How to Make a Valid Will in Washington

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)