additionally, as mentioned above, a will can be used to specify a personal representative to manage the distribution of non-trust property, as well as naming a guardian in the event a testator dies with minor children.
What is a Pour-Over Will?
A Pour-Over Will is a type of will that transfers non-trust property to a trust upon a person’s death. In this circumstance, upon the person’s death, all non-trust property owned by the person is first transferred into a trust and then ultimately distributed in accordance with the terms of that trust.
For example, if you purchase property in Everett or Marysville but never retitle it into your trust, a pour-over will directs that property into the trust at your death. Without a will, those assets could pass through Washington’s intestacy laws instead of according to your trust instructions.
While a well-funded trust can minimize or even avoid probate, having both documents together ensures your estate plan is complete. The trust manages your assets during life and after death, and the will provides backup authority for anything not included in the trust.
What Role Does a Will Play in Protecting Minor Children?
For parents, one of the most important functions of a will is naming a guardian for minor children. Without this, the court will appoint someone, and family members may even fight over custody.
Your will can also establish a testamentary trust to manage your children’s inheritance until they reach adulthood or another age that you choose. This ensures money is used for their health, education, and support, rather than being handed directly to an 18-year-old who may not be ready to manage it.
Parents of children with special needs can include provisions for a special needs trust in a will to ensure an inheritance does not compromise eligibility for social security income or Medicaid benefits.
How Does the Probate Process Work in Washington?
Probate is the court process of administering an estate after someone dies. In Washington, probate is generally less burdensome than in other states. Many estates qualify for nonintervention probate under RCW 11.68, which allows the personal representative to act with minimal court supervision.
Even though Washington probate is relatively streamlined, many families still prefer to avoid it when possible. A properly funded trust, along with a will, can keep assets out of probate and allow faster distribution.
How Often Should You Update Your Will in Washington?
Life changes frequently, and so should your estate plan. You should review your will if you experience:
- Marriage or divorce
- Birth or adoption of a child
- Death of a spouse or beneficiary
- Purchase of significant assets such as a home in Everett, Lynnwood, or Marysville
- Relocation to or from Washington
- Changes in tax or inheritance laws
Even without major changes, it is wise to revisit your will at least every 3 years to ensure it still reflects your wishes.
What Mistakes Should Be Avoided When Creating a Will?
Common mistakes include:
- Failing to meet Washington’s witness requirements
- Leaving property without considering community property rules
- Not naming a guardian for minor children
- Forgetting to update beneficiary designations on life insurance, retirement accounts, or bank accounts
- Assuming a handwritten or DIY will is valid without proper legal review
Each of these mistakes can create confusion, lead to disputes, and undermine your wishes. Working with an experienced Washington will attorney helps ensure your plan is legally enforceable.
How Can North City Law Help With Wills in Everett and Snohomish County?
At North City Law, we draft wills that comply with Washington law and reflect the unique needs of local families. We work closely with clients in Everett, Mukilteo, Marysville, Lake Stevens, Lynnwood, Arlington, and throughout Washington to:
- Draft valid wills tailored to their family situation
- Coordinate wills with trusts, transfer on death instruments, and community property laws
- Plan for guardianship and protection of minor children
- Reduce the likelihood of disputes through clear and enforceable language
- Guide families through the probate process when a loved one passes away
If you are ready to create or update your will, call North City Law today at 425-645-4684 to schedule a consultation and learn how we can help you.