Is Washington a community-property state?

Yes. Property acquired during marriage is generally community property, so a surviving spouse already owns half. This affects how an intestate estate is divided.

How many witnesses does a Washington will need?

Two competent witnesses who sign at your request. A self-proving affidavit before a notary is optional but speeds up probate.

What are nonintervention powers in Washington?

They let a Personal Representative settle a solvent estate without ongoing court supervision, which makes Washington probate efficient and inexpensive.

Does Washington allow handwritten wills?

Generally no for wills made in Washington. A valid Washington will must be witnessed by two competent people.

Making a Will in Washington: Rules You Need to Know

Washington is a community-property state with a flexible probate system that lets many estates settle with minimal court involvement. Marital property is treated differently than in common-law states. This is general information, not legal advice — consult an attorney in your state.

Who can make a will in Washington?

In Washington you must be at least 18 and of sound mind. Sound mind means you understand you are making a will, know generally what you own, and recognize the people who would ordinarily inherit from you.

Capacity and signing freely are what protect the will against a later challenge.

What are the witness and notary rules?

A Washington will must be in writing, signed by you, and attested by two competent witnesses who sign at your request. Washington generally does not recognize holographic (unwitnessed handwritten) wills made in-state.

Notarization is not required for validity, but Washington allows a self-proving affidavit before a notary, which lets the court admit the will without the witnesses testifying.

Two competent witnesses who sign at your request.
Holographic wills generally not recognized if made in Washington.
A self-proving affidavit before a notary streamlines probate.

Is the executor called a Personal Representative?

Yes. Washington uses Personal Representative for the person who administers an estate, whether named in the will (an executor) or appointed by the court (an administrator). Washington often grants nonintervention powers so the Personal Representative can settle the estate without court supervision.

Nonintervention administration is one reason probate in Washington can be efficient and inexpensive for solvent estates.

What happens if you die without a will in Washington?

If you die intestate, Washington's statute gives your share of community property and a portion of separate property to your surviving spouse, with the rest of separate property going to children or other relatives.

Because Washington is a community-property state, the surviving spouse already owns half of the community property; intestacy then directs the deceased's half. Intestacy also removes your say over your Personal Representative and any guardian for your children.

Is probate required in Washington?

Probate is common but flexible in Washington. Small estates under a statutory threshold can use a community-property agreement or a small-estate affidavit to avoid formal probate, and nonintervention powers reduce court involvement for larger estates.

Assets with beneficiary designations, joint ownership, or a trust pass outside probate, and a transfer-on-death deed can move real estate to a beneficiary.

Can you make a Washington will online?

Yes. A properly signed and witnessed online will is valid in Washington when you follow the two-witness process. iFinallyWill produces a Washington-specific will and powers of attorney in about 20 minutes, with lifetime updates and a 60-day guarantee.

iFinallyWill supports all 50 states and every Canadian province. Because Washington is a community-property state, couples with complex assets may benefit from local legal advice.

Frequently asked questions

Is Washington a community-property state?: Yes. Property acquired during marriage is generally community property, so a surviving spouse already owns half. This affects how an intestate estate is divided.
How many witnesses does a Washington will need?: Two competent witnesses who sign at your request. A self-proving affidavit before a notary is optional but speeds up probate.
What are nonintervention powers in Washington?: They let a Personal Representative settle a solvent estate without ongoing court supervision, which makes Washington probate efficient and inexpensive.
Does Washington allow handwritten wills?: Generally no for wills made in Washington. A valid Washington will must be witnessed by two competent people.