How to Make a Valid Will in Washington
What Washington law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Any person of sound mind who is 18 or older may make a will. The will must be in writing and signed by the testator, or by another person at the testator's direction in the testator's presence or electronic presence, and must be attested by two or more competent witnesses who sign their… RCW 11.12.010; RCW 11.12.020; RCW 11.12.400 to 11.12.491
| Requirements for a valid will | Any person of sound mind who is 18 or older may make a will. The will must be in writing and signed by the testator, or by another person at the testator's direction in the testator's presence or electronic presence, and must be attested by two or more competent witnesses who sign their names to the will. A will executed in another place in the manner required by that place's law is also treated as validly executed. Washington also allows electronic wills, including signing and witnessing through electronic presence. The electronic will provisions apply to people who die on or after January 1, 2022. |
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| Handwritten (holographic) wills | Washington does not recognize handwritten, unwitnessed (holographic) wills; every will must be signed and attested by at least two witnesses. A limited oral (nuncupative) will is allowed only to dispose of personal property worth up to $1,000, proved by two witnesses who were present, and offered for probate within six months; real estate cannot pass by an oral will. Special oral-will rules apply to certain members of the armed forces and merchant marine. Source: RCW 11.12.020; RCW 11.12.025 |
| Self-proving affidavit | Yes. Attesting witnesses may sign an affidavit, sworn before any person authorized to administer oaths, stating the facts they would otherwise testify to in court to prove the will. It may be made at the testator's request, or after death at the request of the executor or an interested person, and may be written on or attached to the will (or logically associated with an electronic will). The court accepts it as if the testimony had been taken in court. Source: RCW 11.20.020 |
More Washington estate law
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- Who Inherits If You Die Without a Will in Washington
- How Probate Works in Washington
- Living Wills and Advance Directives in Washington
- Revocable Living Trusts in Washington
- Executor Duties in Washington
- Letters Testamentary in Washington
- Affidavit of Heirship in Washington
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- All Washington wills, probate and estate rules
FAQ
What makes a will valid in Washington?
Any person of sound mind who is 18 or older may make a will. The will must be in writing and signed by the testator, or by another person at the testator's direction in the testator's presence or electronic presence, and must be attested by two or more competent witnesses who sign their names to the will. A will executed in another place in the manner required by that place's law is also treated as validly executed. Washington also allows electronic wills, including signing and witnessing through electronic presence.
Is a handwritten will valid in Washington?
Washington does not recognize handwritten, unwitnessed (holographic) wills; every will must be signed and attested by at least two witnesses. A limited oral (nuncupative) will is allowed only to dispose of personal property worth up to $1,000, proved by two witnesses who were present, and offered for probate within six months; real estate cannot pass by an oral will.
Does a will need to be notarized in Washington?
Yes. Attesting witnesses may sign an affidavit, sworn before any person authorized to administer oaths, stating the facts they would otherwise testify to in court to prove the will. It may be made at the testator's request, or after death at the request of the executor or an interested person, and may be written on or attached to the will (or logically associated with an electronic will). The court accepts it as if the testimony had been taken in court.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.