Estate Planning in Washington State

Disclaimer: This is educational information, not legal advice. Every situation is unique. Consult with a qualified estate planning attorney before making decisions.

Washington has some features that make estate planning different from many other states. Here are the basics every Washington resident should know.

Community Property State

Washington is one of nine community property states [3]. This means that most property acquired during a marriage is considered equally owned by both spouses, regardless of whose name is on the title or who earned the income.

What this means for estate planning: When one spouse dies, they can only direct what happens to their half of community property in their will. The other half already belongs to the surviving spouse [3]. Separate property (assets owned before marriage, or received as gifts or inheritance during marriage) can be directed entirely by the owner's will.

Understanding which of your assets are community property and which are separate property is an important first step in estate planning in Washington.

Wills in Washington

Washington recognizes a standard witnessed will. To be valid, a will must be [1]:

In writing. Signed by the person making the will (the "testator"). Signed by at least two competent witnesses.

Washington does not recognize holographic (handwritten, unwitnessed) wills. If your will isn't properly witnessed, it may not be valid [1].

What Happens Without a Will

If a Washington resident dies without a will, state law determines who inherits [2]. The general rules:

If married with no children: The surviving spouse inherits everything (community and separate property). If married with children: The surviving spouse inherits all community property plus half of separate property. Children inherit the other half of separate property. If single with children: Children inherit everything. If single with no children: Parents inherit. If no parents, then siblings, then more distant relatives.

These defaults may not match your intentions, which is why having a will matters.

Probate in Washington

Washington's probate process is considered relatively straightforward compared to states like California or New York [5]. The process is called "nonintervention administration" when granted by the court, which means the executor can manage most estate business without ongoing court approval [1].

Washington also offers a simplified process for small estates. If the total value of the estate (excluding the homestead) is below a threshold set by statute, heirs may be able to use a small estate affidavit to claim assets without full probate [1].

Estate and Inheritance Taxes

Washington is one of a handful of states that levies its own estate tax, separate from the federal estate tax. The Washington estate tax applies to estates exceeding a $2.193 million threshold (as of 2024). Rates range from 10% to 20% depending on the estate's value [1].

Washington does not have an inheritance tax (a tax on the people receiving assets, rather than on the estate itself).

For most Washington residents, the state estate tax won't apply. But for those with substantial assets, it's an important consideration that may influence whether a trust or other planning strategies are worthwhile.

Finding an Attorney in Washington

The Washington State Bar Association maintains a lawyer directory searchable by practice area and location [6]. Look for attorneys who list estate planning, wills, or trusts as a primary practice area.

Many Washington estate planning attorneys offer free or low-cost initial consultations. If you're in the Seattle-Tacoma area, there's no shortage of qualified estate planning attorneys to choose from.

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