Creating a will allows you to decide what happens to your assets after death. In Washington State, you do not need an attorney to draft a will. However, you must follow specific legal requirements. These five frequently asked questions offer essential guidance on the topic.
1. What happens if I die without a will in Washington?
If you die without a valid will, Washington’s intestacy laws determine how your estate is divided. This legal process prioritizes spouses and children. If you have neither, the court distributes your assets to other relatives, such as parents, siblings, or more distant kin. Without a will, you forfeit the opportunity to decide who inherits your property.
2. What can I include in my will?
Your will can list who will inherit your real estate, personal belongings, and financial assets. You can name a personal representative, also called an executor, to manage your estate. This individual ensures your instructions are followed. Additionally, you may appoint a guardian for minor children or assign funds and responsibility for pet care. When you document these wishes, you reduce the likelihood of legal conflict and protect your loved ones.
3. What does not a will control?
Certain assets bypass your will entirely. These include retirement accounts, life insurance policies, and jointly owned property. Such assets transfer directly to named beneficiaries, according to their respective legal documents. If you have not reviewed or updated those beneficiary designations, your property may not go to the people you intend.
4. Can I write my own will in Washington?
Yes, Washington permits individuals to create their own wills. You must be at least 18 years old and mentally competent. You must sign the will in front of two competent witnesses, who should ideally have no financial interest in your estate. Failing to meet these requirements could result in a contested will or a court ruling that your will is invalid. Legal advice can help you avoid costly mistakes and give you peace of mind.
5. Are handwritten or electronic wills valid in Washington?
Washington does not recognize handwritten wills unless they meet all legal standards, which can be difficult to prove. Oral wills are extremely limited and apply only in rare circumstances, such as for active-duty military members. Washington accepts electronic wills, but they must follow strict rules. To avoid complications, a typed and properly executed will is the most reliable choice.