Revocable Living Trusts in Washington
How revocable living trusts work under Washington law and the other ways to pass property without probate.
Short answer: Washington has not adopted the Uniform Trust Code; trusts are governed by the Trust Act (RCW 11.98) and the revocable trust chapter (RCW 11.103). RCW 11.98.008; RCW 11.103.030
| Revocable living trust | Washington has not adopted the Uniform Trust Code; trusts are governed by the Trust Act (RCW 11.98) and the revocable trust chapter (RCW 11.103). A trust may be created by transferring property to a trustee during life or by will, by declaring that you hold identifiable property as trustee, or by exercising a power of appointment. Important difference from many states: in Washington, a trust can be revoked or amended only if its terms expressly provide that it is revocable, so a living trust document should say so. Property transferred to the trustee passes under the trust terms without probate; assets left in the decedent's own name may still need probate or a small estate affidavit. Trust creation: https://app.leg.wa.gov/RCW/default.aspx?cite=11.98.008 Source: RCW 11.98.008; RCW 11.103.030 |
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| Ways to avoid probate | Non-probate transfers available in Washington: (1) Transfer on death deed for real estate (RCW 64.80). (2) Joint accounts with right of survivorship, P.O.D. and trust accounts at financial institutions, where funds belong to the surviving depositor or named beneficiary (RCW 30A.22.100). (3) Transfer-on-death registration of securities in beneficiary form (RCW 21.35). (4) Vehicles titled to joint tenants with right of survivorship pass to the survivor on a death certificate (Washington DOL). (5) Small estate affidavit for personal property (RCW 11.62.010). (6) Revocable living trust (must expressly say it is revocable, RCW 11.103.030). TOD securities: https://app.leg.wa.gov/RCW/default.aspx?cite=21.35.005; TOD deed: https://app.leg.wa.gov/RCW/default.aspx?cite=64.80&full=true |
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- Affidavit of Heirship in Washington
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FAQ
How do living trusts work in Washington?
Washington has not adopted the Uniform Trust Code; trusts are governed by the Trust Act (RCW 11.98) and the revocable trust chapter (RCW 11.103). A trust may be created by transferring property to a trustee during life or by will, by declaring that you hold identifiable property as trustee, or by exercising a power of appointment. Important difference from many states: in Washington, a trust can be revoked or amended only if its terms expressly provide that it is revocable, so a living trust document should say so. Property transferred to the trustee passes under the trust terms without probate; assets left in the decedent's own name may still need probate or a small estate affidavit.
How can you avoid probate in Washington?
Non-probate transfers available in Washington: (1) Transfer on death deed for real estate (RCW 64.80). (2) Joint accounts with right of survivorship, P.O.D. and trust accounts at financial institutions, where funds belong to the surviving depositor or named beneficiary (RCW 30A.22.100). (3) Transfer-on-death registration of securities in beneficiary form (RCW 21.35). (4) Vehicles titled to joint tenants with right of survivorship pass to the survivor on a death certificate (Washington DOL). (5) Small estate affidavit for personal property (RCW 11.62.010). (6) Revocable living trust (must expressly say it is revocable, RCW 11.103.030).
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.