How to Make a Valid Will in Washington

Washington in depth

Washington is a strict-compliance state with a community-property twist. It refuses to recognize a handwritten will signed in-state without witnesses, and its courts have no general power to forgive a signing that went wrong — but it also protects a married spouse automatically through community property rather than through any elective share you have to claim. And unlike most states, Washington levies its own estate tax, which changes the math for larger estates.

The statute facts above give you the rules. This section covers where Washington wills actually go wrong, the protections built into Washington law that you cannot draft around, and the state-level estate tax almost no one plans for.

Five ways a Washington will gets thrown out

Most Washington wills that fail, fail on how they were signed — not on what they say. And because Washington has no general harmless-error rule, a defect is usually fatal. These are the recurring ones.

1. 1

   Assuming a handwritten note counts as a will

   An unwitnessed handwritten (holographic) will made in Washington fails — the state requires two competent witnesses for every will executed here (RCW 11.12.020). A heartfelt letter in your own hand, however clear, is not a valid Washington will. The one narrow exception runs the other way: a will that was valid where it was signed, or where you were domiciled, will still be honored in Washington even if it was handwritten there.

2. 2

   Relying on a notary instead of two witnesses

   Notarization does not make a Washington will valid — two competent witnesses do (RCW 11.12.020). A notary matters only for the optional witness affidavit that proves the will after death (RCW 11.20.020); it never substitutes for a witness. A carefully notarized will signed by fewer than two witnesses is not validly executed, and Washington has no harmless-error rule to rescue it.

3. 3

   Using a beneficiary as one of your two witnesses

   An interested witness does not void a Washington will. But if there are not two other disinterested witnesses, a gift to a witness triggers a rebuttable presumption of duress or undue influence (RCW 11.12.160). Unless that witness can rebut it, the gift is purged down to what they would have inherited had you died with no will at all. Use two witnesses who inherit nothing.

4. 4

   Assuming a spoken wish will stand

   Washington recognizes oral (nuncupative) wills only in a razor-thin set of circumstances: they can pass personal property up to $1,000 (armed-forces members and merchant mariners may dispose of their wages), must be made in the testator's last sickness before two witnesses, be committed to writing, and be offered within six months (RCW 11.12.025). An oral will can never pass real estate. For everyone else, the witnessed-and-signed rules are the only route.

5. 5

   Signing a paper will electronically or by video

   Washington does allow electronic wills — but only under its Electronic Wills Act effective January 1, 2022, and only with a qualified custodian and the statute's own formalities (RCW 11.12.400). A scanned PDF of a paper will, a casual e-signature, or a paper will "witnessed" over an ad-hoc video call is not automatically a valid electronic will. If you are signing a paper will, use wet ink with two witnesses in your presence or electronic presence.

Washington protects a spouse through community property, not an elective share

Washington is a community-property state, and that is why it has no New York-style elective share. Each spouse already owns one-half of the community property, and you cannot will away your spouse's half — so when you die, your surviving spouse keeps their own half and takes your half of the community property too, ending up with 100% of it (RCW 11.04.015; RCW 11.02.070).

Because that protection is automatic, there is no post-death "claim one-third against the will." A spouse can still claim a basic homestead or family-support award from the estate (RCW 11.54.010), but the core safeguard is the community-property half the decedent never controlled in the first place. If your plan depends on how community versus separate property is divided, sort that out while drafting — the court applies the community-property math regardless of what the will says.

How Washington splits an estate when there's no will

If you die without a will, Washington's community-property rule still governs the community half: your surviving spouse takes all of your one-half of the community property, so they end up owning the whole of it (RCW 11.04.015).

Your separate property is divided differently. A surviving spouse takes one-half of it if you leave descendants (the descendants share the other half); three-quarters if you leave no descendants but a parent or a parent's issue survive; and all of it if none of those relatives survive (RCW 11.04.015). A will is how you change that default division — but you can never redirect your spouse's own community-property half.

The spouse or child you forgot, and the ex-spouse you didn't remove

If you marry after signing your will and the will makes no provision for the new spouse, that omitted spouse takes the share they would have received had you died without a will — unless the omission was intentional (RCW 11.12.095). The same protection runs to a child born or adopted after the will who is left unprovided for: that omitted child takes an intestate-equivalent share unless the omission was intentional (RCW 11.12.091).

