The mistakes that most often undo a Washington will are execution errors: fewer than two competent witnesses, a will treated as valid holographic when Washington generally does not recognize handwritten unwitnessed wills, or a missing self-proving affidavit that slows probate down. Washington's execution rule under RCW 11.12.020 is specific about witnessing, and DIY drafters most often miss it there.
A DIY will works in Washington when it is executed correctly. The mistakes below are the ones that most often show up in a Washington probate court, and each is avoidable if you know the rule before you sign. FastWill's will package is built around Washington's witnessing and execution requirements.
Key Takeaways
- Washington requires two or more competent witnesses who sign in the presence or electronic presence of the testator.
- Washington generally does not treat a handwritten, unwitnessed will made by a Washington resident as valid.
- Skipping a self-proving affidavit does not void the will, but it means witnesses may need to testify later.
- Forgetting to update a will after marriage, divorce, or a new child is a recurring source of Washington probate disputes.
What witness mistakes invalidate a Washington will?
RCW 11.12.020 requires a will to be signed by the testator, or by someone else in the testator's presence and at the testator's direction, and attested by two or more competent witnesses who subscribe their names, or sign a compliant affidavit, in the presence of the testator and at the testator's direction. The recurring mistake is only having one witness sign, or having a witness sign at a different time than the testator without a valid electronic-presence connection. Washington's Uniform Electronic Wills Act allows remote witnessing in electronic presence, but that option comes with its own technical requirements, so confirm you meet them before relying on it.
What happens if the testator's signature is missing or unclear?
A will without a valid testator signature, or with a signature made by someone else without clear direction and presence, is one of the fastest ways to lose validity in Washington. If someone else signs on the testator's behalf, document the direction and presence clearly, ideally in the self-proving affidavit itself.
Is a handwritten will valid in Washington?
Generally, no. A holographic will made by a Washington resident is not valid in Washington because the state requires attestation by witnesses regardless of whether the document is handwritten. The one exception is a holographic will that was valid where the testator resided at the time it was made; that will can be recognized in Washington even though a Washington resident could not make one directly. Do not assume a purely handwritten, unwitnessed document will hold up if you signed it as a Washington resident.
What ambiguous or contradictory bequests cause probate disputes?
Vague language such as my belongings to my kids without naming which child gets which asset, or two clauses that name different beneficiaries for the same property, forces a Washington court to interpret intent instead of following your instructions. Name beneficiaries and property specifically, and reread the whole document before signing to catch contradictions.
Why does a missing residuary clause matter?
A residuary clause covers anything not specifically listed, an account opened after signing, property acquired later, or something simply overlooked. Without one, that property passes under Washington's intestate succession statute, RCW 11.04.015, instead of your will, even though the rest of the document is valid.
What amendment and revocation mistakes should you avoid?
Writing a change directly onto an existing will does not amend it under Washington law. A valid change requires a new will or a properly executed codicil, signed and witnessed the same way as the original. Revocation requires a subsequent will, a written revocation, or physical destruction with intent to revoke; simply telling family you want it cancelled does not revoke a Washington will.
Should you skip the self-proving affidavit?
Washington does not require a self-proving declaration for a will to be valid, but including one is standard practice because it eliminates the need for witnesses to appear in court or provide affidavits after death. Skipping it is not fatal, but it creates extra work for your executor if a witness has moved or died by the time probate opens. Add the declaration when you sign.
What DIY-form errors show up most often?
Using an outdated template, leaving blank fields instead of marking them not applicable, and failing to name a backup executor are the errors that recur most. Read every field before signing and confirm the template reflects Washington's current witnessing rules.
Why do wills go stale after a life change?
A will drafted before a marriage, divorce, or the birth of a child often no longer reflects your wishes, and Washington has specific rules about how these events affect prior bequests. Review your will after every major life event instead of assuming it still says what you want.
Related Washington estate planning guides
These mistakes are one part of a full Washington plan. See the Washington estate planning overview, what happens if you skip a will under Washington's intestacy rules, how Washington power of attorney fits alongside a will, and when a Washington living trust makes sense too. For the same errors nationwide, see common will mistakes and how to avoid them.
Once you understand these pitfalls, you can create your will with FastWill and avoid them from the start.
Preguntas frecuentes
Does Washington recognize handwritten wills?
Generally no, unless the will was validly made as a holographic will in the state where the testator resided at the time. A Washington resident's handwritten, unwitnessed will is not valid.
How many witnesses does a Washington will need?
Two or more competent witnesses under RCW 11.12.020, signing in the presence or electronic presence of the testator.
Does a Washington will need to be notarized?
No. Washington does not require notarization for a will to be valid; it is only used for the optional self-proving declaration.
What happens if my Washington will has no residuary clause?
Any property not specifically listed passes under Washington's intestacy statute instead of your will.
Get your Washington will right the first time
A DIY will works in Washington when the witnessing rules are followed exactly. FastWill's will package is structured around Washington's requirements so you do not guess at witnessing or the self-proving declaration.
