How Does Estate Planning Work in Washington?

Your complete Washington estate planning overview: probate costs, will execution requirements, trust rules, and what happens if you die without a plan.

Frequently Asked Questions

Probate in Washington uses reasonable compensation for attorney fees, typically 2.2-3.5% of the estate value — about $30,624 all-in on a $500,000 estate. Estates under $100,000 may qualify for simplified probate.

Simple estates in Washington typically take 4-6 months through probate. Complex or contested estates can take 1-3 years. A revocable trust avoids probate entirely.

Washington does not require witnesses for trust execution. Notarization is not required for validity, though many financial institutions require notarized trust documents. The successor trustee can publish Washington's optional creditor notice to shorten the claim window to 4 months; without it, the settlor's creditors have up to 24 months to bring a claim.

Washington offers remote online notarization (RON) for estate planning documents and transfer-on-death deeds to pass real estate without probate. These tools, combined with revocable trusts and beneficiary designations, provide multiple ways to transfer assets without probate.

A healthcare power of attorney in Washington requires 2 witnesses or notarization to be valid. A financial power of attorney requires 2 witnesses or notarization. A financial power of attorney is not durable by default — it must include specific durability language to survive incapacity.

In Washington, the executor must file an inventory of the estate's assets within 90 days of appointment. A revocable trust skips the court-supervised inventory entirely, so a trustee distributes assets without filing one.

In Washington, divorce automatically revokes a beneficiary designation that names a former spouse on covered accounts, so the asset does not pass to the ex-spouse unless the designation is renewed after the divorce.

Estate Planning in Washington

Estate planning in Washington is shaped by community-property rules and remote online notarization. The choice between a will and a revocable trust depends on which of those features changes the cost or process for your situation, not on any single rule.

Probate in Washington runs attorney fees on a reasonable-compensation standard, typically 2.2-3.5% of the estate value, with room to negotiate. A simple estate typically closes in 4-6 months, and the 4-month creditor-claim window sets the floor. Estates under $100K can use the Small Estate Affidavit (disposition of personal property, debts by affidavit) and avoid full probate administration. The Small Estate Affidavit (disposition of personal property, debts by affidavit) is presented directly to the bank, employer, or other holder of the property — it is not filed with a court.

For a revocable trust, Washington does not require witnesses for trust execution. Notarization isn't required for validity, though banks and title companies typically expect a notarized trust before they'll work with it. Washington has not adopted the Uniform Trust Code; trust administration follows the state's own rules, which can affect trustee duties and beneficiary remedies.

Washington offers transfer-on-death deeds, which move real estate to a named beneficiary at death without probate and remote online notarization for estate documents, so signing can happen over secure video. Combined with beneficiary designations on retirement accounts and payable-on-death registrations, these can move significant value outside probate without setting up a trust.

SimplyTrust Editorial·Updated July 14, 2026

Sources

app.leg.wa.gov

Data sourced from Washington estate law primary sources (4 pages reviewed). How we research.

Washington Estate Planning Tools

Answer a specific Washington question: How much does probate cost in Washington? · Who inherits without a will in Washington? · Do I need probate in Washington? · How much does a will cost in Washington? · How much does a trust cost in Washington? · How do I sign a will in Washington?

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