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Wills and estate planning in Washington
Researched 2026-10-20 · confidence: high · 2026 figures
In plain words: in Washington a will is valid when it's signed in front of 2 adult witnesses. There is a state estate tax. The federal estate tax exemption is $15,000,000 a person in 2026.
| Witnesses to a will | 2 (a third is a common precaution here) |
|---|---|
| Handwritten (holographic) will | Not recognised |
| Self-proving affidavit | Available |
| Electronic wills | Allowed |
| Power of attorney | No notary + 2 witnesses · Uniform Power of Attorney Act |
| Health care directive | 2 witnesses or a notary |
| State estate tax | Yes |
| State inheritance tax | No |
| Community property | Yes |
| Age of majority / UTMA age | 18 / 21 |
Signing a will
Statute: RCW 11.12.020.
The will stays valid, but a gift to a witness creates a rebuttable presumption that the witness procured it by duress, fraud or undue influence unless two other disinterested witnesses also signed. If the presumption is not rebutted, the witness takes no more than their intestate share (RCW 11.12.160).
The will is signed by the testator (or by another at the testator's direction) and attested by 2+ competent witnesses who sign in the testator's presence or ELECTRONIC presence. Counterparts are allowed for remote signing (RCW 11.12.020). Electronic Wills Act: RCW 11.12.400-.491, applying to decedents dying on or after Jan 1, 2022, with qualified custodian rules. Holographic wills are not recognized; nuncupative wills are only in limited cases (RCW 11.12.025). Self-proving: witnesses make an affidavit before a person authorized to administer oaths (RCW 11.20.020(2)). Community property state, so a will disposes only of the decedent's half of community property.
Power of attorney
Statute: RCW 11.125 (Washington Uniform Power of Attorney Act, 2016 c 209).
Signed and dated by the principal, then EITHER acknowledged before a notary OR attested by 2 competent witnesses (RCW 11.125.050(1)). The witnesses may not be the principal's home care providers or care providers at the principal's adult family home or long-term care facility, and may not be related to the principal or agent by blood, marriage or registered domestic partnership. The app should default to notarization: reliance protection applies to ACKNOWLEDGED POAs (RCW 11.125.190-.200), and recording real property needs it. No statutory POA form; only an agent's certification form (RCW 11.125.430). Hot powers needing an express grant (RCW 11.125.240(1)): living trusts, gifts, survivorship rights, beneficiary designations, delegation, survivor-annuity waivers, fiduciary powers, powers of appointment, community property agreements, directing trustee distributions, nonprobate transfer provisions (RCW 11.02.091), and health care decisions.
Health care directive
Called: Health care directive (living will); agent appointed by durable power of attorney for health care.
Statute: RCW 70.122 (Natural Death Act), RCW 70.122.030; health care agent via durable POA under RCW 11.125.400.
Witnesses may not be related to the declarer by blood or marriage, may not be entitled to any part of the estate or have a claim against it, and may not be the attending physician or an employee of the attending physician or of a health facility where the declarer is a patient (RCW 70.122.030).
Sign before 2 qualified witnesses OR acknowledge before a notary (RCW 70.122.030). The statute contains a model directive form. I did not confirm a state-agency form URL (Northwest Justice Project / WashingtonLawHelp publishes one). A health care agent is appointed in a durable POA under RCW 11.125, which has the separate execution rule of RCW 11.125.050 (notary or 2 qualified witnesses).
If there's no will: what a spouse gets
The spouse does NOT take everything: they take all of the decedent's share of the net community estate plus one-half of the net separate estate if issue survive, and the issue take the other half of the separate estate (RCW 11.04.015(1)).
A spouse's right to a share
No elective share; the surviving spouse is protected through community property (each spouse owns half) and quasi-community property rules, plus homestead and family awards. The RCW 26.16 quasi-community cites are from general knowledge and were not fetched.
Estate and inheritance tax
Washington estate tax applies. The exclusion is $3,076,000 for deaths Jan 1 to June 30, 2026, and $3,000,000 for deaths on or after July 1, 2026, with CPI indexing starting in 2027 (RCW 83.100.020).
No inheritance tax.
Probate
Probate is light: nonintervention powers let the personal representative administer without court supervision (RCW 11.68). A small-estate affidavit is available for probate estates of $100,000 or less (excluding the spouse's community half), 40+ days after death (RCW 11.62.010).
Money God drafts a Washington will, power of attorney and health care directive from a short interview, then you send it to your attorney for review before signing.
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Researched from state statutes and official forms. Laws change; this page is information, not legal advice. Every Money God draft is reviewed by a licensed attorney in your state before you sign it.