How Do I Probate an Out-of-State Will in Washington?

Your mother signed her will in Arizona twenty years ago and moved to Mill Creek last spring. Now she has died as a Washington resident, and you are holding the original will from somewhere else.

An out-of-state signature does not by itself require a second probate or a new will. When the person was a Washington resident at death, this is an ordinary Washington probate, and RCW 11.12.020 determines whether the earlier will was legally executed. This guide focuses on that situation. If the person remained a resident of another state and left Washington property, the separate guide to ancillary probate explains that process.

Is a Will Signed in Another State Valid in Washington?

Almost always, as far as the signing formalities go. RCW 11.12.020 sets Washington's own requirements: a written will, signed by the testator, and attested by two or more competent witnesses. It then adds a rule for wills from elsewhere. A will executed in the mode prescribed by the law of the place where it was executed, or of the testator's domicile, either at the time of signing or at the time of death, is deemed legally executed and has the same force as a will signed the Washington way.

So a will does not have to match Washington's own rules if it matched the rules of the place where it was signed or the place where the person was domiciled. The statute also says it applies to all wills, whenever they were executed.

The practical effect is that a move to Washington does not make an old will invalid. The rule even reaches a handwritten, unwitnessed will that was valid where it was made, a point covered in what is a holographic will.

When the Person Lived in Washington

If your family member was a Washington resident at death, this is an ordinary Washington probate. The original will is filed with the superior court along with a petition, and the court admits the will under RCW 11.20.020 and appoints the personal representative. The article on how to start the probate process walks through those steps.

The out-of-state signing matters mainly for proof. RCW 11.20.020 lets attesting witnesses give their testimony by affidavit made before any person authorized to administer oaths, and the court accepts that sworn statement as if it had been given in court. Many wills carry an affidavit like that from the day they were signed. When they do not, finding witnesses from another state decades later can be hard. RCW 11.20.040 addresses that: a witness's absence from the state or inability to testify does not prevent probate, and the court may admit the will on satisfactory testimony that the handwriting of the testator and of the absent witness is genuine, or may consider other facts and circumstances that tend to prove the will.

As for where to file, RCW 11.96A.050 generally lets the petitioner select the county, and gives other parties four months from the mailing of the notice of appointment to ask that the case be moved to the county where the decedent lived. For a Snohomish County resident, the natural choice is the superior court in Everett.

Can an Out-of-State Executor Serve in Washington?

Yes, if the person is otherwise qualified, with one extra step. Under RCW 11.36.010, a nonresident may be appointed as personal representative if the nonresident appoints an agent, in writing and filed with the court, on whom all papers may be served. The agent must be a resident of the county where the estate is being probated or the estate's attorney of record. The same section requires a nonresident personal representative to file a bond unless bond has been waived.

What the Old Will May Not Account For

A will can be perfectly valid and still be out of step with Washington law, especially if it was written in a state without community property. Under RCW 11.02.070, when a married person dies, one half of the community property is confirmed to the surviving spouse and only the other half passes under the will. RCW 26.16.230 applies a similar split to quasi-community property, which RCW 26.16.220 defines to include property acquired while domiciled elsewhere that would have been community property if acquired while domiciled here. A will that says "I leave everything to my children" may control less than the person who wrote it assumed.

Old wills also tend to predate family changes. Review gifts to a former spouse if a divorce occurred after the will was signed.

A Worked Example

Suppose Helen signed a will in Arizona in 2005 and moved to Everett in 2024, where she dies. Her son Paul, who lives in Phoenix, is named as executor. Paul files the original will in Snohomish County Superior Court. Assume the will met Arizona's signing requirements. RCW 11.12.020 then treats it as legally executed in Washington. Paul names his Washington attorney as his agent for service under RCW 11.36.010, posts a bond unless bond has been waived, and is appointed personal representative.

Review the Will Before Filing

For a Washington resident whose will was signed elsewhere, the key questions are whether the will was validly executed, how to prove it, and whether its terms still fit the family and property. The Law Office of Chad Foster can help you review those questions. Call 425.785.8679 to talk with a Snohomish County probate attorney about a will that was signed somewhere else.