Do I Need a Will in Washington?

If you are a Washington adult with a home, a family, or anyone who depends on you, the honest answer is yes, you need a will. Without one, the state decides who inherits your property and who raises your minor children, using a fixed formula that knows nothing about your wishes. A will lets you make those decisions yourself. For families in Snohomish County, it is one of the simplest and most important steps you can take.

What Happens If You Skip It

A will is not legally required to die, but dying without one has real consequences. When a Washington resident dies without a valid will, they die intestate, and their property passes under RCW 11.04.015, the intestate succession statute. That statute distributes your estate to relatives in a set order, and it does not bend for your intentions.

Because Washington is a community property state, the result can surprise people. Under RCW 11.04.015, a surviving spouse receives all of the deceased spouse's share of the community property, but only a portion of the separate property when there are also surviving children. If you are married with children and own significant separate property, your spouse does not automatically inherit all of it. Your children take a share by law, even if leaving everything to your spouse is exactly what you intended. A will replaces that default with your actual plan.

The intestacy statute also has no place for the people outside its family tree. An unmarried partner, a stepchild you never adopted, a close friend, or a charity you care about will receive nothing under the default rules, no matter how important they were to you. The only way to provide for them is to say so in a will.

Who Can Make a Will, and What Makes It Valid

Washington keeps the basic requirements straightforward, which is part of why there is little excuse to go without one. Under RCW 11.12.010, any person of sound mind who has reached the age of eighteen may make a will disposing of their property.

The execution requirements come from RCW 11.12.020. A valid will generally must be in writing, signed by the person making it, the testator, or by someone else at the testator's direction and in their presence, and it must be attested by two or more competent witnesses who sign the will. The modern statute also recognizes certain electronic and affidavit-based methods, but the core remains the same: a written document, properly signed, and properly witnessed. Meeting these formalities is what separates an enforceable will from a piece of paper a court will disregard. This is also why a quick, informal note or a verbal promise is not a reliable substitute.

Naming Someone to Raise Your Children

For parents, this may be the single most compelling reason to have a will. A will lets you nominate a guardian for your minor children if both parents are gone. Under RCW 11.130.215, the court is directed to appoint the person a parent nominates as guardian in a will or other qualifying record, unless it finds that doing so would be contrary to the child's best interest. In effect, your will gives you a powerful voice in who raises your children. Without it, that decision is left entirely to a court, which may not know your family or your wishes, and family members may end up in conflict over it.

Choosing Who Settles Your Estate

A will also lets you name your personal representative, the person who gathers your assets, pays your debts, and distributes what remains. If you do not name one, the court appoints someone according to a statutory priority order, which means a default rule, rather than you, decides who handles your affairs. Naming a trusted, capable person in your will, and giving them what is known as nonintervention powers, can make administering your estate far simpler and less expensive for your family. It is a quiet benefit of a will that pays off precisely when your loved ones are least equipped to deal with red tape.

A Note on Community Property

A will controls your property, but in Washington it controls only your half of the community property. Under RCW 26.16.030, neither spouse may give away by will more than one-half of the community property. You can direct your separate property and your share of the community property, but you cannot will away your spouse's half. This is a useful thing to understand when planning, because it shapes what your will can and cannot accomplish, and it is one reason many couples coordinate their estate plans together.

Is a Will Enough, or Do You Need More?

A will is the foundation, but it is not always the whole structure. Depending on your situation, you may benefit from additional tools that work alongside a will, such as a durable power of attorney for finances, a healthcare directive, and, for some families, a living trust to avoid probate or to provide for a child with special needs. A will alone still has to go through probate, while certain assets, like retirement accounts and life insurance, pass by beneficiary designation outside the will entirely. A good plan makes sure your will and those designations point in the same direction rather than working against each other.

The Bottom Line for Snohomish County Families

You do not need to be wealthy or elderly to need a will. If you are a Washington adult, and especially if you are married, have children, own a home, have separate property, or have people in your life the intestacy statute would overlook, a will changes the outcome in ways that matter. It is a relatively simple document that delivers outsized peace of mind, sparing your family from the state's default rules during an already difficult time.

If you have been meaning to put a will in place, or you are not sure whether your existing one still fits your life, the Law Office of Chad Foster helps Snohomish County families create clear, valid estate plans built around their wishes. Reach out to start the conversation about protecting the people who depend on you.