Do I Need a Trust in Washington?
Probate in Washington takes 4 months to 6 months for a simple estate and charges attorney fees of typically 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; assets held in a revocable trust skip both.
It depends on your estate size. In Washington, estates valued at $100,000RCW 11.62.010Verified Sep 9, 2026View source or less skip probate with the Small Estate AffidavitRCW 11.62.010Verified Sep 9, 2026View source, 40 daysRCW 11.62.010Verified Sep 9, 2026View source after death. Above that line, probate takes 4 months to 6 months and costs about $27,599RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source on a $500,000 estate. A funded revocable trust avoids probate entirely.
Probate in Washington charges attorney fees of typically 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, plus executor fees and court costs: about $27,599RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source on a $500,000 estate all in. A trust avoids probate costs entirely. See a detailed breakdown with the Washington probate calculator.
Washington allows estates valued at $100,000RCW 11.62.010Verified Sep 9, 2026View source or less to use the Small Estate AffidavitRCW 11.62.010Verified Sep 9, 2026View source, which avoids full probate administration. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 40 daysRCW 11.62.010Verified Sep 9, 2026View source after death. This route is faster and less expensive than full probate, but a trust avoids it entirely.
Simple estates in Washington typically take 4 months to 6 months through probate; average estates 6 months to 9 months, and estates with disputes or multiple properties longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
A properly funded revocable trust in Washington avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 4 months to 6 months probate timeline. Assets in the trust transfer directly to beneficiaries. Compare the trade-offs with the Washington trust vs. will comparison.
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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.
Pour-Over Will
In Washington, a pour-over will is signed before 2RCW 11.12.020Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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.
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 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.
Trust or Will: Which Costs Less?
In Washington, a will-based plan pays probate attorney fees of typically 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; a funded revocable trust keeps those assets out of probate and off that fee.
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.
Are My Beneficiary Designations Protected?
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.
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Washington Estate Planning Resources
In-depth guides covering Washington probate laws, trust requirements, and estate planning strategies.