LegalEase: Basic estate planning in Washington state

Published 1:30 am Thursday, July 9, 2026

A will is a legal document where you designate the person who will handle your estate and the people and charitable organizations you wish to receive your property after your death. If you have minor children, you can name a legal guardian and create trusts for your children in your will if you should pass before they are adults.

If you die without a will, Washington law dictates who will inherit your property and who gets priority to manage your estate. In Washington, a valid will must be in writing and signed by two witnesses who declare that the will signer is competent. Anyone over 18 years old who owns any type of property should make a will.

What is probate?

The court will validate your will and formally appoint your personal representative (executor) through probate. Your personal representative will administer your estate, pay your debts and transfer assets to your heirs. Probate may be required if your estate has real property or personal property that exceeds $100,000. Washington State probate procedures are relatively simple and inexpensive compared to most other states.

Ways to avoid probate

Community Property Agreement: Married couples in Washington can use this agreement to transfer community property automatically to the surviving spouse when the first spouse dies. It can avoid probate at the first death, although probate may still be needed when the surviving spouse dies.

Transfer on Death Deed: Washington authorizes transfer on death deeds (“TOD Deed”) that allow real estate to pass directly to a named beneficiary without probate. The deed must be signed and recorded during the owner’s lifetime, but it does not take effect until death and can be revoked during the owner’s lifetime. Title companies generally require other heirs to consent to the sale of property within two years of the date of death if title is acquired without a probate.

Small Estate Affidavit: Estates with a total value of $100,000 or less consisting of only personal property can be transferred by an affidavit of the successor 40 days after death.

Joint Tenancy with Right of Survivorship (“JTWROS”): Real property and most financial accounts can be titled jointly with survivorship rights that take effect automatically at death. This type of ownership creates a present ownership interest in the account, however, and is usually not recommended except for spouses.

Beneficiary Designations: You can designate a beneficiary on bank, financial and retirement accounts, and life insurance policies, to avoid probate.

Revocable Living Trusts: A revocable living trust is a legal instrument to hold your assets during your lifetime and direct what happens to them after your death. A trust is a legal fiction which separates legal ownership of property from the right to use or enjoy the property. If your assets are properly transferred into the trust, your successor trustee can manage and distribute them without probate. Even so, most people with a trust should still have a will to cover anything left outside the trust. Assets must be re-titled from your individual name to the name of the trustee.

Other estate planning documents

Durable Power of Attorney: You assign someone to legally act for you to manage your property, pay your bills and make health care decisions while you are alive. All powers of attorney terminate at death. A durable power of attorney continues during incapacity. A power of attorney can be made effective immediately or only upon disability as certified by your doctor.

Health Care Directive: Sometimes referred to as a “living will,” a Health Care Directive conveys your wishes as to whether, and under what conditions, artificial life support and tube feeding will be administered if you have a terminal condition or are in a permanent unconscious state.

How do I make a will?

A lawyer will meet with you to discuss your assets, property, family, and goals for your estate and help you formulate the best plan for your unique situation. A basic estate planning package will include a will, a durable power of attorney, health care directive, and if married, a community property agreement. When you are satisfied with the documents they are signed, witnessed and notarized.

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Alan Millet has maintained a law office in Sequim since 1981, with a general civil practice emphasizing estate planning, estate tax planning, wills, trusts and probate. He has recently joined with attorney partner Monica Pellettieri and they practice law as Sequim Law PLLC. They may be reached at 360-683-1119.