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Washington Last Will and Testament

A Washington will needs 2 witnesses; handwritten wills alone are not valid here. Make a free Washington last will and testament. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person who will administer your estate, called your personal representative or executor. It can also name a guardian for your minor children. In Washington, a will must be in writing, signed by the testator (the person making the will), and attested by two or more competent witnesses who sign in the testator's presence, under RCW 11.12.020. The will itself does not need a notary; notarization comes in only for the optional self-proving affidavit, in which the witnesses swear to the facts of signing before a notary under RCW 11.20.020(2). A self-proving affidavit lets the court accept the witnesses' sworn statement without calling them to testify later. Washington does not recognize holographic wills, meaning a handwritten will that is not properly witnessed is not valid here; every Washington will needs the same two witnesses regardless of whether it is typed or handwritten. Any person of sound mind who has reached age 18 may make a will under RCW 11.12.010. A beneficiary can technically serve as a witness, but Washington law creates a rebuttable presumption of undue influence over that gift unless at least two other, disinterested witnesses also signed (RCW 11.12.160), so naming a beneficiary as a witness is best avoided. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and who administers your estate after you die. It can also name a guardian for minor children.

  2. 2

    Washington requires two competent witnesses. Under RCW 11.12.020 the testator must sign (or direct someone else to sign) in the presence of two or more witnesses, who then subscribe their names, or sign a compliant RCW 11.20.020(2) affidavit, while in the testator's presence.

  3. 3

    A beneficiary can witness, but it is risky. RCW 11.12.160 says a will is not invalid just because an interested witness signed it, but if fewer than two other disinterested witnesses also signed, the law presumes the witness procured their gift through undue influence unless they can rebut that presumption. If unrebutted, the witness only takes up to their intestate share.

  4. 4

    A self-proving affidavit is available and needs a notary. Under RCW 11.20.020(2), the witnesses may sign a sworn affidavit before a notary (or other person authorized to administer oaths) attesting to the facts of the will's signing. The court then accepts that affidavit without requiring the witnesses to testify in person.

  5. 5

    Washington does not recognize holographic wills. A handwritten will that is not attested by two competent witnesses under RCW 11.12.020 is not valid in Washington, no matter how clearly it states the testator's wishes.

  6. 6

    The will itself is signed before witnesses, not a notary. Notarization is only required for the optional self-proving affidavit, never for the underlying will document.

  7. 7

    Minimum age is 18 and sound mind is required. RCW 11.12.010 lets any person of sound mind who has attained age 18 make a will disposing of real and personal property.

Key decisions before you file

Before you file a Last Will and Testament in Washington, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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WASHINGTON LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [FULL LEGAL NAME], a resident of [COUNTY] County, Washington, being of sound mind and at least 18 years of age, declare this to be my Last Will and Testament. I revoke all prior wills and codicils I have made. This will applies to all property I own at the time of my death, real and personal, wherever located.

  2. PERSONAL REPRESENTATIVE (EXECUTOR) APPOINTMENT I appoint [NAME] as personal representative (executor) of my estate. If that person is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative. My personal representative shall have authority to gather my assets, pay my valid debts, expenses, and taxes, and distribute the remaining property according to this will.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests of property, naming each beneficiary and item or amount.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, to [RESIDUARY BENEFICIARY NAME(S)]. If a named beneficiary does not survive me, that beneficiary's share passes to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE This will was signed by the testator in our presence and we, at the testator's request and in the testator's presence and in the presence of each other, have subscribed our names as witnesses on the date below, as required by RCW 11.12.020. We are each at least 18 years old and believe the testator to be of sound mind and under no duress.

Dated: [DATE]

[TESTATOR NAME], Testator

Witnesses (two required, RCW 11.12.020):

Witness 1 Signature Witness 2 Signature

Witness 1 Printed Name, Address Witness 2 Printed Name, Address

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Washington recognizes a self-proving affidavit under RCW 11.20.020(2). If you want the witnesses' sworn statement accepted without live testimony later, complete this section before a notary public or other person authorized to administer oaths.

State of Washington County of [COUNTY]

We, the testator and the witnesses, being first duly sworn, declare to the officer taking this affidavit that the testator signed this will as a free and voluntary act, that each witness signed at the testator's request and in the testator's presence, and that to the best of each witness's knowledge the testator was at that time 18 or older, of sound mind, and under no constraint or undue influence.

[TESTATOR NAME], Testator

Witness 1 Signature Witness 2 Signature

Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], testator, and subscribed and sworn to before me by [WITNESS 1 NAME] and [WITNESS 2 NAME], witnesses, this [DATE].

