Create a Living Trust in Washington

A Washington living trust holds your assets in trust while you continue to use and control them. After your death, the trust passes assets to your beneficiaries according to your instructions. A revocable living trust can provide flexibility and control.

Find out more about Living Trusts

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create a living trust in washington

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Updated on: February 6, 2024
Read time: 4 min

A Washington living trust holds your assets in trust while you continue to use and control them. After your death, the trust passes assets to your beneficiaries according to your instructions. A revocable living trust can provide flexibility and control.

Living trusts in Washington

When you as the grantor establish a living trust in Washington, you place your assets into the trust’s ownership, but they continue to be managed and available for your use during your life. The more assets you place in the trust, the more beneficial it will be. Assets such as life insurance and retirement accounts cannot be transferred to a trust, so there are limitations. A trust needs a trustee, the person managing its assets, and you can select whomever you wish to be your trustee. It is most common to simply choose yourself so you can be in charge. You then need a successor trustee who can step in after your death and continue to manage the trust and distribute it to your beneficiaries. A revocable living trust can be altered, changed, or eliminated completely whenever you choose during your life. An irrevocable living trust is permanent and no change is possible.

A living trust Washington keeps all assets in your trust out of probate, the court procedure that verifies a will and puts it into effect. Probate can take months and involves the expenses of an attorney, executor, and court fees. Washington does not use the Uniform Probate Code, which complicates its processes. A trust allows you to sidestep all of this and distribute trust assets immediately upon your death, if that is what you choose, with no fees. Assets passed through a will cannot be distributed until probate concludes. Your trust allows you to avoid probate in Washington, but also in any other state where you hold property, as long as you include that property in your trust.

If you have a small estate worth under $100,000 it qualifies for a simplified estate administration, which avoids the time and expense of probate, and also is less expensive than a trust (but does not offer the other benefits a trust provides).

Do I need a living trust in Washington?

Living trusts can be an important part of your estate planning because they offer control that cannot be obtained through other avenues. Your living trust puts you in complete control of your assets during your life. They are technically owned in the name of the trust, but you control the trust and you can use your assets as you normally would. After your death, you maintain control over the assets because they are protected and maintained by the trust until the distribution dates that you select. You can choose to distribute assets at future dates, such as birthdays when your heirs are more mature. A will does not provide this option and passes assets once probate concludes.

Your revocable living trust protects you should you become mentally incapacitated. All of your assets are already controlled, owned, and managed by the trust and a conservatorship proceeding is likely unnecessary. While a durable power of attorney can be rejected, a trust cannot be. Your financial life is protected by the trust.

Creating a living trust in Washington provides you with privacy since the terms of the trust, your beneficiaries, and the assets in the trust are never made public. If you use a will, it must be probated and become public record. A trust is also harder to contest than a will, offering security that your plan will remain in place.

Living trusts and estate taxes in Washington

Washington applies an estate tax to estates worth over $2 million and federal estate tax applies to estates of more than $5 million. Your living trust will not shield your assets from this tax. There is however, a specialized trust called a QTIP trust (or an AB or marital trust) that will do just that. Assets passed from the deceased to a surviving spouse through this type of trust are exempt from estate tax. Medicaid spend down rules apply to assets in your trust and creditors can access the assets as well.

How to create a living trust in Washington

To create a living trust in Washington, prepare a written trust document and sign it before a notary public. To finalize the trust and make it effective, you must transfer ownership of your assets into it. A living trust is an effective tool that can provide you with the flexibility and privacy you seek.

LegalZoom can help you create a Washington living trust online. LegalZoom living trusts include a pour-over will, transfer deeds, and a document organizer.

Find out more about Living TrustsStart Now
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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

48 days ago
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Grateful to Patti Green

Patti Green helped me so much to finish my order. She was very patient and pleasant with me and guided me so well with my living trust. She made it clear and explained things that I could understand to finish this. She is an asset to your company and I would recommend her with excellence

CU
50 days ago
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I had no Idea what to do to update my…

I had no Idea what to do to update my Living Trust. They answered all my questions and they also helped me get info I did not know I needed.

