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A guide to making a will in Washington State

A notebook, document folder and pen arranged on a quiet desk for Washington will planning

What should you do before making a will in Washington State? Start by listing your property and intended recipients, then check the Washington requirements for completing your chosen document. Washington requires two witnesses, does not recognize holographic wills, and permits electronic wills through a state-specific legal framework. Preparing your wishes and completing the legal formalities are separate tasks.

This guide provides general information for Washington State, not personal legal advice. It distinguishes confirmed rules from details you should check with a Washington estate-planning lawyer before relying on a document.

Making a will in Washington State: start with your wishes

Begin with a planning worksheet rather than a signature page. You do not need polished legal language to organize the information a draft will need.

Gather:

  • People and organizations: Names and contact details for those you would like to benefit, plus alternatives if your first choice is unavailable.
  • Property: A working list of your home, accounts, investments, business interests and meaningful possessions.
  • Ownership records: Documents showing how property is held, including anything you are unsure belongs to you alone.
  • Family information: Your marital situation, children and other relationships you want considered.
  • Practical contacts: Someone you would like to discuss estate administration with, and an alternative.
  • Existing documents: Earlier wills and related planning papers for review.

Keep uncertainty visible. For example, write “check ownership of this account” rather than assuming that everything on your list is yours to distribute. These notes are preparation, not a determination of anyone’s legal rights.

Washington State will requirements: witnesses, writing and signing

Washington’s recorded execution rules require two witnesses. The relevant authorities are RCW 11.12.020, 11.12.400–.491.

That witness count is not a complete signing checklist. The evidence supporting this guide does not establish every Washington requirement concerning the document’s written form, the maker’s signature, witness eligibility or the sequence of signing. Before signing, check the applicable Washington State requirements for each of those points.

In particular, ask:

  • What written form and signature method apply to this document?
  • Who may serve as a witness, and may an intended recipient participate?
  • What must each witness observe, acknowledge or sign?
  • What presence and timing requirements apply?
  • Is any additional proof or notarization appropriate for the chosen procedure?

Do not copy a signing checklist from another jurisdiction. This guide also does not establish Washington’s age or capacity requirements for making a will; check those locally if relevant to your circumstances.

A handwritten note is not a substitute for checking formalities

Washington does not recognize holographic wills under the recorded rules. Do not rely on handwriting alone as an alternative to the applicable Washington execution process.

Washington also has no general harmless-error rule. In practical terms, do not plan on a mistake in execution being excused merely because your intentions seem clear. Resolve questions about the procedure before signing rather than leaving them for someone else to investigate later.

Can you make an electronic will in Washington?

Washington permits electronic wills and electronic presence under RCW 11.12.020 and RCW 11.12.400–.491. This is a Washington-specific process, not simply permission to use any online signature tool.

For Washington self-proving electronic wills, a qualified custodian is required under RCW 11.12.450–.480. Washington’s recorded rules also exclude a beneficiary from serving as custodian. Check the applicable Washington requirements for the complete execution and custody arrangements before choosing this route.

MemWall is not a custodian. Preparing a draft through MemWall should therefore not be confused with arranging qualified custody for a Washington self-proving electronic will.

If you are considering how to write a will in Washington State, you can use MemWall’s will page to begin preparing a draft for Washington review. Treat the draft as a starting point for checking your wishes and the applicable formalities, not as confirmation of legal compliance.

Who can inherit, and what property can you leave?

Start by identifying whom you want to benefit. Then separate that wish list from the legal question of what you can distribute.

Washington is a community-property state. Under the library’s Washington and community-property rules, a surviving spouse already owns half of the community property; the person making the will can dispose of their own half plus their separate property. This is an ownership distinction, not a promise that the surviving spouse inherits a particular share of everything.

Washington’s recorded rules identify no elective share, but do identify a family support award under ch. 11.54. Check how the applicable Washington provisions affect your circumstances rather than treating the absence of an elective share as unrestricted freedom over all family assets.

The evidence for this guide does not provide a complete Washington rule set for beneficiary eligibility, omitted family members or gifts involving children. Ask for Washington-specific advice if you want to exclude a family member, provide for a child, or make a gift whose wording or administration needs special attention.

For practical preparation, describe each intended gift clearly. “My grandfather’s watch, currently in the bedroom drawer” is a more useful drafting note than “the watch.” Keep explanatory family stories separate from your proposed legal instructions so a reviewer can distinguish the two.

What happens without a will in Washington?

For an answer about who receives what without a will, check Washington’s applicable intestate-succession requirements. The evidence supporting this guide does not contain Washington’s full order of inheritance or its distribution shares, so no family-share formula is provided here.

Prepare a family outline for that discussion. Include your spouse or partner, children, deceased children and their descendants, parents and siblings where relevant. Ask how Washington’s rules apply to those relationships and to the ownership of your property.

A small-estate procedure is a separate question

Washington’s recorded small-estate rules provide a $100,000 threshold, a 40-day waiting period, and transfers of personal property only, under RCW 11.62.010.

Those facts are not a complete eligibility checklist. Check Washington’s applicable requirements, including the threshold calculation and required procedure. Do not treat the amount alone as an answer to who inherits or how every asset will be handled.

Keeping the will and reviewing it later

Make a practical storage plan. Record where the signed document or relevant electronic record is held, who to contact about it, and how your chosen contact can find that information. Keep planning worksheets and unsigned drafts clearly labeled to reduce confusion.

These are organizational suggestions, not a statement of Washington’s storage, filing or delivery requirements. Check the applicable local requirements. For a Washington self-proving electronic will, remember the qualified-custodian requirement described above.

Consider reviewing your plans after a marriage, separation, divorce, birth, death, move or significant property change. These are useful review prompts, not legal deadlines or statements about the automatic effect of those events.

Before changing a signed document, check Washington’s requirements for amendment, replacement and revocation. Keep a separate list of proposed changes for discussion rather than assuming that handwritten edits, a replacement file or destroying an older copy will achieve the intended legal result.

Your next step

A useful preparation sequence is straightforward: organize your information, identify ownership questions, draft your wishes, confirm Washington’s execution requirements, and arrange appropriate storage or custody.

You can return to MemWall’s will-drafting starting point for Washington residents when you are ready to organize a draft. MemWall’s Washington-focused guidance distinguishes the local rules described here from matters needing further review; it does not guarantee that a draft satisfies Washington law. Before relying on the document, check the applicable requirements and obtain personal legal advice where your circumstances need it.