To make a valid will in Washington, you must be at least 18 and of sound mind, put your wishes in writing, sign the document, and have two witnesses sign it too, all while everyone is present together. Get those pieces right and your will holds up in Washington probate court.
Washington's rules for wills sit in Title 11 of the Revised Code of Washington. The state allows you to write a will on your own without a lawyer, and notarization is not required for a will to be valid, though it becomes useful for a different reason later. For a broader look at planning beyond just the will, see our Washington estate planning guide. Here is what the law actually requires, and how to work through it yourself.
Who Can Make a Will in Washington
Under RCW 11.12.010, any person of sound mind who is at least 18 years old can make a will disposing of their real and personal property. Sound mind means you understand you are creating a document that controls what happens to your property when you die, you have a general sense of what you own, and you recognize who your close family members are. If capacity is a concern for someone you are helping, it is worth discussing with a doctor first.
What Washington Law Requires for a Valid Will
RCW 11.12.020 sets out the execution rules. A valid Washington will must be:
In writing
Typed or handwritten is fine, as long as the document itself is written down.
Signed by the testator
You sign it yourself, or someone signs it at your direction while you are present, either physically or through real-time video under Washington's electronic presence rules.
Witnessed by two competent people
Washington requires two or more witnesses. They need to be present, in person or through qualifying electronic presence, while you sign or acknowledge the will, and they sign at your direction or request. Unlike some states, Washington does not give witnesses a separate window to sign later. The presence requirement runs through the whole signing process, so plan to have everyone together at once.
Does a Washington Will Need to Be Notarized?
No, not to be valid. Notarization comes into play for a self-proving affidavit under RCW 11.20.020. You and your witnesses can sign a sworn statement in front of a notary or another person authorized to administer oaths, either when you sign the will or afterward. A self-proved will means the court can accept it without your witnesses showing up later to testify, which spares your family a step during an already difficult time. Our article on self-proving wills and whether you need one covers the details.
Are Handwritten (Holographic) Wills Valid in Washington?
Generally, no. Washington does not recognize an unwitnessed handwritten will made by a Washington resident. RCW 11.12.020 requires two witnesses regardless of whether the will is typed or handwritten, so a will you write out by hand still needs to be signed in front of two witnesses to count. The main exception involves a holographic will validly made in another state where you were living at the time. Washington will generally honor a will that was properly executed under the law of the place where it was signed. If you are relying on an old handwritten will from another state, read why handwritten wills carry extra risk before you assume it will hold up here.
How to Make a Will in Washington: Step by Step
- List your assets. Real estate, accounts, vehicles, and anything else worth accounting for.
- Decide who inherits what, and be specific about which beneficiary gets which asset.
- Choose an executor to carry out your wishes, plus a backup in case your first choice cannot serve.
- Name a guardian for minor children, along with an alternate, if this applies to you.
- Add a residuary clause covering anything you did not specifically list.
- Draft the will, either yourself, through a guided service, or with an attorney if your estate is complicated.
- Gather two witnesses who have no financial stake in your estate.
- Sign the will while both witnesses watch, then have them sign in your presence as well.
- Consider adding a self-proving affidavit in front of a notary while everyone is still together.
- Store the signed original in a safe place and make sure your executor knows exactly where to find it.
What Happens After You Sign
Your will does not need to be filed anywhere while you are alive. It waits until your executor needs it, at which point they typically open a case in Washington probate court to carry out your instructions. Knowing what that process looks like in advance makes things easier on your family. Our complete guide to how probate works walks through it. Revisit your will after any major change, a marriage, a divorce, a new child, or a move, so it still reflects what you want.
If your estate includes a business, a blended family, or a beneficiary with special needs, consider speaking with an attorney before you sign anything final.
Frequently Asked Questions
Do I need a lawyer to make a will in Washington?
No. Washington law does not require an attorney to draft or sign a will. A guided tool can walk you through a valid will for most straightforward estates. More complicated situations are worth a legal review.
How many witnesses does Washington require for a will?
Two competent witnesses who are present while you sign or acknowledge the will, and who then sign it themselves.
Is a handwritten will valid in Washington?
Only if it meets the same requirements as any other will, meaning it is signed in front of two witnesses. An unwitnessed handwritten will made in Washington is generally not valid, though one properly made in another state may be recognized here.
Does my Washington will need to be notarized?
No, notarization is not required for the will itself to be valid. It is required if you want a self-proving affidavit, which speeds up probate.
Can witnesses be remote when I sign my will in Washington?
Washington law allows execution using electronic presence, meaning real-time audio-visual technology, in addition to in-person signing. The requirements around this are specific, so confirm the details before you plan to sign remotely.
Building Your Washington Will
Meeting Washington's signing and witness rules is only one part of a will that actually protects the people you care about. FastWill guides Washington residents through the entire process, from listing assets to naming a guardian, so the details do not get missed. Check out our will package to see how it works, including the option to make your will self-proving before you finish.
