Should You Get a Trust or a Will in Washington?
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.
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. The trust also distributes assets faster than the 4 months to 6 months probate timeline a simple estate takes.
Probate in Washington runs about $27,599RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source on a $500,000 estate in combined attorney, executor, and court fees. A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Washington probate calculator.
No. A will must go through probate in Washington. A small estate may qualify for a simplified route: 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. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court.
Simple estates in Washington typically take 4 months to 6 months through probate; average estates 6 months to 9 months, and contested estates longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
Yes. A will becomes a public court record once it enters probate in Washington: the will, the inventory, the beneficiaries and the distributions. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.
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Marriage
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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.
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.
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.
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Will My Estate Documents Transfer?
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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.
Do I Need a Revocable Trust?
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.
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.
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Washington Estate Planning Resources
In-depth guides covering Washington probate laws, trust requirements, and estate planning strategies.