How Do I Make a Valid Will in Washington?
A will is one of the simplest and most important documents you can put in place, but only if it is executed the way Washington law requires. Get the formalities right and your wishes control. Get them wrong and a court may treat you as though you left no will at all.
Who Is Allowed to Make a Will
Washington keeps the threshold question straightforward. Any person who is at least eighteen years old and of sound mind may make a will disposing of their real and personal property. That is the rule set out in RCW 11.12.010, which provides that "any person of sound mind who has attained the age of eighteen years may, by last will, devise all his or her estate, both real and personal."
"Sound mind," in this setting, is a modest standard often called testamentary capacity. Generally it means that when you sign, you understand that you are making a will, you have a general sense of what you own, and you know who the natural objects of your bounty are, meaning the people who would ordinarily expect to inherit, such as a spouse and children. You do not need a perfect memory or flawless health. You simply need to understand what you are doing at the moment you sign.
The Three Core Formalities
Washington law lists specific steps a will must follow, and they exist to prove that the document is genuine and reflects your true intent. Under RCW 11.12.020, a will must be in writing, it must be signed by the person making it, and it must be attested by two or more competent witnesses who sign the will in the maker's presence and at the maker's direction or request.
The writing requirement means Washington does not recognize a purely spoken will for ordinary estates. Your wishes must be committed to a written document.
The signature requirement means you sign the will yourself. If you are physically unable to sign, the statute allows another person to sign for you, but only under your direction and in your presence, so that it remains clearly your act.
The witness requirement is the one people most often overlook, and it is where homemade wills most often fail. You need at least two competent witnesses, and they must sign the will while in your presence and at your direction. Washington also allows witnesses to sign an affidavit that meets the requirements of RCW 11.20.020(2) rather than subscribing directly, and recent amendments to the statute recognize execution in the "electronic presence" of one another, meaning the maker and witnesses can be connected by live audio-video rather than sitting in the same room. Even so, the safest practice is a carefully supervised signing where everyone can see everyone else.
Why the Formalities Matter
These rules can feel like empty ritual until you consider what they are protecting against. Requiring a writing, a signature, and two witnesses makes it far harder for someone to forge a will, to pressure a vulnerable person into signing something they did not understand, or to later claim that a scrap of paper reflected the deceased's true intentions. When a will is challenged after death, the person who made it is no longer around to explain what happened. The witnesses and the formal execution stand in as the proof.
A closely related practice is the self-proving affidavit. When your witnesses sign a sworn statement at the time of execution, the court can usually accept the will without tracking down and questioning those witnesses years later. It is not strictly required to make the will valid, but it removes a common source of delay and expense during probate, and it is well worth including.
Wills Signed in Another State
People move, and it is common to arrive in Snohomish County with a will that was signed years ago in California, Texas, or somewhere else. Washington accounts for this. Under RCW 11.12.020, a will executed in the manner prescribed either by the law of the place where it was signed, or by the law of the testator's domicile at the time of signing or at the time of death, is treated as legally executed here and given the same force as if it had been signed under Washington's own rules.
That is reassuring, but it is not a reason to leave an out-of-state will untouched. The document may name executors who no longer live nearby, refer to property you no longer own, or fail to account for Washington's community property system. A local review is usually worthwhile after a move.
Community Property Shapes What a Will Can Give Away
One Washington feature catches many newcomers by surprise. This is a community property state, which generally means that most property acquired by either spouse during marriage belongs to both spouses together. A will can only dispose of the property the testator actually owns to give away. For community property, that means your one-half. Under RCW 26.16.030(1), neither spouse may "devise or bequeath by will more than one-half of the community property."
In practical terms, you cannot use your will to hand your spouse's half of the community estate to someone else. Understanding which assets are community property and which are separate is often the first step in building a plan that does what you intend, and it is an area where guidance pays off.
Put a Valid Plan in Place
A will only protects your family if it is made correctly, and Washington's writing, signature, and two-witness requirements leave little room for shortcuts. If you want to be sure your will is valid, properly witnessed, and built around Washington's community property rules, the Law Office of Chad Foster is here to help you get it done right. Reach out to begin.
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.