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Washington modernized its will law further than almost any state: a will can be signed and witnessed in the testator’s “electronic presence,” and the witnesses can sign an affidavit instead of the will itself. What Washington still refuses is the unwitnessed handwritten will — holographic wills executed here are invalid. And as a community property state with a hefty estate tax, what happens without a will has its own arithmetic. Online services prepare a Washington-specific will for $199–$299. Every rule below cites the Revised Code of Washington.
Washington made wills easier to sign — not less necessary.
If your wishes are straightforward, an online service like Trust & Will prepares a Washington-specific will with the witness pages and affidavit laid out so the signing is done right the first time.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
Washington Will Requirements (2026)
RCW 11.12.020 sets the execution rules — and they read like they were written this decade, because they were:
| Requirement | Washington rule | Statute |
|---|---|---|
| In writing | A written will — and Washington expressly permits electronic execution with counterparts treated as one document | § 11.12.020 |
| Signed | By you, or by another under your direction in your presence or electronic presence | § 11.12.020 |
| Witnessed | Two or more competent witnesses who either subscribe the will or sign the statutory affidavit instead, while in your presence or electronic presence | §§ 11.12.020, 11.20.020(2) |
| Notarized | Not required for validity | — |
Who can make a will: anyone of sound mind who has reached 18 (§ 11.12.010). The affidavit option is quietly powerful: because the witnesses’ affidavit doubles as the probate proof, a properly executed Washington will arrives at court already self-proved.
Electronic Wills and Remote Witnessing: Legal in Washington
Washington built electronic execution directly into its core will statute (2022): the signing and the witnessing may occur in “electronic presence,” and a will executed electronically in counterparts is a single valid document (§ 11.12.020). Washington is one of the few states where this is settled statutory law rather than a pending bill. Practical note: most people — and most online services, including Trust & Will — still execute on paper with everyone in the room, which remains the simplest path through probate.
Handwritten Wills Are Invalid in Washington — With a Traveler’s Exception
Washington does not recognize holographic wills: the two-witness requirement of § 11.12.020 has no handwriting exception, so an unwitnessed handwritten will signed in Washington is just paper. The exception is geographic: Washington honors a will that was valid under the law of the place where it was executed — so a holographic will validly made in, say, Arizona or California before you moved stays admissible. (Florida, notably, refuses even that; Washington doesn’t.)
The $1,000 deathbed oral will
A Washington oddity worth knowing exists more than using: in a last illness, a competent person may make an oral will for personal property up to $1,000 — two witnesses, reduced to writing, offered for probate within six months (§ 11.12.025; members of the armed forces and merchant marine get a broader version for wages and personal property). A curiosity, not a plan.
Dying Without a Will in Washington: Community Property Arithmetic
Washington’s intestacy statute (§ 11.04.015) runs on the community/separate property line:
| Property / situation | What the surviving spouse (or registered domestic partner) receives |
|---|---|
| Community property (acquired during the marriage) | All of it — the spouse keeps their half and inherits the decedent’s half |
| Separate property — with children or descendants | One-half; the children take the other half (blended family or not) |
| Separate property — no children, but parents or siblings survive | Three-quarters; the parents or siblings take a quarter |
| Separate property — no children, parents, or siblings’ issue | All of it |
The separate-property half is the trap — inheritances, premarital assets, and gifts. With children, half of that passes to them at 18, outright; without children, your parents or siblings co-inherit a quarter alongside your spouse. And because Washington’s estate tax kicks in at one of the lowest thresholds in the country, dying intestate and unplanned can compound the damage: see our state estate tax guide for the current Washington numbers.
What a Will Costs in Washington
| Route | Typical cost | What you get |
|---|---|---|
| Handwritten, no witnesses | $0 | Invalid if signed in Washington |
| Online service | $199 individual / $299 couple | Washington-specific will with witness pages and affidavit, done in about an hour |
| Washington attorney | Flat fees vary — Seattle metro runs well above the rest of the state | Custom drafting and counsel, including estate-tax planning at Washington’s low threshold |
Online pricing verified against Trust & Will’s published rates (August 2026). Washington’s bar publishes no fee survey, so we quote no attorney figures we can’t source. See how Washington compares with the rest of the country for national cost ranges and a state-by-state table of will requirements.
What a Washington Will Does Not Do
1. A will does not avoid probate. Washington probate is comparatively humane — nonintervention administration keeps the court at arm’s length — but it’s still a public process. If avoiding it matters, that’s a living trust’s job: see what a living trust costs in Washington.
2. A will does not reduce Washington’s estate tax. The tax applies at one of the nation’s lowest thresholds whether you have a will or not — planning around it is the real work for Washington homeowners; the will is the floor, not the ceiling.
3. A will does not cover incapacity, and does not override beneficiary designations. Pair it with a durable power of attorney and health care directive — see the five documents every family needs — and keep beneficiary forms current.
Will vs. Trust for Washington Families
Every Washington adult needs a will. The trust question is sharper here than in most states for one reason: home values plus Washington’s estate-tax threshold put ordinary Seattle-area families into taxable territory, and a trust is where that planning happens. Start with Trust vs. Will: Which Does Your Family Need? and the numbers in our Washington living trust cost guide.
If the will is what you need today, Trust & Will’s Washington package includes the witness pages, guardianship nominations, and healthcare documents — build your Washington will here.
FAQ
Does a will have to be notarized in Washington?
No. Validity takes your signature and two competent witnesses — who may subscribe the will or sign the statutory affidavit (§ 11.12.020). The affidavit doubles as probate proof, so a notary is never strictly required.
Can my witnesses appear by video in Washington?
Yes — Washington’s statute expressly allows execution and witnessing in the testator’s “electronic presence” (§ 11.12.020), one of the few states where that’s settled law.
Are handwritten wills legal in Washington?
Not if signed here — Washington has no holographic exception. A holographic will validly executed in another state before you moved is honored.
What is Washington’s $1,000 oral will?
In a last illness, an oral will can pass personal property up to $1,000 with two witnesses, if reduced to writing and offered for probate within six months (§ 11.12.025). A legal curiosity — not a plan.
What happens if I die without a will in Washington?
Your spouse takes all the community property, but only half your separate property if you have children — or three-quarters if your parents or siblings survive you childless (§ 11.04.015).
Does a will avoid probate or Washington’s estate tax?
Neither. Wills go through probate, and the estate tax applies regardless. Living trusts, beneficiary designations, and community property agreements are the probate-avoidance tools; estate-tax planning is its own exercise.
Washington Law Cited on This Page
- RCW 11.12.010 — who may make a will
- RCW 11.12.020 — requisites; electronic presence; witness affidavit
- RCW 11.12.025 — nuncupative wills
- RCW 11.04.015 — descent and distribution
Update log — August 2026: page created; all statutory requirements verified against the Revised Code of Washington at the Legislature’s official site. Reviewed when Washington law changes.