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Compare 2026 New York vs Washington probate costs, will execution requirements, trust laws, and what happens if you die without a plan.
Washington's $100,000 small estate threshold is much higher than 50,000, allowing more estates to skip formal probate. Probate timelines differ significantly: Washington can complete simple estates in 4 months versus 7 months.
What's needed to create and execute a valid last will and testament.
Estimated probate costs including attorney fees, executor fees, and court costs.
With a valid will, you control who inherits - but it requires probate.
How easily you can create and sign your will digitally, including remote notarization options.
New York
ESRA explicitly excludes wills. EPTL 3-2.1 requires witnesses "in presence". Electronic Wills Act takes effect June 10, 2027.
RON authorized for notarization but ESRA exclusions make it useless for estate planning docs. EPTL 3-2.1 requires witnesses "in presence". Electronic Wills Act effective June 10, 2027.
Washington
Accepts out-of-state remote notarization
Electronic statute: RCW 11.12.400-491
Uniform Electronic Wills Act (effective Jan 1, 2022) allows electronic wills with remote witnessing.
Electronic Wills Act (2022) + UEEPDA (2024). Washington is one of the most comprehensive states for electronic estate planning documents.
How to modify your will after it's been signed and executed.
New York
Requires creating a new will or codicil with the same execution requirements. New York does not authorize electronic wills.
Washington
Washington authorizes electronic wills and electronic codicils. Paper wills require creating a new will or codicil with the same execution requirements.
This comparison provides general information about state estate planning laws and estimated costs. Actual requirements and costs may vary. Consult a licensed attorney for guidance specific to your situation.
Remote notarization is a key difference. Washington fully supports RON for trust signing, allowing notarization via video call.
New York requires 2 witnesses when signing a trust. Most states, including Washington, do not require witnesses for trust execution.
Both New York and Washington offer transfer-on-death deeds. TOD deeds transfer real estate at death without probate but only cover real property and don't provide incapacity protection. Trusts cover all asset types, provide privacy, and include incapacity provisions.
Guides covering New York and Washington estate planning laws.
Explore related tools and documents to complete your estate plan.
Transfer assets to your existing trust. State execution requirements included.
Create a free, state-specific will with witness and notarization requirements included.
Find out if a revocable trust makes sense based on your state's laws.
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.
Understand what you need to execute your estate planning documents. Check witness requirements, notarization rules, and whether you can sign remotely via video call (RON).
Step-by-step guide for successor trustees administering a trust. Understand your duties, notification deadlines, and asset management responsibilities.
Get a personalized checklist for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.