Understanding Washington State Estate Planning Laws

Estate planning in Washington State goes far beyond drafting a simple will—it's a structured legal process shaped by state-specific rules, tax requirements, community property laws, and unique probate procedures. Whether you are a Washington resident securing your family’s future or assisting elderly parents, understanding these local estate planning laws is essential.

Washington stands out from many other U.S. states with its state-level estate tax, strong community property protections, and options such as transfer-on-death deeds for real estate. This article explores the fundamentals of Washington estate planning and the importance of proactive estate planning so you can make informed, legally sound decisions.

Washington consistently ranks as one of the states with the most structured estate planning requirements. One major distinction is the Washington State Estate Tax, which applies to estates valued above a certain threshold—independent of federal taxes. Unlike states that follow common-law property rules, Washington is a community property state, meaning assets acquired during marriage are automatically shared equally.

Additionally, Washington offers unique planning tools such as the Community Property Agreement (CPA), which can simplify transfers between spouses upon death. These state-specific features make it important to tailor any estate plan to Washington statutes instead of relying solely on generic U.S. templates.

In Washington, a legally valid will must meet a few basic requirements:

• The testator (person writing the will) must be at least 18 years old.

• They must be of sound mind.

•  The will must be in writing and signed in the presence of two competent witnesses.

Although Washington allows handwritten wills (holographic wills) only if they meet formal witnessing rules, it does not legally recognize unwitnessed holographic wills—even if they’re signed.

Another unique factor is that Washington has very strict rules on omitted spouse and omitted child claims. If someone writes a will and later gets married or has a child without updating the document, the omitted spouse/child may still be entitled to a share of the estate. This makes periodic updates essential.

Because Washington is a community property state, most assets acquired during marriage are jointly owned—even if only one spouse’s name is on the title. This significantly affects estate planning:

• A spouse cannot freely give away more than half of the community assets in a will.

• Community Property Agreements (CPAs) can transfer all shared property directly to the surviving spouse without probate.

• Individual assets, such as property owned before marriage or inherited items, are treated as separate property unless they become mixed with shared finances.

Understanding this distinction helps avoid unintended disputes and ensures you plan correctly for jointly owned property.

Yes. Washington imposes its own estate tax, which is separate from the federal estate tax.

Key points include:

• The tax applies to estates valued above the state's exemption threshold (which adjusts periodically for inflation).

• Washington’s estate tax rates are progressive—larger estates pay a higher percentage.

• Lifetime gifts are not taxed in Washington, but large gifts may impact federal estate tax calculations.

Because of this, many residents use strategies such as trusts, gifting, charitable contributions, or life insurance planning to reduce the taxable value of their estate.

Probate in Washington is generally considered more streamlined compared to many other states. Not every estate must go through full probate—Washington offers “nonintervention probate,” a simplified option that allows executors to handle assets with minimal court involvement if the will permits it.

Probate is typically required when:

• There is real estate solely in the decedent’s name.

• The estate includes complex or contested assets.

• No beneficiary designations exist on major accounts.

For smaller estates, Washington provides a Small Estate Affidavit process, allowing heirs to avoid formal probate if the estate meets certain value conditions.

Washington law supports several probate-avoidance tools, including:

• Transfer-on-Death (TOD) deeds for real estate

• Payable-on-Death (POD) bank accounts

• Revocable living trusts

• Joint ownership with rights of survivorship

• Community Property Agreements

A TOD deed is especially helpful because it allows homeowners to name beneficiaries who automatically inherit the property without probate—an option not available in all U.S. states.

Trusts are commonly used to manage assets, reduce tax burdens, and prevent probate. In Washington:

• Revocable living trusts help avoid probate and maintain privacy.

• Irrevocable Trusts can reduce estate tax liability.

• Special needs trusts protect benefit eligibility for disabled dependents.

• Charitable trusts support organizations while providing tax advantages.

For high-value estates or families with complex dynamics, trusts offer more control and protection than a standard will.

• Washington has state-specific estate rules, like its own estate tax and community property laws.

• Wills must meet strict witnessing requirements; unwitnessed handwritten wills are not recognized.

• Community property rules heavily influence how assets can be distributed.

• Washington’s estate tax makes strategic planning important, especially for high-value estates.

• Probate can be streamlined through nonintervention probate or avoided using TOD deeds, trusts, and CPAs.

• Trusts are highly beneficial for tax planning, privacy, and complex family needs.