How to Make a Will in Washington

If you're a resident of Washington and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name an executor, the person who makes sure that the terms of your will are carried out.

Your will may dispose of real and personal property, as well as property you own at the time of making it and property you acquire after making it. (Wash. Rev. Code § 11.12.190 (2025).)

Below you'll find an overview of what a will can do for you, what Washington laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Washington

Here's a quick checklist for making a will in Washington:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In Washington, if you die without a will, your property will be distributed according to state "intestacy" laws. Washington's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, nieces, and nephews. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Washington?

Yes. You can make your own will. Washington doesn't have a statutory will (a will template in the state's statutes). But you can use Nolo's Quicken WillMaker & Trust to make a will tailored to your needs.

You might want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney. Nolo's will-making products tell you when it's wise to seek a lawyer's advice.

Legal Requirements for a Valid Will in Washington

To make a will in Washington, you must be:

• 18 years of age or older, and
• of sound mind.

(Wash. Rev. Code § 11.12.010 (2025).)

A will must be in writing and can't be on audio or video. You must generally make your will on actual paper. (Although, see "Can I Make a Digital or Electronic Will?," below.) Type and print your will using a computer, or you can use a typewriter.

In limited circumstances, Washington recognizes nuncupative (oral) wills. This type of will is only permitted for members of the armed forces of the United States, a merchant marine of the United States, or a person disposing of $1,000 or less of personal property. For this type of will to be valid, you must:

• make the will at the time of your last sickness
• declare it to be your will in front of at least two witnesses
• have your will offered to the court within six months after you make it unless it's reduced to writing, and
• have a citation issued to your widow or widower and heirs at law that they may contest the will.

This type of will can only dispose of personal property, not real property. (Wash. Rev. Code § 11.12.025 (2025).)

How to Sign and Execute My Washington Will

To finalize your will in Washington:

• you must sign your will in front of two witnesses, and
• your witnesses must sign your will.

(Wash. Rev. Code § 11.12.020 (2025).)

It's best to have only "disinterested" witnesses (meaning people who won't inherit from you) sign your will. Washington law presumes that any gift made to an interested witness of the will was made under duress, menace, fraud, or undue influence. Interested witnesses could lose any amount of a gift that's greater than what they would have received under the intestacy law. (Wash. Rev. Code § 11.12.160 (2025).)

Do I Need to Have My Will Notarized?

No, in Washington, you don't need to notarize your will to make it legal. However, Washington allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. (Wash. Rev. Code § 11.20.020 (2025).)

Can I Make a Digital or Electronic Will?

Washington is one of a handful of states that allows electronic wills (e-wills). An e-will must be readable as text at the time you sign it. You must have two witnesses physically present (or present electronically over live audio and video) at the time you sign the e-will or acknowledge that you signed it and that it's your will. You and your witnesses may sign an e-will with an electronic symbol, sound, or process if you do so with the intent to authenticate the will. (Wash. Rev. Code §§ 11.12.410, 11.12.440 (2025).)

An e-will must be kept by a "qualified custodian," or it will be treated as if it was lost or destroyed. (Wash. Rev. Code § 11.20.070 (2025).)

A qualified custodian must be:

• a Washington resident of sound mind who is older than 18, doesn't have a conviction for a felony or crime of moral turpitude, and isn't an heir or beneficiary of the will maker
• a trust company
• certain nonprofit corporations that are allowed to store e-wills
• a law firm, or
• a court's will repository.

(Wash. Rev. Code § 11.12.460 (2025).)

You may make an e-will self-proving by having a notary physically or electronically present when you and your witnesses sign it. A self-proving will also must be kept by a qualified custodian. (Wash. Rev. Code §§ 11.12.450, 42.45.280 (2025).)

Because the requirements for making a valid e-will are elaborate, you should consider speaking with a qualified estate planning attorney if you want to make one. For more details on Washington's specific approach to e-wills, see What Is an Electronic Will?

Can I Choose and Appoint an Executor in My Will?

Yes. In Washington, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Washington?

In Washington, you may revoke or change your will at any time. You can revoke your will by:

• burning, tearing, canceling, obliterating, or destroying all or part of your will with the intent to revoke it
• ordering someone else to burn, tear, cancel, obliterate, or destroy your will with the intent to revoke it in front of you and two other witnesses, or
• making a new will that says it revokes the old one or that has contradictory terms to the old one.

(Wash. Rev. Code § 11.12.040 (2025).)

If you and your spouse divorce or terminate your domestic partnership (or if a court determines that your marriage or domestic partnership isn't legal), Washington law revokes any language in your will that leaves property to your spouse or domestic partner or names your spouse or domestic partner to be your executor. This rule doesn't apply if you specifically state in your will that divorce or termination of the domestic partnership won't affect the provisions in your will. The revocation also doesn't apply if you remarry your spouse or reregister your domestic partnership. (Wash. Rev. Code § 11.12.051 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will – this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Washington's laws about making wills here: Revised Code of Washington, Title 11 Probate and Trust Law, Chapter 11.12 Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Washington wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Washington, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Washington?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Washington, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the probate court (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, Washington does allow will makers to deposit their wills with the probate court for safekeeping before they die. Wills deposited with the court will be kept under seal until the will maker's death. (Wash. Rev. Code § 11.12.265 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. Unlike most states, Washington does have an estate tax. The federal government also has an estate tax, but very few estates are wealthy enough to owe federal estate taxes. If your estate is large enough to owe state or federal estate tax, you should consider working with an estate planning attorney. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.