How to Make a Will in Washington State: Step-by-Step Requirements

Washington makes it straightforward to create a legally binding will — no attorney is required, and no notarization is necessary for the will itself to be valid. But the state has specific statutory requirements under RCW 11.12 that must be met exactly, or the will can be challenged or thrown out entirely.

Here is the complete process.

Step 1: Confirm You Meet the Legal Requirements

Under RCW 11.12.020, you must be:

• At least 18 years old
• Of sound mind — you understand what property you own, who your family members are, and what a will does

There is no residency requirement to make a Washington will. If you live in the state and own property here, a will executed under Washington law is valid.

Step 2: Decide What Your Will Needs to Cover

A Washington will should address at minimum:

• Property distribution — who gets what. In a community property state like Washington, you can only control your separate property and your half of community property. Your spouse automatically owns their half.
• Personal representative — the person who will manage your estate through probate. Choose someone trustworthy and organized, and name an alternate.
• Nonintervention powers — explicitly request that the court grant your personal representative nonintervention powers under RCW 11.68. This lets them administer the estate without returning to court for approval on every transaction. Skip this clause and your executor faces ongoing hearings.
• Guardian for minor children — if you have children under 18, nominate a guardian. Under RCW 11.130, the court must appoint your nominee unless it finds the appointment contrary to the child's best interests.
• Digital assets — under Washington's RUFADAA (RCW 11.120), include explicit written authorization for your personal representative to access digital accounts. Without it, federal privacy laws can block access to email, social media, and online banking.

Step 3: Write the Will

Washington requires the will to be in writing. You can type it, print it, or create it electronically under the Electronic Wills Act (RCW 11.12.400).

Washington does not recognize holographic (handwritten, unwitnessed) wills. A handwritten will with no witnesses is invalid — even if it is clearly in your handwriting and clearly states your wishes. The one narrow exception is for active-duty military personnel, who can dispose of personal property up to $1,000 through an oral or handwritten will under RCW 11.12.160.

Step 4: Sign With Two Witnesses Present

This is where most DIY wills fail. The execution ceremony must follow this sequence:

1. You sign the will (or direct someone to sign on your behalf in your presence)
2. Two or more competent witnesses sign the will in your presence

The witnesses must be competent adults. Washington does not require witnesses to be "disinterested" (unrelated and not named in the will), but naming a beneficiary as a witness can create complications — RCW 11.12.160 may limit their inheritance to what they would have received under intestacy.

Both witnesses must be in your physical or electronic presence when they sign. They do not need to read the will — they only need to observe you sign (or acknowledge your signature) and then subscribe their own names.

Step 5: Add a Self-Proving Affidavit

This step is optional but strongly recommended. Under RCW 11.20.020(2), your witnesses can sign a declaration under penalty of perjury at the time of execution. This creates a rebuttable presumption that the will is valid.

Without a self-proving affidavit, the probate court may need to locate your witnesses years or decades later to verify the will's authenticity. If a witness has moved, become incapacitated, or died, proving the will becomes significantly harder.

Washington's self-proving declarations are signed under penalty of perjury — no notary is required for this step.

Step 6: Store the Original Safely

After execution, store the original will where your personal representative can find it. Options:

• County Will Repository — any Washington county Superior Court clerk will accept a will for safekeeping for a flat $20 filing fee. The will is sealed and stored until after your death.
• Home safe or fireproof box — tell your personal representative exactly where to find it
• With your attorney — if you used one

Do not store the original in a bank safe deposit box. Washington law allows access to a decedent's safe deposit box to search for a will (RCW 11.12.265), but the process requires a court order if no one else is listed on the box — which delays probate.

What Happens After Death

Within a reasonable time after death, whoever possesses the original will must file it with the Superior Court clerk in the county where the decedent resided (RCW 11.20.010). The personal representative then petitions the court for Letters Testamentary and nonintervention powers. With those powers granted, they can administer the estate with minimal court involvement.

For the complete will execution package — including the self-proving affidavit template, nonintervention power language, guardian nominations, and RUFADAA digital asset clauses specific to Washington — the Washington Basic Estate Planning Kit covers every step with RCW citations.

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