How to Make a Will in Washington

Making a will in Washington ensures your wishes are legally documented, and your loved ones are catered for once you are gone. You can make your will in Washington by following the steps and formalities in this article. 

What are the Steps to Create a Will in Washington

Below are the steps for making a valid will in Washington:

1. Make a list of all your property and assets;
2. Decide who will inherit which property;
3. Make a list of your beneficiaries and the property you intend for them to inherit;
4. Appoint an executor who will be in charge of administering your estate;
5. Appoint a guardian for your minor children;
6. Appoint a guardian for your pets;
7. Write your will;
8. Sign your will in front of two competent witnesses;
9. Store your will safely, preferably in a safe deposit box. 

What Happens if I Don’t Have a Will?

When you die without a will, you are considered to have died intestate. Your estate is devolved according to the Washington intestate laws, which lean towards the inheritance of close and immediate family members such as your spouse and children when you do not have a spouse or children, your parents when you do not have parents, your siblings when you do not have siblings, your relatives. 

What are the Requirements for Writing a Last Will and Testament in Washington?

To make a will in Washington, one must:

1. Be of sound mind
2. Be at least 18 years old
3. Have the testamentary capacity to understand the process of making the will. 
4. In instances where the will has been made online, print the will on actual paper.

How Often Should You Review and Update Your Washington Will?

You should review and update your Washington regularly, preferably twice a year. Revising and updating your will regularly ensure that your final wishes are updated promptly. For example, you may have included newly acquired property in the will, disinherited someone who has wronged you, or catered for a new child who has been born. 

How to revise and update your will in Washington

You can revise and update your will by revoking your old will and writing a new will that expressly revokes the old will. Conversely, the most common way of revising or updating your will is using an instrument known as a ‘codicil.’ The codicil should refer to the original will and be made in the same manner as the original will. 

What Makes a Will Valid in Washington?

A will is valid in Washington when made by a testator above 18 years old and of sound mind and reasoning. The testator should sign the will in the presence of two competent witnesses. The will must be in writing to it to be considered valid. 

Can a Handwritten Will Be Valid in Washington?

Yes, handwritten wills are valid when the testator writes them. The testator must sign the will. Unlike many states, Washington does not require witnesses for a holographic will for the will to be valid. However, having witnesses can help verify the validity of the will. 

How Do I Sign My Washington Will?

Washington laws provide that your will should be signed at the end of the will by the testator or a person authorized to sign on behalf of the testator in the testator’s presence. The signing of the will should be witnessed by two competent witnesses who observe the testator signing the will. 

What Can I Include in an Online Will in Washington?

LegalPen, an online writing company, creates online wills for our clients in Washington. The following are clauses you can include in an online will in Washington:

1. Listing Assets
2. Listing debts and liabilities
3. Listing beneficiaries
4. Appointing an executor
5. Choosing a guardian for your minor children
6. Allocating specific bequests
7. Making provision for digital assets
8. Specifying outstanding debts and liabilities
9. Stipulating funeral and burial instructions

Types of assets covered in a Washington will

The types of assets one can cover in Washington will include:

1. Real property, such as land and real estate
2. Personal Property: antiques, vehicles, sentimental items, jewelry, pets, personal items, furniture, and appliances.
3. Digital Assets: YouTube accounts, online accounts, social media, and other logins.
4. Money in bank accounts, shares in companies, business assets and interests.

In addition to knowing assets that should be in a will, it is essential to know assets that do not belong in a will, such as jointly owned property and life insurance policies.

Can I Revoke or Change My Will in Washington?

Yes, you can revoke or change your will in Washington. One can revoke one’s will by destroying it, writing a new one, or, impliedly, operating the law. Additionally, one can change their will by making an amendment using an instrument using a ‘codicil.’ 

How do you Revoke or change your will in Washington

You can revoke or change your will in Washington by:

1. Destroying it: you can destroy your will by obliterating, canceling, or burning it to revoke it. The destruction must be intentional. 
2. Executing a new will: You can revoke a will by executing a new one that expressly revokes the old one.
3. Operation of the law: revocation by operation of law can be through a subsequent marriage or divorce. 

Additionally, you implement changes by updating your will through an instrument known as a ‘codicil,’ which is an amendment to and supplement to the existing will. 

Can I Make a Digital or Electronic Will in Washington?

Yes, you can make a digital or electronic will in Washington. Washington is one of the few states in the United States that allows the making of digital or electronic wills. Digital wills can be made using free online will-making platforms or by engaging the services of an online will-writing company. Once the digital or electronic will is made, the testator can print it, sign it, have it witnessed, and store it safely. 

Who Can Witness a Will in Washington? 

A witness is a person who observes the execution of a will. A witness should be:

1. At least 18 years old
2. Literate: they should read and understand English
3. Not be beneficiaries in the will. 

Should My Will Name an Executor?

Yes, your will should name an executor. When you fail to name an executor, the probate court appoints a personal representative to administer your estate. Leaving the court’s discretion to choose a personal representative on your behalf exposes the estate to additional administrative costs and risks of the estate being handled by a conscientious administrator.

What are the Washington will executor requirements?

The Washington Code, section 11.28.040, provides for requirements for one to be considered an executor; they should:

1. Be at least 18 years
2. Be of sound mind
3. Not be convicted of a felony 

Additionally, you may appoint corporate executors who are:

1. A nonprofit company;
2. A professional limited liability company or
3. A national bank or trust company. 

What Happens to a Will After Death in Washington? 

After death, the will is filed with the superior court in the county where the decedent resided. When the will appoints an executor, the executor will file the will at the superior court. After filing the will, it is legitimized, and then the property is distributed in accordance with the will after the estate debts and liabilities are paid. 

What is the Impact of Marriage and Divorce on Your Washington Will

Section 14 of the Wills Act 1970 states that the marriage of a testator revokes a will. Once one is married, if they fail to make a new will, their old will shall be invalid. Once your will is considered invalid, you are deemed to have died ‘intestate.’ Similarly, divorce cancels the willmaker’s will except when the will was made with the divorce in contemplation. A will for married couples can aptly capture situations such as divorce revoking or not revoking a will. 

Do all wills in Washington have to go through probate?

No, not all wills in Washington have to go through probate. Small estates can avoid probate by registering themselves as small estates.  Medium-large estates have to go through probate. The will goes through probate to ensure its validity and the will is legitimized. Once the will is legitimized, the deceased’s estate can be divided as provided. 

Is Washington a community property state?

Yes, Washington is a community property state. For community property estates, property acquired after marriage is considered community property. Spouses divide the property equally, and one spouse cannot dispose of property without the other’s permission. 

How is Washington intestate succession done?

When you die without a will in Washington, you are considered to have died ‘intestate.’ When you die intestate, the probate courts follow the intestate succession laws. Your property devolves to your spouse, children, siblings, parents and grandparents.

The probate court appoints an administrator of your estate who is in charge of managing the affairs of your estate. 

How is Estate and Inheritance tax in Washington done?

In Washington, other than the federal estate tax, it charges estate tax. However, Washington does not charge inheritance tax. Additionally, according to the Washington inheritance laws, if the value of your estate is below $ 2,193,000, you are exempt from filing a state estate tax return. 

What are the Differences Between a Simple Will and Video Will in Washington? 

In Washington, a simple will is written and signed by the testator in the presence of two competent witnesses while a video will is a will created by the testator recording their final wishes in an audio-visual format. Audio wills should be reduced to writing.