Electronic Estate Planning Documents in Washington
For decades, estate planning meant one thing from a paperwork standpoint: showing up in person, pen in hand, and signing in ink. That era is not over, but it is changing. Washington has now extended the option of electronic execution beyond wills to include the full suite of non-testamentary estate planning documents, and the shift has real consequences for how families across Snohomish County and the rest of the state approach planning for the future.
The Law That Changed Things
Governor Inslee signed Substitute Senate Bill 5787 into law on March 19, 2024, and it took effect on June 6, 2024. The legislation adopted the Uniform Electronic Estate Planning Documents Act, which Washington has codified at Chapter 11.135 RCW. Under that chapter, most estate planning documents that are not wills can now be created, signed, and acknowledged entirely in electronic form.
The law does not force anyone to go paperless. Under RCW 11.135.050, nothing in the Act requires a person to use an electronic format. The option is there for those who want it. For others, traditional paper documents remain fully valid and will continue to be.
- Last will and testament
- Financial powers of attorney
- Healthcare directives
- Trust agreements
- Guardian and conservator nominations
What the Law Covers
The key distinction in Washington estate planning law runs between testamentary documents and non-testamentary documents. A testamentary document is a will, and wills are governed by a separate statute. Washington's Uniform Electronic Wills Act, codified at RCW 11.12.410 through RCW 11.12.491, has allowed electronic wills since January 1, 2022.
Chapter 11.135 RCW fills in the rest of the picture. It applies to non-testamentary estate planning documents, which generally means anything other than a will that transfers property, establishes rights, or authorizes someone else to act on your behalf. The types of documents that now fall within the Act's scope include:
Financial powers of attorney, which authorize someone to manage your bank accounts, pay bills, make investments, and handle other property matters on your behalf. These have historically been governed in Washington by the Uniform Power of Attorney Act, codified at Chapter 11.125 RCW, and that statute continues to control their substantive requirements. Chapter 11.135 RCW now enables them to be executed electronically.
Healthcare directives, which express your wishes about medical treatment and end-of-life decisions. Snohomish County residents rely on these documents heavily in elder law planning, and the ability to complete them without a physical appointment can make a meaningful difference for individuals with mobility limitations or those managing a family member's care from a distance.
Trust agreements, which allow individuals to place assets in a trust during their lifetime and direct how those assets are held, invested, and distributed.
Nominations of guardians or conservators for minor children or disabled adults, which can now also be made electronically.
How Electronic Execution Works
Signing electronically under Chapter 11.135 RCW means using an electronic signature, which the statute defines as an electronic symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. This covers the kinds of platforms already in wide use for commercial contracts, adapted now for estate planning purposes.
The law does not lower the bar for formalities that other statutes impose. Under RCW 11.135.080, if another law requires a document to be notarized or acknowledged, that requirement can be satisfied electronically, including through remote online notarization. Similarly, under RCW 11.135.090, if witnessing is required by another statute, the Act permits witnesses to sign in electronic presence rather than physical presence, provided the other requirements of the applicable statute are met.
In other words, a financial power of attorney that requires two witnesses and notarization under Chapter 11.125 RCW still requires two witnesses and notarization. Chapter 11.135 RCW simply confirms that all of that can happen electronically.
Document Retention and Certified Copies
One question that comes up with electronic documents is what happens to the original. Under RCW 11.135.100, if another law requires an electronic nontestamentary estate planning document to be retained, transmitted, copied, or filed, that requirement is satisfied by retaining an electronic record that accurately reflects the document in its final form and remains accessible as required by the other law. This is a meaningful provision, particularly for attorneys and others who serve as document custodians and need to know that a properly maintained electronic record will satisfy any applicable statutory retention obligation.
If a paper copy is needed, perhaps for presentation to a financial institution or a court, RCW 11.135.110 addresses that directly. An individual may create a certified paper copy by affirming under penalty of perjury that the paper copy is a complete and accurate reproduction of the original electronic document.
What This Means for Families
The practical effect of Chapter 11.135 RCW is most visible in two scenarios that come up regularly in estate planning representation.
The first is the aging parent or grandparent who finds it difficult to travel to an attorney's office but needs to update a durable power of attorney or sign a new health care directive. Remote execution, with electronic presence for witnessing and remote online notarization, is now a legally recognized path.
The second is the multi-party family situation, often seen in Snohomish County families with adult children living in different states or even different countries, where coordinating everyone's availability for an in-person signing can delay planning significantly. Electronic execution removes that logistical obstacle.
Families navigating elder law matters, including Medicaid planning, guardianship considerations, or the administration of a parent's affairs, benefit from the flexibility this law provides. The documents that govern who can act, what they can do, and under what circumstances are now easier to put in place while the person who needs them still has legal capacity to sign.
A Note on Implementation
As with any new law, real-world implementation takes time. Not all financial institutions, healthcare providers, or courts have developed consistent practices for handling electronically executed estate planning documents. The law at Chapter 11.135 RCW establishes clear rules for admissibility of electronic evidence, but individuals relying on electronic documents should be prepared for some variation in how third parties respond.
That is not a reason to avoid electronic execution. It is a reason to work with an attorney who understands both the statute and the practical landscape your documents will navigate once they are signed.
Working With an Attorney Still Matters
Electronic execution makes the signing step easier. It does not simplify the underlying decisions that determine whether your estate plan actually accomplishes what you intend.
The authority you grant in a power of attorney has real consequences for your financial life. The guidance you put in a healthcare directive shapes decisions that may be made on your behalf under extraordinary circumstances. The structure of a trust affects how assets are managed, protected, and eventually distributed to the people you care about.
If you have not put these documents in place, or if your existing documents predate significant life changes or the amendments described here, this is a good moment to review where things stand. The Law Office of Chad Foster works with individuals and families throughout Snohomish County on estate planning and elder law matters. Contact our office to schedule a consultation.
Need help with a estate planning matter in King or Snohomish County? Learn about our wills, trusts, and estate planning services, or call 425.785.8679 for a consultation.