Bryan Q
56 days ago
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Living Trust Premium

Our Representative, Stormy was fantastic! She stayed with us through the whole process. She was very helpful and thorough.

sremeikis
64 days ago
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I spoke to the representative today about a Trust...

I spoke to the representative today regarding a question about an existing Living Trust. She was very helpful - told me exactly what I needed to know and how to accomplish it. As a representative in the Financial field I guide clients all the time on where to get documents done right - and its always LegalZoom - easy and effecient!

Gareth
66 days ago
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LegalZoom

I was impressed by the user-friendly interface and the outstanding support I received while creating a Revocable Living Trust. The ability to connect with support representatives in real time to address my questions was incredibly valuable. For those looking to establish a straightforward trust, I can highly recommend LegalZoom.

TDM
72 days ago
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Rida has been very helpful with respect…

Rida has been very helpful with respect o guiding me through the process of properly revising the Living trust for my elderly parents. His patience has been exemplary.

Frantz Michel
80 days ago
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Elizabeth Tisdale

Elizabeth Tisdale, knowledgeable,been having problems with the forms in my living trust,for the past two weeks and had to pay every time, Elizabeth was patient with me and explained every detail until it was corrected,she get my 5 stars

MARIA CORONA
80 days ago
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Taking the Initiative

Taking the initiative to do the info. research on our living Trust...set up back in 2016..Made the call an efficient, as well as a pleasant experience. Very thorough and friendly. Set up our atty consultation Thanks for great service!

Vicki Switzer
87 days ago
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Carmen was so patient with me

Carmen was so patient with me! Thank you for all your direction and guidance with my living Trust! Great job!

Tina Garcia
90 days ago
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Tammy was wonderful and very…

Tammy was wonderful and very knowledgeable. It's because of her that I am going to open a living trust with legal zoom. She was great. Thank You

Erin
98 days ago
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Pleasant Experience

Patience and weel given explanation about the process of how a "Living Trust" & "Deed" works after transitioning and guidance on how to contact an attorney whenever I need legal advice.

Sharron Martin
98 days ago
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Excellent LegalZoom Attorney

The LegalZoom attorney was extremely helpful in the "walk thru" assistance as I prepared the Living Trust document. The service was excellent.

customer
107 days ago
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Happy with my initial contact with Legal Zoom

Rebecca fully answered my questions about creating a living trust. She is friendly and professional, and with my mind at ease, I am looking forward to starting this process with Legal Zoom. I am confident that this will be the best route for me to take to make things a lot easier for my family when I'm gone. (And, easy for me!) I plan to be in touch in the next several weeks. Thanks, Rebecca!

Carol
125 days ago
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Michelle very professionally guided me…

Michelle very professionally guided me with her knowledge and amazing patience through the entire process of setting up my Living Trust. I am so relieved and grateful for her help. I have used LegalZoom before and you are my go to for legal advice. Thank you again Michelle.

Paula Bateman
133 days ago
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Quality Staff

I needed to revise my entire living trust and had put it off for years. Your staff member Eden walked me through the process with such patience and concern. Had I known it would be so easy, I would have never put it off this long. A testament to you quality staff.

Ady Filipescu
142 days ago
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Really great job in guiding me to…

Really great job in guiding me to finish my living trust .

Ronnie Ball
148 days ago
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5 Stars

5 Stars – Outstanding Customer Service from Tammy at LegalZoom I had the pleasure of working with Tammy from LegalZoom regarding my living trust documents, and I couldn't be more impressed. She was professional, patient, and incredibly knowledgeable. Tammy took the time to walk me through every step, answered all my questions clearly, and made a complex process feel simple and stress-free. Her attention to detail and genuine care made all the difference. LegalZoom is lucky to have someone like her on their team. Thank you, Tammy!

Cn
148 days ago
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Ease and help of making changes to my…

Ease and help of making changes to my living trust. LegalZoom rep walked me through the process without any difficulties. Really like working with LegalZoom.

Gregory Bechtol
155 days ago
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Enjoyed working with Kevin to finalize…

Enjoyed working with Kevin to finalize our Living Trust language. His knowledge on this product certainly increases our confidence in the viability of the final document.

JOHN in CALIFORNIA
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