Estate Planning in Washington

Married with children (same marriage)

Your spouse inherits all of your share of community property. For separate property, your spouse receives one-half and your children split the other half. The distinction between community and separate property controls the distribution.

Married with children from a prior relationship

The same formula applies — Washington intestacy does not distinguish between children from different relationships. Your spouse receives all community property plus half of separate property; children split the other half of separate property.

Married, no children

If survived by parents or siblings: your spouse inherits all community property plus three-quarters of separate property. Parents or siblings receive one-quarter of separate property. If no parents, siblings, or their descendants survive: your spouse inherits everything.

Single with children

Your children inherit everything equally by representation.

Single, no children

Your parents inherit equally. If no parents survive, siblings inherit. The chain continues through grandparents, aunts, uncles, and cousins. Washington also has a stepchild savings clause that prevents escheat when stepchildren survive.

What makes a will valid

A will must be in writing, signed by the testator (or by another person at the testator's direction in the testator's presence or electronic presence), and attested by two or more competent witnesses who sign in the testator's presence or electronic presence at the testator's direction or request.

What people think

That a handwritten will is valid in Washington, or that notarization is the key requirement.

What actually happens

Washington does not recognize holographic (unwitnessed handwritten) wills made by Washington residents. A handwritten will is valid only if it is witnessed by two competent people — the issue isn't the handwriting, it's the lack of witnesses. Notarization is irrelevant to will validity; it matters only for the self-proving affidavit.

Common failure

Not granting nonintervention powers in the will. Without this provision, the executor must seek court approval for every significant action — selling property, paying debts, distributing assets — dramatically increasing the time and cost of probate administration.

When a trust is better

When avoiding probate entirely for real property (which cannot be transferred by small estate affidavit), when the estate may exceed the Washington estate tax threshold, when managing the community property/separate property distinction requires careful structuring, or when privacy is important.

Execution checklist

1. Sign the will with two competent witnesses present (in person or via real-time audiovisual technology)
2. Have witnesses sign at your direction or request — ensure they understand they are witnessing your will
3. Include a provision granting the executor nonintervention powers
4. Execute a self-proving affidavit or declaration under penalty of perjury
5. If using an electronic will, ensure it is stored by a qualified custodian as required by statute
6. Store the original securely — anyone in possession must deliver it to the court within 40 days of death

What it does

Grants authority to a named agent to manage financial, legal, and property affairs on your behalf.

Key rule

Washington adopted the Uniform Power of Attorney Act (RCW Ch. 11.125). A durable POA must include explicit language stating it survives the principal's incapacity. The document must be signed and either witnessed by two adults or acknowledged before a notary.

Real-world friction

Financial institutions may reject POAs they consider outdated, unclear, or non-standard. Using Washington's statutory form and keeping the document recently executed reduces rejection risk. Washington law provides remedies for unreasonable third-party refusal.

Common mistake

Not understanding that a financial POA does not cover health care decisions. Washington uses separate documents for financial authority and health care decision-making.

What it covers

Your preferences for life-sustaining treatment, end-of-life care, and the designation of a health care agent authorized to make medical decisions if you become unable to do so.

What's different

Washington uses the Natural Death Act for living will directives and the Uniform Power of Attorney Act for health care powers of attorney. Both can be combined into a single advance directive. Washington also has a POLST (Physician Orders for Life-Sustaining Treatment) form that translates directive wishes into actionable medical orders.

Execution requirements

Must be signed by the declarant and witnessed by two competent adults. Witnesses should not be the health care agent, the attending physician, or employees of certain health care facilities. Notarization is not required but is recommended.

Common misunderstanding

Confusing a health care directive with a POLST form. The directive is a planning document created by the patient. The POLST is a set of medical orders signed by a physician that is used for patients with serious illnesses — it does not replace the directive.

When required

When assets are held solely in the decedent's name without a beneficiary designation, survivorship rights, or trust. All community property — including the surviving spouse's half — is subject to probate administration for purposes of paying community debts.

What makes Washington different

Washington's probate system is distinctive because of nonintervention powers. When the will grants these powers (or the court grants them on petition with heir consent), the personal representative can administer the entire estate without ongoing court supervision. This includes selling real property, settling claims, paying debts, and distributing assets — all without court orders. This makes Washington probate significantly faster and less expensive than court-supervised states. Without nonintervention powers, every significant action requires a court hearing.

Probate paths

What people get wrong

Not including nonintervention powers in the will. This single omission transforms Washington probate from one of the most efficient processes in the country to one of the most burdensome. The difference between a six-month administrative process and a multi-year court-supervised proceeding often comes down to one paragraph in the will.

When a trust is useful

Avoiding probate for real property (which cannot be transferred by small estate affidavit), planning around the Washington estate tax threshold, managing the community property/separate property distinction, maintaining privacy, or structuring distributions for minor children.

When a trust is unnecessary

When a properly drafted will with nonintervention powers and a small estate affidavit can handle the estate efficiently. Washington's nonintervention system makes probate relatively painless — adding a trust may not be justified unless real property or estate tax concerns are present.

Key mistake

Creating a trust but not retitling community property into it. In Washington, all community property is subject to probate administration even though the surviving spouse already owns their half. Unfunded trust assets go through probate regardless.

Not including nonintervention powers in the will

Without this provision, every significant action requires court approval — selling property, paying debts, distributing assets. This transforms Washington probate from one of the most efficient systems in the country to one of the most burdensome.

Assuming a holographic will is valid in Washington

Washington does not recognize unwitnessed handwritten wills made by Washington residents. Two witnesses are always required. A handwritten will CAN be valid — but only if properly witnessed.

Not understanding the community property / separate property distinction

Your will controls only your half of community property. Your spouse already owns their half. Separate property (acquired before marriage or by gift/inheritance during marriage) follows different intestacy rules — the spouse receives only half when children survive.

Overlooking the Washington state estate tax

Washington is one of a handful of states with its own estate tax. Estates exceeding the threshold (approximately $2.2 million, adjusted annually) face graduated rates from 10% to 20%. Many families in the Seattle metro area are surprised to find their estate is subject to this tax.

Not delivering the will to the court within 40 days of death

Washington law requires anyone in possession of a will to deliver it to the Superior Court within 40 days of the testator's death. Failure to comply can result in legal consequences.

Confusing a health care directive with a POLST form

A health care directive is a planning document created by the patient. A POLST (Physician Orders for Life-Sustaining Treatment) is a set of medical orders signed by a physician for patients with serious illnesses. They serve different purposes and one does not replace the other.

Assuming probate is unnecessary because property is community property

All community property is subject to probate administration for the purpose of paying community debts — even the surviving spouse's half. Probate avoidance requires either a trust or transfer mechanisms outside the probate estate.