Are Beneficiary Designations Protected in Washington?
Washington automatically revokes an ex-spouse as beneficiary at divorceRCW 11.07.010; RCW 11.12.051Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
A beneficiary designation on life insurance, a retirement account, a payable-on-death bank account or a transfer-on-death brokerage account decides who receives that asset at death, in Washington as everywhere. The designation controls over the will or trust, and an outdated one stays in force whatever the other documents say.
Yes. Washington automatically revokes an ex-spouse as beneficiary on divorce for these asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuitiesRCW 11.07.010; RCW 11.12.051Verified Sep 15, 2026View source. An ERISA-governed employer plan (a 401(k), a pension) follows federal law instead and must be updated by hand whatever the state rule says.
As a community property state, Washington generally requires spousal consent to name a non-spouse beneficiary on a retirement account funded with community propertyRCW 26.16.030(1); RCW 26.16.030(2); RCW 6.15.020(6); 29 U.S.C. § 1055 (ERISA § 205)Verified Sep 15, 2026View source. This applies to: retirement accounts. The federal Employee Retirement Income Security Act (ERISA) preempts state law for an employer-sponsored plan such as a 401(k), a pension or group life insurance: the plan pays the designation on file with the plan administrator, and a qualified plan requires the spouse's consent to name anyone else (Egelhoff v. Egelhoff, 2001; Kennedy v. Plan Administrator, 2009).
Washington gives inherited IRAs partial protection from creditorsRCW 6.15.020 (as amended by 2026 c 238 § 804, eff. 6/11/2026)Verified Sep 15, 2026View source; the reach can depend on whether the IRA came from a spouse and whether the case is in state or federal court. After Clark v. Rameker (2014), federal bankruptcy law does not protect an inherited IRA on its own.
No. Washington does not default to per stirpes for beneficiary designationsRCW 11.12.110 (anti-lapse — WILLS and death-irrevocable grantor TRUSTS only); RCW 11.12.120 (lapsed will gift falls into residue); RCW 21.35.035 (TOD securities pass only to surviving beneficiaries); RCW 30A.22.100(4) (POD funds to surviving beneficiaries); RCW 64.80.100(1)(b) (TOD deed interest "lapses")Verified Sep 15, 2026View source: when a named beneficiary dies before the account holder, the share lapses unless the designation says per stirpes or names a contingent beneficiary.
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Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
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Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn moreForms for Planning Your Estate in Washington
Free forms for planning your estate in Washington: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Washington, a will is signed before 2RCW 11.12.020Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyRCW 11.12.020Verified Oct 19, 2026View source.
Healthcare Power of Attorney
Washington allows a choice for a healthcare power of attorney: 2RCW 11.125.050; RCW 11.125.400; RCW 70.122.030; RCW 7.70.065Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
Washington requires explicit durability language for a power of attorney to survive incapacityRCW § 11.125.050Verified Sep 20, 2026View source, and it is signed before 2RCW § 11.125.050Verified Sep 20, 2026View source witnesses or a notary.
Transfer on Death Deed
In Washington, a transfer on death deed is signed before a notaryRCW 64.80.010 to 64.80.904Verified Oct 19, 2026View source, then recorded with the county before the owner's deathRCW 64.80.010 to 64.80.904Verified Oct 19, 2026View source.
Living Will
In Washington, the living will is the Health Care DirectiveRCW ch. 70.122 (Natural Death Act)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Tools for Planning Your Estate in Washington
Free tools for planning your estate in Washington: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Washington runs $3,400Estimate: 10 hours at $340, Clio's Washington Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,100Estimate: 15 hours at $340, Clio's Washington Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,164Estimate: 3 hours at $388, Clio's Washington Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,328Estimate: 6 hours at $388, Clio's Washington Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Washington, four years at a public university cost about $91,896NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 7% above the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; the state levies an estate taxRCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source above $3,000,000RCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Washington costs an estimated $27,599RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source. Attorney fees run 2.2%RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source to 3.5%RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Washington is a community property state, so the surviving spouse already owns half of what the couple acquired during the marriage. Without a will in Washington, descendants divide what passes to them per capita with representationRCW § 11.04.015Verified Sep 10, 2026View source, and an heir must survive the decedent by 120 hoursRCW § 11.05A.020Verified Sep 10, 2026View source to inherit.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Washington runs $3,400Estimate: 10 hours at $340, Clio's Washington Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,100Estimate: 15 hours at $340, Clio's Washington Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Washington runs $1,164Estimate: 3 hours at $388, Clio's Washington Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,328Estimate: 6 hours at $388, Clio's Washington Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $27,599RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
In Washington, a parent names a guardian for a minor child in a will or a separate signed writingRCW 11.130.215(2)(a); RCW 11.12.020 (will formalities)Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18RCW 26.28.010Verified Sep 16, 2026View source.
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Washington Estate Planning Resources
In-depth guides covering Washington probate laws, trust requirements, and estate planning strategies.