Divorce cuts the other way. A dissolution or invalidation of your marriage automatically revokes every provision of your will in favor of the former spouse, as if the ex had predeceased you (RCW 11.12.051) — you don't have to redraft to write them out. The safe move is the same in every case: revisit the will after any marriage, divorce, birth, or adoption.

Proving a Washington will: Superior Court and the witness affidavit

Washington probates wills in the Superior Court, and a probate may be commenced in any county of the state, subject to a motion to change venue to the proper county (RCW 11.96A.050). This is the court that decides whether your will was validly executed, which is exactly why the two-witness formality carries so much weight.

Washington does not use a single embedded "self-proving affidavit" the way many states do. Instead, its witnesses can make an affidavit before an authorized officer, and that affidavit is accepted by the court as if the testimony had been taken before it (RCW 11.20.020). Getting that witness affidavit signed keeps the will admissible without hauling the witnesses back years later. If the probate estate's personal property is $100,000 or less, heirs may skip formal probate entirely and collect it with a small-estate affidavit after a 40-day wait (RCW 11.62.010).

Washington has its own estate tax — and the rate just changed

Unlike most states, Washington imposes a state-level estate tax on top of any federal tax (Chapter 83.100 RCW). For deaths on or after July 1, 2025, the applicable exclusion amount is $3,000,000 — well below the federal exemption, so an estate that owes nothing federally can still owe Washington estate tax. There is no separate inheritance tax.

The rate structure recently moved. For deaths between July 1, 2025 and June 30, 2026, the schedule ran up to a temporary top rate of 35%; for deaths on or after July 1, 2026, it reverted under 2026 legislation (ESB 6347) to a graduated schedule topping out at 20%. Because the middle brackets are technical and can lag in the published tables, treat the tax as graduated up to that 20% top rate and confirm the current schedule with the Department of Revenue or an estate attorney before relying on a specific number.

Common questions about Washington wills

Sources

• RCW 11.12.010 — Who may make a will
• RCW 11.12.020 — Execution and attestation of wills
• RCW 11.12.025 — Nuncupative (oral) wills
• RCW 11.12.051 — Effect of divorce or dissolution
• RCW 11.12.091 — Omitted child
• RCW 11.12.095 — Omitted spouse
• RCW 11.12.160 — Interested witness; rebuttable presumption
• RCW 11.12.400 — Electronic Wills Act
• RCW 11.20.020 — Proof of will by witness affidavit
• RCW 11.04.015 — Descent and distribution (intestacy)
• RCW 11.02.070 — Community property on death
• RCW 11.54.010 — Basic homestead/family-support award
• RCW 11.62.010 — Small-estate affidavit
• RCW 11.96A.050 — Venue for probate proceedings
• Chapter 83.100 RCW — Estate and transfer tax
• ESB 6347 (2026) — Estate-tax rate schedule

Who Can Make a Will in Washington?

You must be at least 18 years old to make a will in Washington. No specific statutory exception for emancipated minors in the will statute (RCW 11.12.010). 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

Signing Requirements

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). If you are physically unable to sign, 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. 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)

Notarization in Washington

Notarization is not required for a will to be valid in Washington. Not required for validity. Used for self-proving affidavits

Self-Proving Affidavit

Washington allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. 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

Handwritten (Holographic) Wills

Washington does not recognize holographic wills. Washington does not recognize unwitnessed holographic wills. A handwritten will is valid only if it meets all standard execution requirements including two witnesses

Electronic Wills

Washington recognizes electronic wills. 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

Oral (Nuncupative) Wills

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 a Will in Washington

In Washington, a will can be revoked by:

• •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

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

Relevant Washington Statutes

• RCW 11.12.010 (Who may make a will)
• RCW 11.12.020 (Requisites of wills; electronic presence)
• RCW 11.12.025 (Nuncupative wills)
• RCW 11.12.040 (Revocation of will)
• RCW 11.12.160 (Interested witness)
• RCW 11.12.400-11.12.491 (Electronic wills - UEWA)
• RCW 11.20.020 (Self-proving affidavit)