Washington Last Will and Testament 2023

Washington Last Will and Testament 2023


Jennifer Mcgee


Updated on  

March 17, 2023

8 mins


Making a Washington Last Will and Testament might have been a complicated task in the past. However, it's much easier and more flexible now with online tools. You could make an online will just through your screen and download it. However, following the state requirements is still a necessity you shouldn't overlook. That's why, before you begin your estate planning, read more about your state's rules for the last will.

Read more about what a will is and why estate planning is essential

Requirements for a Washington Last Will and Testament 

- Written and Oral: A last will and testament for Washington should typically be written down and signed. It cannot be in the form of an audio, video, or other digital file. Washington does, however, permit oral wills under specific, previously established conditions. 
- You must be at least 18 years old. 
- The testator should be of sound mind and memory and be aware of the procedure, the nature of their property, and their relationships with the beneficiaries.
A person cannot create a lawful will unless they are of sound mind and memory. 
- Testator's signature : 
To make your Washington last will and testament valid, you must sign it in front of witnesses.
- Witnesses' signatures :
Two impartial witnesses are required for the will. They also need to sign it before you do.

Try TrulyWill for Free
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

“Fast, efficient and easy way to get a will or trust completed without a high cost.”

Who can be your witnesses for a Washington Last Will and Testament? 

You must have at least two witnesses for your Washington last will that follow these conditions:

  1. They should be generally competent to perform the role of a witness. 
  2. The witnesses should be disinterested in the will. If you select a beneficiary as a witness, there must be at least two other disinterested witnesses for your Washington last will and testament. Interested witnesses could lose their estate portion in the will.

Washington rules for an oral will

Washington allows an oral last will in certain special circumstances. An oral will should also have at least two witnesses. Here's who can make an oral will:

  • A member of the U.S.A. armed forces, a merchant marine, or someone disposing of the property of less than $1,000
  • The will should be made during the testator's last sickness.
  • It should be submitted to the court within six months or be reduced to writing. 
  • The testator's widow, widower, and heirs should be issued a citation so that they can contest the oral will.

Washington rules for a personal representative or an executor 

You should name a trusted person as your executor for Washington last will. However, they should follow these conditions to be eligible for the role:

  1. Must be at least 18 or above
  2. They should be capable of performing the job, i.e., of a sound mind.
  3. They shouldn't have any felony convictions.
  4. An out-of-state executor needs to post bond and appoint a state resident as their agent.
Last will and Testament Washington 2023

Last will and Testament Notarization in Washington 

You don't need to notarize your Washington last will to make it legal. However, you should consider adding a self-proving affidavit to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a legal, self-proving affidavit.
  • You and your witnesses should go to the notary and sign the affidavit, stating who you are and that you knew you were signing a will.

Last Will Revocation in Washington 

You could follow any of these steps to revoke your Washington last will and testament:

  • Destroying the previous will by tearing, burning, and shredding.
  • Asking someone else to destroy the last will in front of you and two witnesses 
  • Making a new legal will

You need to follow the same conditions for issuing a new will as you did for making a legal last will.

Last Will Amendment rules Washington.

A Codicil could be used to update your Washington last Will if you only need to make a few minor adjustments. It enables you to change your will without having to revoke it.
However, in order to create a valid codicil for witnesses and signing, you must adhere to the same rules. It is advisable to write a new Will and revoke the old one if you want to make several changes.

Washington rules for divorce after making your last will

  • Washington law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your Washington will.

What happens if you don't have a will in Washington?


What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children, no parents, no siblings 

Spouse inherits everything 

Has a spouse and children 

Spouse inherits one-half of the separate property and the entire community property 

Children inherit the balance 

Has a spouse and parents 

Spouse inherits three-fourths of the separate property and the entire community property 

Parents inherit the balance 

Has a spouse and siblings, no parents 

Spouse inherits three-fourths of the separate property and the entire community property 

Siblings inherit the balance 

Has siblings, no parents, no spouse, no descendants 

Siblings inherit everything 

Has parents, no spouse, no descendants 

Parents inherit everything 

Last Will and Testament Washington Free Template

Downloading a free Last Will and Testament Washington template will allow you to swiftly prepare a straightforward estate plan. If you don't have a sizable estate or intricate finances, it will be your best alternative. To create your new Washington last Will and testament, you might look over the template and follow the appropriate instructions. Once you have read the information and taken the necessary actions:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state's requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

Before moving further, it's critical to speak with a professional if you're dealing with any of these problems. They could personally assist you with any questions you may have and draught a strong and legally valid Washington last Will and testament.

Your download was successfully completed!!
Oops! Something went wrong while submitting the form.
Frequently Asked Questions

Do I need a lawyer to make my last will and testament?

Generally speaking, you don't need to hire a lawyer to create your Will. You could simply make it within minutes if you use an online platform. Only really unique situations, such as complicated family relationships, could call for legal advice.

What would happen if someone passes away without a will?

The state's intestacy laws will be followed if someone dies without a will. The interested parties, like the spouse or children, would have to go through a probate process to get their share in the estate.

Can my last will and testament be oral?

A few states only recognize an oral Will as legal, provided it complies with the regulations. To be eligible to create an oral will, you must meet the state's requirements. However, you should not leave this up to chance and should instead darft a strong, valid will.

What would happen to my estate if I had no immediate family?

If you create a will before you pass away, your estate will go to the beneficiaries you've mentioned. However, if you die without a will, it could go to your extended family or even the state if there are no relatives.

What does a personal representative/executor do?

The executor of your will would be responsible for managing and settling your estate distribution after you pass away. It's always better to name a trusted adult as your personal representative.
Jennifer Mcgee
Parent to five young children. Estate Planning, Probate, and Family Law Attorney. Volunteer with Victim’s Advocates in the local sheriff's department...
Read More
Jennifer Mcgree
Do you need any help? We have a free session for you!
Talk to our team and get all the help you need to create your estate plan.
Book a free session
Thinking of creating a will to secure your loved ones?
Start your estate plan online
  • Resume anytime
  • Done from your home
  • Expert support when you need it
Make Last will and testament Online TrulyWill