Elevated Estate Planning, P.S. | August 11, 2025 | Wills
Creating a valid will is one of the most important steps you can take when planning for your future. In Washington, the law sets out clear rules that must be followed for a will to be legally recognized. If any of these rules are not met, the court may not honor the will during probate, which could result in your assets being distributed differently than you intended.
Here’s what you need to know about the basic requirements for a valid will in Washington and why it’s worth getting legal help.
You Must Be Legally Competent to Make a Will
To make a will in Washington, you must be at least 18 years old and of “sound mind.”
This means you must understand:
- What it means to create a will
- The extent of your property
- Who your beneficiaries are (such as family or friends)
- How your assets will be distributed
If someone challenges your will after your death, they might try to argue that you lacked the mental capacity to understand these things at the time the will was made. This is one reason why having legal support during the drafting process is a good idea.
The Will Must Be in Writing
Washington law requires that a will be in writing. While handwritten wills (also called holographic wills) can sometimes be valid in other states, they are not automatically recognized in Washington unless they meet all the same legal standards as a typed will.
That means it’s always best to draft your will using a computer or with an attorney’s help. This makes it easier to meet the formal requirements and avoids confusion later.
You Must Sign the Will
The person making the will (called the testator) must sign it themselves. If you’re unable to sign the will due to a physical condition, you can direct someone else to sign it for you in your presence. However, this should only be done under special circumstances and with legal oversight to ensure the signature is valid.
The date of signing should also be included, though it’s not technically required. A dated will makes it easier to confirm that it is the most recent and controlling version.
You Need Two Witnesses
Washington law also requires at least two competent witnesses to be present when you sign your will or when you acknowledge your signature. These witnesses must then also sign the will themselves.
Importantly, your witnesses should not be people who stand to inherit under the will. If they are, their portion of the inheritance could be challenged or even voided. Choosing disinterested witnesses (people who don’t gain from your estate) helps protect the document.
What Could Make a Will Invalid?
Some of the most common reasons a Washington court may find a will invalid include:
- It wasn’t signed or witnessed correctly
- The testator didn’t have the mental capacity to create it
- The will was made under duress, coercion, or fraud
- A more recent will exists that replaces it
Avoiding these problems is easier if you work with an estate planning attorney. A lawyer can help you follow all the necessary legal requirements and help ensure that your wishes are properly documented.
Contact a Spokane Will Lawyer at Elevated Estate Planning, P.S. Today
Making a valid will in Washington isn’t overly complicated, but it’s still easy to make small mistakes that can cause big problems. A skilled estate planning lawyer can make sure your will is legally sound and aligned with your goals. This can give you peace of mind and help your loved ones avoid legal issues after you’re gone.
If you’re ready to create or update your will, contact Elevated Estate Planning, P.S. to discuss your options and take the next steps.
For more information, please contact Elevated Estate Planning, P.S. to schedule a consultation. We have four convenient locations in Washington, including Spokane, Kennewick, and Yakima.
Elevated Estate Planning, P.S. Spokane
9507 N Division St # B, Spokane, WA 99218
(509) 328-2150
Elevated Estate Planning, P.S. Kennewick
6855 W Clearwater Ave A103, Kennewick, WA 99336
(509) 328-2150
Elevated Estate Planning, P.S. Yakima
1115 W Lincoln Ave Suite 109, Yakima, WA 98902
(509) 328-2150