WA
Estate Planning in Washington
Estate planning in Washington rests on three documents: a will, a financial power of attorney, and an advance healthcare directive. Washington is a community property state, so most assets acquired during a marriage are owned equally by both spouses. Estates worth more than $100,000 go through full probate in Washington; smaller estates can use a simplified process. Washington levies its own state estate tax and no inheritance tax. Will execution is governed by Wash. Rev. Code §11.12.020.
Everything you need to know about not leaving a legal mess in Washington. You're welcome.
What does Washington law say about your estate?
| Requirement | Washington rule |
|---|---|
| Governing statute | Wash. Rev. Code §11.12.020 |
| Probate threshold | $100,000 |
| Property system | Community property |
| State estate tax | Yes |
| State inheritance tax | No |
Which estate planning documents do you need in Washington?
You’re going to die. And when you do, Washington law (Wash. Rev. Code §11.12.020) has some very specific opinions about what happens to everything you’ve spent your life accumulating. Without proper documents in place, the state basically writes your will for you. Spoiler alert: it probably won’t match what you actually wanted.
Washington is a community property state, which means your spouse automatically owns half your stuff whether you like it or not. The probate threshold here is $100,000, meaning estates below that amount can skip the full probate circus. Anything above that? Welcome to months of court proceedings and legal fees that’ll make your heirs question whether you actually loved them.
Oh, and Washington has its own estate tax, because the federal government taking a cut wasn’t enough.
What you actually need in Washington
There are three documents every WA resident should have, and no, a sticky note that says “give everything to my dog” doesn’t count:
- A Last Will & Testament. Tells Washington exactly who gets your stuff instead of letting some judge decide
- A Financial Power of Attorney. Picks someone to handle your money if you can’t (like if you’re in a coma, not just if you’re bad with money)
- An Advance Healthcare Directive. Makes your medical wishes known so your family doesn’t have to guess while sobbing in a hospital hallway
Why you shouldn’t put this off
Every day without these documents is a day you’re gambling with your family’s future. Washington intestacy laws might give your assets to relatives you haven’t spoken to in years, or tie everything up in probate court until your kids are old enough to need their own estate plans. The average attorney in Washington charges $1100+ for basic estate planning. Or you could handle it yourself for a fraction of that. Your call, but the clock’s ticking, literally.
What else do people ask about estate planning in Washington?
Do I need a lawyer for estate planning in Washington?
Legally, no. Washington doesn't require an attorney to create a will, POA, or healthcare directive. Attorneys are helpful for complex estates, but for straightforward situations, a DIY approach works fine. Just make sure you follow Washington's specific requirements.
How much does estate planning cost in Washington?
Attorneys in Washington typically charge 800-2200 for a basic estate plan. DIY options like Killswitch run $39-$99. Either way, it's cheaper than the probate court fees your family would face without any plan at all.
What happens if I die without a will in Washington?
Washington's intestacy laws kick in, which means the state decides who gets your stuff. Generally, it goes to your spouse and kids, but the exact split might surprise you. No spouse or kids? It goes to parents, siblings, or increasingly distant relatives. The state keeps it if nobody qualifies.
Is Washington a community property state?
Yes. Washington is a community property state, meaning most assets acquired during marriage are owned 50/50 by both spouses regardless of who earned the money. Your will covers your half plus any separate property.
All three documents
Will, power of attorney, and healthcare directive. $99, paid once.
Bought separately they run $147, which is $48 for the privilege of doing it in three sittings.
Look, we're not lawyers (we're way more fun at parties). This is educational content about Washington laws, not legal advice. If your situation is complicated (and let's be honest, whose isn't), talk to an actual attorney. We just make the paperwork less painful.
