Estate plan requirements
Washington
Everything you need to create a valid estate plan in Washington: wills, trusts, powers of attorney, and healthcare directives.
Will
2W
Trust
—
POA
2W
Healthcare Dir.
2W
E-will
Adopted
Since 2022
Online notary (RON)
Authorized
Since 2020
Remote witnessing (ROW)
All docs
Since 2022
Community property
Yes
Minimum age
18
Will
Witnesses: 2 required
Two competent witnesses must sign at the testator's request and in their presence
Notarization: Recommended
Not legally required, but recommended for self-proving affidavit
Holographic will: Not valid
Washington does not recognize handwritten wills without witnesses
Self-proving affidavit: Available
Allows the will to be admitted to probate without witness testimony
Living Trust
Witnesses: None required
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Notarization: Recommended
Not legally required for the trust document, but needed to transfer real property
Durable Power of Attorney
Witnesses: 2 required
Washington requires 2 witnesses for power of attorney execution
Notarization: Not required
Notarization is not required but may be recommended
Alternative to witnesses: Notary acknowledgment
Either two witnesses OR acknowledgment before a notary — Wash. Rev. Code §11.125.050
State-specific notes
Healthcare Directive
Witnesses: 2 required
Washington requires 2 witnesses for healthcare directive execution
Notarization: Not required
Notarization is not required but may be accepted
State-specific notes
Community property
Washington is a community property state. Assets acquired during marriage are jointly owned by both spouses. This affects all four estate planning documents.
Married couples should consider how community property rules interact with their will, trust, power of attorney, and healthcare directive to ensure consistent coverage.
Electronic will status
Washington has adopted electronic will legislation (2022). You may be able to create, sign, and witness a will electronically using approved methods.
Remote online notarization
Washington authorized remote online notarization (RON) in 2020. You can have your estate planning documents notarized via live video call with an approved notary, without an in-person appointment.
Remote online witnessing
Washington authorized remote online witnessing (ROW) in 2022. Witnesses can observe your signing via live video call for wills, trusts, powers of attorney, and healthcare directives.
This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Washington for guidance specific to your situation.