Estate plan
Washington
Everything to plan your estate in Washington: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.
Will
2W
Trust
—
POA
2W
HC Directive
2W
E-will
Adopted
Since 2022
RON
Since 2020
Remote online notarization
ROW
All documents
Remote online witnessing
Community property
Yes
Minimum age
18
Will
Wash. Rev. Code §11.12.010 et seq.
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
Wash. Rev. Code §26.16.030 et seq.
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
ViewCommunity property article
Durable Power of Attorney
Witnesses: 2 required, or notary
Washington accepts either 2 witnesses or notarization for power of attorney execution
Notarization: Accepted as alternative to witnesses
RCW §11.125.050(1) lets a Washington Power of Attorney be executed by either two witnesses OR acknowledgment before a notary public; either is sufficient for general validity. A notary acknowledgment is separately necessary for any conveyance of real property to be recordable with the County Auditor under RCW §65.04 and §65.08, so we render both two witnesses and a notary block by default to keep every real-estate power usable. Either signing path alone produces a valid Washington POA.
State-specific notes
ViewWitness disqualification recital
Health Care Directive
Wash. Rev. Code §70.122.010 et seq.
Witnesses: 2 required, or notary
Washington accepts either 2 witnesses or notarization
Notarization: Accepted as alternative
RCW §70.122.030(1) lets a Washington Health Care Directive be executed by either acknowledgment before a notary public (or other person authorized by law to take acknowledgments) OR signature before two qualified witnesses; either path is sufficient. We render both witness signature lines and a notary acknowledgment block by default to maximize portability and satisfy either prong on the executed face.
State-specific notes
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Disposition of Remains Authorization
Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.
HIPAA Authorization
Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.
Nomination of Conservator
Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.
Business Succession Declaration
Identifies your interests in any closely-held businesses and how they should be transferred or wound down.
Real-Estate Retitling Checklist
Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.
Letter of Instruction
Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.
Free vs. Plus
Community property
Washington is a community property state. Assets acquired during marriage are jointly owned by both spouses. This affects every document in your estate plan.
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.
Digital assets access
Washington has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.
To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.
Remote online notarization (RON)
Washington authorized RON in 2020.
Will
Allowed
Trust
Allowed
POA
Allowed
Remote online witnessing (ROW)
Washington allows remote online witnessing for all estate planning documents. Witnesses can observe your signing over a live video call instead of being physically present. Wills authorize electronic-presence witnessing under RCW §11.12.020 (2021 c 140, effective Jan 1, 2022). Nontestamentary estate-planning documents (POA, HCD, living trust, disposition of remains) authorize electronic-presence witnessing under RCW Ch. 11.135 (Uniform Electronic Estate Planning Documents Act, 2024 c 188; witnessing at §11.135.090; remote notarization at §11.135.080 via the RON framework in RCW §42.45.280).
Will
Allowed
Trust
Allowed
POA
Allowed
HC Directive
Allowed
Last reviewed: May 11, 2026.
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.