Hiring a Wills, Trusts or Probate Lawyer in Washington
What Washington requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Washington: fee rules
| Rules on contingency fees | Under Washington RPC 1.5(c), a contingent fee agreement must be in a writing signed by the client and must state how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated, clearly notifying the client of expenses owed whether or not the client prevails. At the end, the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Where all or part of a recovery is paid in the future, the percentage fee is paid only as the client receives the amounts, or applied to the actual cost of the settlement or award to the defendant. RPC 1.5(d) bars fees in domestic relations matters contingent on securing a dissolution or annulment or on the amount of maintenance, support or property settlement, and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The Washington State Bar Association does not resolve fee disputes. It refers people to Resolution Washington and to the Washington State Dispute Resolution Centers listed by the courts. |
| If a lawyer takes your money | The WSBA's Client Protection Fund, overseen by the Client Protection Board, aims to relieve or mitigate a client's financial loss caused by a licensed legal professional's dishonesty or failure to account for money or property entrusted in connection with their law practice. Complete the Application Form (English or Spanish) and email it with supporting documents to cpfund@wsba.org; the CPF Procedures document is linked on the page. |
Washington rules to know first
| 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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| Small estate affidavit | A successor may collect the decedent's personal property by affidavit if the probate estate (not counting the surviving spouse's or domestic partner's community property interest), less liens and encumbrances, does not exceed $100,000. The affidavit may be used only after 40 days have passed since death, if no personal representative has been appointed or applied for anywhere, all debts (including funeral and burial expenses) have been paid or provided for, and written notice was given to all other successors at least 10 days earlier. The decedent must have been a Washington resident. The procedure covers personal property only (bank accounts, securities, vehicles and similar); real property cannot be transferred this way. A copy of the affidavit, with the decedent's Social Security number, must be mailed to the Department of Social and Health Services, Office of Financial Recovery. The $100,000 limit has been in place since 2006 (2006 c 360). Credit unions may also pay up to $1,000 of a member's deposits to a surviving spouse or partner on a separate affidavit (RCW 11.62.030). |
| How probate works | 1) Anyone holding the original will must deliver it within 30 days after learning of the death (40 days if the holder is the named executor, who must deliver it to the court). 2) File a petition in superior court to admit the will and appoint a personal representative (and, if desired, for nonintervention powers). 3) Within 20 days after appointment, give notice of the appointment and pendency of probate to heirs, beneficiaries and nonprobate transferees. 4) Publish and serve notice to creditors. 5) Within three months after appointment, prepare a verified inventory and appraisement (it need not be filed with the court, but must be provided on request to heirs, beneficiaries, claiming creditors and the Department of Revenue). 6) Pay claims and expenses, then close the estate and distribute. A will contest must be filed within four months after the will is admitted or rejected. |
Find and check a lawyer
| Lawyer referral service | The Washington State Bar Association does not provide referrals to private attorneys. It points the public to local county bar association referral services in Clark, King, San Juan (by email request), Snohomish and Tacoma-Pierce Counties, and to the American Bar Association's lawyer referral directory. |
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| Check that the lawyer is licensed | The Washington State Bar Association's Legal Directory lets anyone search currently licensed Washington lawyers (and limited practice officers and limited license legal technicians) for contact, license and discipline information. It shows license status and type (such as Active, Inactive, Suspended or Disbarred), email and phone, city, county and zip, and discipline notices on the profile; it does not show admission date or full street address. Practice details are voluntary and may be incomplete. |
| Check discipline history or file a complaint | The Washington State Bar Association reviews complaints (grievances) about a lawyer's ethical conduct. File online with the E-Grievance Form or print the Grievance Form and mail it to Washington State Bar Association, 1325 Fourth Ave., Suite 600, Seattle, WA 98101-2539; questions to intake@wsba.org or 800-945-9722 (206-443-9722 local). The WSBA suggests reading its guide 'Lawyer Discipline in Washington' and the grievance FAQ first. For help reestablishing communication or getting your client file, use the Request for Assistance Form instead. Discipline notices appear on lawyers' Legal Directory profiles. Online grievance form: https://onlinegrievance.wsba.org/ |
Free legal help
| Free legal aid | CLEAR (Coordinated Legal Education, Advice and Referral), run by the Northwest Justice Project, is a legal advice and referral hotline for low-income Washington residents with civil legal problems (incomes at or below 125% of the poverty line). Outside King County, call 1-888-201-1014 weekdays 9:15 am-12:15 pm; King County residents call 2-1-1 (weekdays 8:00 am-6:00 pm). Seniors 60+ can call CLEAR*Sr at 1-888-387-7111. Court-affiliated self-help centers also offer free, limited legal services to self-represented litigants. LSC lists the Northwest Justice Project as its Washington grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Washington · Do I need a lawyer?
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.