Estate Law · Washington
Washington estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for Washington residents.
- Washington intestacy gives the spouse all community property and a portion of separate propertyWA intestacy: spouse takes all community property; one-half of separate property with descendants. Community property state.
- Washington requires two competent witnesses for will executionWashington will requires testator's signature and two competent witnesses signing in the testator's presence. No holographic wills generally recognized.
- Washington small-estate affidavit handles personal property up to $100,000 without probateWashington small-estate affidavit allows personal property collection up to $100,000 without probate. 40-day waiting period. Real property not covered.
- Washington's Uniform Power of Attorney Act provides default-durable POAsWashington's Uniform Power of Attorney Act (2017) makes POAs durable by default. Hot powers must be expressly enumerated. Third-party acceptance protections.
- Washington community property agreements convert all property to community and avoid probateWA community property agreement converts all spousal property to community with automatic transfer to surviving spouse — avoiding probate.
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed Washington attorney.