Estate planning in Washington means preparing a valid will, plus often a trust, powers of attorney, and health care directives, so your assets pass as you intend. Washington has one of the highest state estate taxes in the country, with rates that can reach 35 percent, so planning here carries real weight.
Because the exemption is not indexed to keep pace with inflation, a paid-off home in a major metro area plus retirement savings can push a Washington estate over the line. FastWill's will package covers your core documents, and a trust can help larger estates plan around the tax.
Understanding the Basics
Estate planning manages your assets during your lifetime and ensures they are distributed according to your wishes afterward. Key elements include:
- Wills to specify how property is divided and appoint guardians for children
- Trusts to manage assets, add privacy, and help plan around estate tax exposure
- Powers of attorney to authorize someone you trust to make decisions if you are incapacitated
- Health care directives to outline medical treatment preferences
Washington imposes its own estate tax, separate from the federal estate tax. For deaths between January 1 and June 30, 2026, the filing threshold is $3,076,000, and for deaths on or after July 1, 2026, it is $3,000,000, according to the Washington Department of Revenue. Rates on the amount above the threshold range up to 35 percent for deaths through June 30, 2026, dropping to a 10 to 20 percent range for deaths on or after July 1, 2026, under a rate rollback enacted for that later period.
Estate Planning Terms
- Executor: Manages your estate, carrying out your wishes and settling debts.
- Beneficiary: Receives assets from your estate, trust, or policies.
- Probate: The court-supervised process of validating a will and distributing assets.
- Trustee: Manages trust assets for beneficiaries in line with your instructions.
- Washington estate tax: The state's own death tax, separate from the federal estate tax.
Building Your Washington Estate Plan
A complete plan begins by taking stock of your assets, property, investments, accounts, and personal belongings, then:
- Draft your will and, if useful, a trust to direct distribution.
- Estimate your exposure to Washington's estate tax against the current filing threshold.
- Name trusted executors, trustees, and agents.
- Establish health care and financial powers of attorney.
- Update the plan regularly, especially as the tax threshold and your asset values change.
Wills in Washington
Under RCW 11.12.020, a valid will must be:
- In writing and signed by the testator, or by someone else at the testator's direction and in the testator's presence
- Attested by two or more competent witnesses, who sign in the presence of the testator and at the testator's request
Washington courts have held that a will is not validly executed if a witness signs outside the testator's presence, even if the other witness signed properly, so both witnesses need to sign together with the testator present. Learn the fundamentals in our guide to writing your own will, then build a compliant document with the will package.
Trusts in Washington
Trusts offer flexibility and protection for your assets:
- Living trusts, created during your lifetime, let you manage assets and avoid probate.
- Testamentary trusts, established through a will, take effect after death and are often used to care for minors or beneficiaries with special needs.
- Irrevocable trust structures can help larger estates plan around Washington's estate tax, though this requires advance planning with a licensed attorney.
See how a trust differs from a will in our guide to wills versus trusts, then compare options with FastWill's trust package.
Financial Powers of Attorney
A financial power of attorney appoints someone you trust to manage your finances if you cannot, including banking, paying bills, managing investments, or filing taxes. You can grant broad authority or limit it to specific tasks, depending on your needs.
Health Care Decisions
Health care planning ensures your voice is heard even if you cannot communicate. Advance directives, like living wills, outline your preferences for treatments, especially life-sustaining measures. A health care proxy lets someone you trust make medical choices on your behalf.
Transferring an Estate in Washington
Washington follows its own probate laws rather than the Uniform Probate Code. Probate can be either formal or informal, depending on the complexity of the estate. The process begins when an executor is appointed by the court, who then ensures debts and taxes are paid, including any Washington estate tax due, before distributing assets. Non-probate transfers, such as transfer-on-death deeds and beneficiary designations, can allow certain property to pass outside probate.
Essential Transfer Documents
- Deeds for real estate
- Vehicle titles for registered assets
- Beneficiary designations on accounts and policies
- Wills and trust agreements
- Washington estate tax return, if the estate meets the filing threshold
Keeping these up to date prevents delays and disputes.
Frequently Asked Questions
Does Washington have an estate tax?
Yes. Washington imposes its own estate tax with a filing threshold of $3,076,000 for deaths through June 30, 2026, and $3,000,000 for deaths on or after July 1, 2026, with rates up to 35 percent, according to the Washington Department of Revenue. This is one of the highest state estate taxes in the country.
How many witnesses does a Washington will need?
Two or more competent witnesses must sign in the presence of the testator under RCW 11.12.020, and courts have invalidated wills where a witness signed outside the testator's presence.
Can married couples combine their Washington estate tax exemptions?
With proper planning, married couples can generally use both spouses' exemptions, effectively doubling the amount that can pass without state estate tax. This requires specific trust and estate planning, so consult a licensed Washington attorney.
What happens if I die without a will in Washington?
Your estate is distributed under Washington's intestacy statute, which follows a fixed formula that may not reflect your actual wishes.
Does a revocable trust avoid Washington's estate tax?
Not automatically. Assets in a revocable trust are still counted as part of your taxable estate. Reducing exposure typically requires irrevocable planning, so larger estates should work with a licensed Washington estate planning attorney.
Start Your Washington Estate Plan
Estate planning in Washington protects your family and helps you plan around one of the country's highest state estate taxes. FastWill's will package and trust package are built around Washington's requirements. Compare your options on our plans and pricing page and get started today.
