Is An Online Will Legally Valid in Washington?

Yes, Washington recognizes online wills, provided you complete all of the state’s requirements for making it valid. Here's what those steps look like.

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Not to worry, FeedingBird walks you through the details.

What Makes an Online Will Legally Valid in Washington?

Washington is one of a small number of states that recognizes electronic wills, and since 2021 its law also lets witnesses appear in the testator's electronic presence over real-time audio and video, rather than in the same physical room. A traditional printed will signed by two witnesses is valid too, with no notary required for validity.

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Washington does not recognize holographic, or handwritten, wills signed without witnesses. This has been settled law since a 1918 Washington Supreme Court case, so even a clearly written, signed note isn't a valid Washington will without two witnesses.

What You Need to Know about Online Wills in Washington

Washington Property Laws

Washington is a community property state. Property acquired during the marriage generally belongs equally to both spouses, so your spouse already owns half of it. Only your separate property, plus your share of the community property, is affected by your will.

Washington Probate

All wills go through probate in Washington unless the estate is valued at $100,000 or less, in which case a small estate affidavit is available 40 days after death with no court filing. Otherwise, a trust or a community property agreement is typically used to avoid probate. Washington is also one of the few states with its own state estate tax.

Avoiding Probate in Washington

• Put your assets in a revocable living trust. A living trust lets you have full control over your estate as the trustee. You name a successor trustee who will manage distributing your assets after your death.

• Name beneficiary designations on financial and retirement accounts. A payable-on-death (POD) designation will specify who receives payment at the time of your death. A transfer-on-death (TOD) designation names a new owner for those accounts.

• Sign a community property agreement with your spouse, letting community property pass directly without probate.

• Establish joint ownership with right of survivorship for property owned with someone other than a spouse.

Check here to learn more about trusts in Washington.