How to Write a Will in Washington (2026 Guide)

This is general legal information for Washington, not legal advice. Will laws change, and specific situations can have exceptions. For any complex case, consult a licensed attorney in Washington.

Why Having a Will Matters

A will is the simplest, clearest way to say what happens to your property, your minor children, and your affairs after you die. Without one, you die "intestate" and Washington’s default inheritance rules (called intestate succession) take over. Those rules are rigid and generic — they do not know your relationships, your intentions, or the people you care about most. They follow a fixed formula.

The cost of skipping a will is not hypothetical. It plays out the same way in Washington as everywhere else: unmarried partners locked out, stepchildren with nothing, pets in shelters, court-appointed administrators, family disputes over items and money, and a probate process that is slower, messier, and more expensive than it needed to be. Whatever you own — even if you think it’s "not much" — someone will have to deal with it after you’re gone. A will decides whether that someone is you or a judge.

A simple Washington will takes about ten minutes to draft using a free tool and costs nothing. You can start drafting yours now. The rest of this guide walks you through what makes a will legally valid in Washington and how to avoid the technical mistakes that most commonly cause wills to be thrown out.

Washington Will Requirements at a Glance

• Minimum age: 18 years old (No specific statutory exception for emancipated minors in the will statute (RCW 11.12.010))
• Written form: Must be in writing. Can be typed, printed, or handwritten, but all wills must be properly witnessed. Electronic wills are recognized under the Uniform Electronic Wills Act (effective Jan. 1, 2022)
• Witnesses required: 2
• Notarization: Not required for a standard signed will
• Self-proving affidavit: Yes — recommended, it speeds up probate later
• Holographic (handwritten) wills: No
• Electronic wills: Yes

Testamentary Capacity

The testator must be of sound mind: understand the nature of the act, the nature and extent of their property, and the identity of the natural objects of their bounty

Signature Requirements in Washington

You must personally sign the will. Washington does allow proxy signing in specific cases: Another person may sign under the testator's direction in the testator's presence (RCW 11.12.020)

Witness Requirements in Washington

Washington requires 2 witnesses. Must be competent witnesses

Presence rules: Witnesses must subscribe their names to the will or sign an affidavit complying with RCW 11.20.020(2), in the presence of the testator and at the testator's direction or request. Electronic presence is permitted under the UEWA

Interested witnesses: A devise to an attesting witness is not void, but the interested witness creates a rebuttable presumption that the devise was procured by duress, menace, fraud, or undue influence (RCW 11.12.160)

The safest approach in every state, including Washington, is to use witnesses who are adults, not beneficiaries under the will, and not the person you’ve named as executor. This avoids any question about whether a witness’s inheritance could be "purged" for being an interested party.

Notarization and Self-Proving Affidavits

Washington does not require a will to be notarized to be valid. A signed and witnessed will is enough. Not required for validity. Used for self-proving affidavits

Washington does allow a self-proving affidavit, which is a short notarized document attached to the will where you and your witnesses swear under oath that everything was signed properly. It is optional, but it is strongly recommended — a self-proving affidavit means the probate court can admit the will without having to contact your witnesses later. Witnesses may sign an affidavit that complies with RCW 11.20.020(2) as an alternative to or in addition to subscribing their names to the will. The affidavit is sworn before a notary. For electronic wills, the will must remain in custody of a qualified custodian to be treated as self-proving

Holographic, Electronic, and Oral Wills in Washington

Holographic (handwritten) wills: Not recognized in Washington. A valid will must be typed or printed and signed in front of witnesses.

Electronic wills: Recognized in Washington under specific conditions. Washington adopted the Uniform Electronic Wills Act (UEWA), effective January 1, 2022 (RCW 11.12.400-11.12.491). Electronic wills must be readable as text, signed electronically by the testator, and witnessed. If not maintained by a qualified custodian, treated as a lost or destroyed will under RCW 11.20.070

Nuncupative (oral) wills: Recognized in Washington under very limited circumstances. Valid only for members of the armed forces or persons employed on a vessel of the United States merchant marine. Limited to personal property not exceeding $1,000. Must be proved by two witnesses present at the making; the testator must have bidden someone bear witness; must be made during testator's last sickness; proof must be offered within six months (RCW 11.12.025)

How to Revoke or Update a Washington Will

If you already have a will and want to change it, Washington recognizes these revocation methods: Executing a subsequent will that revokes the prior will expressly or by inconsistency, Being burnt, torn, canceled, obliterated, or destroyed with intent to revoke, by testator or by another in testator's presence and at testator's direction. RCW 11.12.040. Revocation of a will in its entirety revokes its codicils unless contrary to testator's intent

The cleanest approach is to draft a new will that starts with the sentence "I revoke all previous wills and codicils," then sign it with the proper witnesses. Destroy old copies when you do. Small updates can technically be done by codicil (a formal amendment), but a fresh will is usually easier to read and harder to contest.

Special Provisions in Washington

Washington is a community property state. Each spouse owns an undivided one-half interest in community property. No elective share statute because community property law protects the surviving spouse. Washington allows community property agreements that can transfer all community property to the surviving spouse without probate. Washington was an early adopter of the UEWA for electronic wills

Step-by-Step: Writing a Valid Washington Will

1. Take inventory. Bank accounts, vehicles, property, valuables, digital assets, pets.
2. Decide who gets what. Be specific for items that matter (names, addresses, account identifiers). Use a residuary clause ("everything else goes to...") to catch anything you forget.
3. Name an executor. The person who handles your estate. Pick someone trustworthy, organized, and likely to outlive you. Name a backup too.
4. Name a guardian for minor children if you have kids under 18. This is the single most important reason for a will if you’re a parent.
5. Draft the document. Our free drafting tool generates a Washington-specific will in about 10 minutes, with all the correct clauses in the correct order.
6. Print the will. Don’t rely on a digital copy for signing.
7. Sign in front of 2 adult witnesses who are not named as beneficiaries. You all need to be in the same room at the same time. You sign first, they sign while watching.
8. Sign the self-proving affidavit in front of a notary. This is optional but speeds up probate later.
9. Store it somewhere findable. A fireproof home safe is the standard choice. Tell your executor where it is.
10. Review every few years and after major life events (marriage, divorce, new child, moving out of Washington, major asset changes).

Common Washington Will Mistakes to Avoid

• Wrong number of witnesses. Washington requires 2. More is fine; fewer invalidates the will.
• Using a beneficiary as a witness. Can cause the beneficiary’s share to be "purged" (forfeited).
• Not signing in the witnesses’ presence. The signing has to happen as a ceremony, with everyone in the same room.
• Forgetting a residuary clause. Without it, anything you didn’t specifically mention falls into intestate succession.
• Storing the will where nobody can find it. An unfindable will is the same as no will.
• Not updating after major life events. An ex-spouse named in an old will can still inherit in some situations.

Need to Check Details?

You can also read the full Washington will requirements and the Washington estate planning guide for background on intestate succession, probate, and related topics.

Start Your Washington Will Now

The easiest way to get a valid Washington will done today is our free drafting tool. It walks you through the questions, generates a Washington-specific document with the correct clauses, and gives you signing instructions tailored to Washington’s requirements. No account, no cost, nothing stored on our servers. You’ll have a draft ready in about ten minutes.

Whatever you decide, decide. A simple will is one of the most meaningful things you can leave the people you love — and it’s one of the easiest things to put off until it’s too late.