How do I make a valid will in Washington?

Washington wills are governed by RCW Title 11, Chapter 12.

1. Testator Requirements

Age: 18 or older (RCW 11.12.010).

Capacity: Sound mind.

2. Witness Requirements — Attested Will (RCW 11.12.020)

In writing.

Signed by the testator (or by another at the testator's direction).

Attested by 2 or more competent witnesses by subscribing their names to the will, or by signing an affidavit complying with the self-proving requirements, while in the presence of the testator and at the testator's direction or request.

3. Notarization

Not required for validity. A self-proving affidavit under RCW 11.20.020(2) before a notary allows the will to be probated without witness testimony.

4. Holographic Wills

Washington does NOT recognize holographic wills executed in Washington. However, RCW 11.12.020(2) honors a will (including a holographic one) valid in the jurisdiction where it was executed or where the testator was domiciled at execution.

5. Electronic Wills

Washington has adopted the Electronic Wills Act (RCW 11.12.400 et seq., effective 2022) — wills may be executed and witnessed remotely under specified conditions.

6. Community Property State

Washington is a community property state. A will controls only the testator's separate property and the testator's half of community property.

7. Intestacy (No Will)

RCW 11.04.015: Spouse takes all community property and 1/2 separate property if descendants exist; 1/2 separate property otherwise; all separate property if no descendants or parents survive.

8. Small Estate Threshold

Washington's small estate affidavit (RCW 11.62.010) is available for estates with personal property of $100,000 or less, after a 40-day waiting period.

9. Community Property Agreement

Washington allows a community property agreement (RCW 26.16.120) — converting all property to community and providing that all community property passes to the surviving spouse without probate.

This is legal information, not legal advice.