Notary Public, State of Washington My commission expires: [DATE]

Note: This will is governed by RCW 11.12. Avoid naming a beneficiary as one of your two witnesses; RCW 11.12.160 creates a rebuttable presumption of undue influence over an interested witness's gift unless two other disinterested witnesses also signed. Keep the signed original in a safe place and tell your personal representative where to find it. This is a Washington skeleton for a last will and testament. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Washington in about a minute, and notarize it online through DocDraft if it does.

Washington Requirements for Last Will and Testament

Sign Before Two Competent Witnesses

Washington requires the testator to sign, or direct someone else to sign, in the presence of two or more competent witnesses. RCW 11.12.020 requires those witnesses to subscribe their names, or sign a compliant RCW 11.20.020(2) affidavit, while in the testator's presence and at the testator's direction.

Avoid Naming a Beneficiary as a Witness

A gift to a witness does not invalidate the will, but RCW 11.12.160 creates a rebuttable presumption that an interested witness procured the gift through duress, menace, fraud, or undue influence, unless at least two other disinterested witnesses also signed. If the presumption is not rebutted, the witness takes only up to their intestate share.

The Will Itself Does Not Need a Notary

RCW 11.12.020 makes a Washington will valid when it is signed and attested by two competent witnesses. No notary is required for the underlying will document itself.

Optional Self-Proving Affidavit Needs a Notary

Washington recognizes a self-proving affidavit under RCW 11.20.020(2): the attesting witnesses sign a sworn statement before a notary or other person authorized to administer oaths. Once attached, the court accepts it without requiring the witnesses to testify in person.

Handwritten (Holographic) Wills Are Not Recognized

Washington does not authorize an unwitnessed handwritten will. RCW 11.12.020 requires every will made in Washington, handwritten or typed, to be attested by two or more competent witnesses to be valid.

Minimum Age and Sound Mind

RCW 11.12.010 lets any person of sound mind who has attained age eighteen make a will disposing of real and personal property.

Revoke by a Later Will or a Destructive Act

RCW 11.12.040 lets you revoke a Washington will either by a subsequent will that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or otherwise destroying it with intent to revoke, done by you or by another person in your presence and at your direction.

Divorce Automatically Revokes Gifts to a Former Spouse

Under RCW 11.12.051, if your marriage or domestic partnership is dissolved, invalidated, or terminated after you make your will, any provisions favoring your former spouse or former domestic partner are revoked unless the will expressly states otherwise.

Does your Last Will and Testament need to be notarized in Washington?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Washington requires two competent witnesses under RCW 11.12.020. The testator signs, or directs someone else to sign, in the witnesses' presence, and the witnesses then subscribe their names (or sign a compliant RCW 11.20.020(2) affidavit) while in the testator's presence. Avoid naming a beneficiary as one of the two witnesses. RCW 11.12.160 does not void the will, but it creates a rebuttable presumption of undue influence over that witness's gift unless two other disinterested witnesses also signed.

No. A Washington will is valid when it is signed by the testator and attested by two competent witnesses under RCW 11.12.020; no notary is involved in that step. A notary comes in only if you add the optional self-proving affidavit, where the witnesses swear to the signing facts before a notary under RCW 11.20.020(2). That affidavit speeds up probate but is not required to make the will valid.

Not on its own. Washington does not recognize an unwitnessed handwritten will. RCW 11.12.020 requires every will made in Washington, handwritten or typed, to be signed and attested by two competent witnesses. A handwritten document without two qualifying witness signatures generally will not be admitted to probate here.

Put your wishes in writing, sign it (or direct someone to sign for you in your presence), and have two competent witnesses watch you sign and then subscribe their own names, per RCW 11.12.020. Name a personal representative (executor) and, if you want, add the optional self-proving affidavit under RCW 11.20.020(2) before a notary so the witnesses will not need to testify later.

A valid Washington will is a writing signed by a testator who is at least 18 and of sound mind (RCW 11.12.010), attested by two or more competent witnesses who sign in the testator's presence (RCW 11.12.020). Naming an interested witness does not void the will, but it can jeopardize that witness's gift under RCW 11.12.160.

It is a sworn statement the attesting witnesses sign before a notary or other person authorized to administer oaths, confirming the facts of how the will was signed, under RCW 11.20.020(2). Once attached to the will, the court accepts it in place of live witness testimony, which can simplify and speed up probate.

You must be at least 18 years old and of sound mind. RCW 11.12.010 allows any person of sound mind who has attained the age of eighteen years to make a will disposing of real and personal property.

Under RCW 11.12.040, you can revoke a Washington will either by a later will that expressly or inconsistently revokes it, or by burning, tearing, canceling, obliterating, or otherwise destroying it with intent to revoke, done by you or by someone else in your presence and at your direction. Separately, RCW 11.12.051 automatically revokes any provisions favoring a former spouse or domestic partner once your marriage or domestic partnership ends, unless the will expressly says otherwise.