Wills & Trusts

A thoughtful estate plan is one of the most valuable things you can leave your family. It decides who receives your property, who manages the process, and who cares for your children, and it spares the people you love from making those decisions in a courtroom. The Law Office of Chad Foster helps individuals and families throughout King and Snohomish Counties build estate plans that fit their lives.

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Wills in Washington

Any person of sound mind who is at least eighteen years old may make a will in Washington (RCW 11.12.010). To be valid, the will must be in writing, signed by you (or by someone else at your direction and in your presence), and attested by two competent witnesses (RCW 11.12.020). Most wills also include a self-proving affidavit (RCW 11.20.020), which lets the court admit the will to probate without tracking down the witnesses years later.

A will lets you decide who inherits your property, name the personal representative who will administer your estate, nominate a guardian for your minor children, and create trusts that take effect at your death. Just as important is what happens without one: if you die intestate, Washington's intestacy statutes (Chapter 11.04 RCW) decide for you. A surviving spouse generally receives all of the community property, but may receive only a portion of your separate property, with the remainder passing to children or other relatives, a result that surprises many families.

Trusts

A trust is a legal arrangement in which a trustee holds and manages property for beneficiaries. Washington trusts are governed primarily by the Washington Trust Act (Chapter 11.98 RCW), and trust disputes are resolved under the Trust and Estate Dispute Resolution Act, known as TEDRA (Chapter 11.96A RCW).

Common tools we use include:

  • Revocable living trusts: you keep full control during life, the trust manages assets if you become incapacitated, and assets held in trust pass to beneficiaries without probate.
  • Testamentary trusts: created inside your will, often to manage an inheritance for children until an age you choose.
  • Special needs trusts: provide for a loved one with a disability without jeopardizing their public benefits.
  • Community property agreements (RCW 26.16.120), a uniquely useful Washington tool for married couples that can vest all community property in the surviving spouse without probate. Powerful, but not right for every couple, particularly where estate tax planning or blended families are involved.

Whether a trust belongs in your plan depends on your assets, your family, and your goals, not on a one-size-fits-all rule. Many Washington estates are administered efficiently through probate, so we recommend trusts where they genuinely earn their keep.

Estate Tax Planning

Washington imposes its own estate tax (Chapter 83.100 RCW), separate from the federal estate tax. The rules changed twice in quick succession, so timing matters, and the date of death controls which version applies.

Effective July 1, 2025, the Washington exemption increased from $2.193 million to $3 million per person (ESSB 5813), and rates on larger estates rose at the same time, topping out at 35% for taxable estates over $9 million. For deaths between July 1, 2025 and June 30, 2026, that higher rate structure applies, and the exemption for this window is inflation-adjusted to roughly $3.076 million.

A follow-up law, ESB 6347 (signed March 24, 2026), then rolled the rates back. For deaths on or after July 1, 2026, the top rate returns to 20%, restoring the graduated bracket structure that existed before ESSB 5813. The exemption stays at $3 million but is effectively frozen going forward, because the new law reverts to an older inflation reference rather than continuing the prior annual adjustment. At the federal level, the estate, gift, and generation-skipping transfer exemption rises to $15 million per individual beginning January 1, 2026.

Because the Washington exemption is far lower than the federal one, families who would never owe federal estate tax can still face a Washington estate tax bill, especially in King and Snohomish Counties, where home equity alone can put an estate near the threshold. Planning tools such as credit shelter trusts, lifetime gifting, and charitable strategies can meaningfully reduce that exposure. Because these thresholds are mid-transition, we confirm the current figures against the Department of Revenue before relying on them in any plan.

For a full breakdown of the 2025 and 2026 changes, see our guide to Washington's estate tax changes for 2025 and 2026.

Keeping Your Plan Current

An estate plan is not a one-time document. Marriage, divorce, births, deaths, moves to or from Washington, and significant changes in assets or in the law can all make an old plan do the wrong thing. We recommend reviewing your plan every few years and after any major life event. A complete plan usually also includes a durable power of attorney and advance healthcare directives, so someone you trust can act for you during your lifetime, not just after it.

Our wills and trusts services include:

  • Wills, including testamentary trusts and guardian nominations
  • Revocable living trusts and trust funding
  • Community property agreements
  • Washington estate tax planning
  • Special needs planning
  • Plan reviews and updates

Common Questions

Does having a will avoid probate?

No. This is the most common misconception we hear. A will does not avoid probate; it directs it, telling the court who inherits and who serves as personal representative. Avoiding probate, where that's a goal, is done with other tools: living trusts, beneficiary designations, joint ownership with survivorship, and community property agreements. Washington's probate process is efficient enough that avoidance is not always worth the added complexity.

Can I write my own will?

Washington does not recognize unwitnessed handwritten (holographic) wills made in this state. A homemade will that misses the execution requirements of RCW 11.12.020, or one that is validly signed but poorly drafted, can fail entirely or trigger exactly the family dispute it was meant to prevent. The cost of doing it correctly is small compared to the cost of litigating it later.

What can make a will invalid?

The most common challenges are improper execution, lack of testamentary capacity, and undue influence, typically raised when a will makes a surprising late-life change benefiting a caregiver or new acquaintance. Careful drafting, contemporaneous documentation, and proper witnessing are the best protection against a later contest.

What about my digital assets?

Washington has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (Chapter 11.120 RCW), which lets your will, trust, or power of attorney authorize a fiduciary to access online accounts and digital property. Without that authorization, families can find themselves locked out of photos, accounts, and records.

Get Started

Estate planning is easiest when it happens before it is urgent. Contact the Law Office of Chad Foster to discuss your situation and put the right documents in place.

Call us at 425.785.8679 or email help@ChadAtLaw.com.