Washington Last Will and Testament

In addition to providing the opportunity to direct asset distribution, a Washington last will and testament also allows the testator to make a charitable gift, create a trust for any person, name a legal guardian for minor children, or create a “pet trust” in order to provide for the care of an animal after its owner’s death.

Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person.

Once the will is proven, the executor can proceed to wrap up the estate, which includes collecting and protecting property, paying off debts, and then distributing assets.

Washington offers a simplified probate process for small estates through which those entitled to assets can file an affidavit to request the transfer of up to $100,000 of a decedent’s personal property without court involvement.

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. In Washington in the absence of a will, a surviving spouse or state registered domestic partner inherits the entire estate unless the couple share descendants, in which case the spouse or domestic partner inherits half of the decedent’s community property and half of his or her separate property. A decedent’s parents are also entitled to one-quarter of the decedent’s separate property if there is a surviving spouse or domestic partner but no children or descendants.

If there is no surviving spouse, domestic partner, descendants, or parents, other relatives, including siblings and grandparents, will inherit depending on the closeness of the relation.

Exceptions to ability to distribute property

Not all property can be distributed according to a will. Some exceptions in Washington include the following:

• Property owned in joint tenancy with right of survivorship
• Half of decedent’s community property goes to surviving spouse or domestic partner
• Share to surviving spouse or domestic partner if entered into marriage or domestic partnership after will’s execution, if omitted from will, unless it appears from either the will or other evidence that omission was intentional
• Share to child born or adopted after will’s execution, if omitted from the will, unless it appears from either the will or other evidence that omission was intentional

Form a last will in Washington

The basic requirements for a Washington last will and testament include the following:

• Age: The testator must be at least 18 years old.
• Capacity: The testator must be of sound mind.
• Signature: The will must be signed by the testator or by someone else in the testator’s name in his presence, by his direction.
• Witnesses: Two witnesses, who should not be beneficiaries, must subscribe their names to the will or sign an affidavit while in the presence of the testator and at the testator’s direction or request.
• Writing: A Washington will must be in writing.
• Beneficiaries: A testator can leave property to anyone.