How to Make a Will in Washington (2026 Guide)

A will made in Washington must be signed by you and by 2 witnesses to be valid. Yes (Wash. Rev. Code § 11.20.020(2)). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Washington will covers, generated from the same rules.

Make my free Washington will

Washington will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	Yes
Remote witnessing allowed	No
Community property state	Yes
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Wash. Rev. Code § 11.12.020
Financial POA statute	Wash. Rev. Code ch. 11.125 (Washington Uniform Power of Attorney Act, 2017)
Healthcare directive statute	Wash. Rev. Code § 11.125.400 (health care power of attorney under the Uniform Power of Attorney Act) and ch. 70.122 (Natural Death Act; health care directive form at § 70.122.030)

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another under the testator's direction and in the testator's presence), and attested by two or more competent witnesses who subscribe their names to the will, or sign an affidavit, while in the presence of the testator and at the testator's direction or request (Wash. Rev. Code § 11.12.020). Use adult witnesses who take nothing under the will: a gift to a subscribing witness is presumed to have been procured by duress, menace, fraud or undue influence and is void unless the presumption is rebutted, although the witness may still take up to his or her intestate share — unless there are two other disinterested witnesses (Wash. Rev. Code § 11.12.160). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting. Electronic wills are governed separately by Wash. Rev. Code §§ 11.12.400 to 11.12.491.

Do you need a notary in Washington?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Wash. Rev. Code § 11.20.020(2)). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Washington

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another under the testator's direction and in the testator's presence), and attested by two or more competent witnesses who subscribe their names to the will, or sign an affidavit, while in the presence of the testator and at the testator's direction or request (Wash. Rev. Code § 11.12.020). Use adult witnesses who take nothing under the will: a gift to a subscribing witness is presumed to have been procured by duress, menace, fraud or undue influence and is void unless the presumption is rebutted, although the witness may still take up to his or her intestate share — unless there are two other disinterested witnesses (Wash. Rev. Code § 11.12.160). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting. Electronic wills are governed separately by Wash. Rev. Code §§ 11.12.400 to 11.12.491.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Wash. Rev. Code § 11.20.020(2)). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Washington allows a testator to deposit a will with the clerk of the superior court of the county of residence for safekeeping during the testator's lifetime for a $20 fee; it is sealed and released only to the testator or, after death, opened and filed (Wash. Rev. Code § 11.12.265). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

Washington is a community property state and has no elective share. Each spouse or registered domestic partner already owns one-half of the community property (Wash. Rev. Code § 26.16.030), so a will disposes of only the testator's half plus separate property (Wash. Rev. Code § 11.02.070). The surviving spouse may petition for an award from the estate of up to the homestead exemption amount regardless of the will (Wash. Rev. Code ch. 11.54).

Washington is a community property state. Property acquired during marriage is generally owned half by each spouse. A will disposes only of the testator's half plus separate property. Our Washington will includes a community property acknowledgment.

Homestead

No special restriction on devising a homestead by will, but the surviving spouse or domestic partner (and dependent children) may petition for a family support award of up to the homestead exemption amount, which has priority over most claims and devises (Wash. Rev. Code §§ 11.54.010, 11.54.020); the homestead exemption from creditors is in Wash. Rev. Code ch. 6.13.

If you die without a will in Washington

If you die without a will in Washington, your spouse or registered domestic partner takes all of the community property. Of your separate property, the spouse takes everything if you leave no descendants, parents or siblings; one-half if you leave descendants; and three-quarters if you leave parents or siblings but no descendants (Wash. Rev. Code § 11.04.015). The rest passes to descendants, then parents, then siblings. More on intestacy.

Other estate-planning documents in Washington

• Durable financial power of attorney: Wash. Rev. Code ch. 11.125 (Washington Uniform Power of Attorney Act, 2017). A power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction) and either acknowledged before a notary public or signed by two adult witnesses who are not home care providers for the principal, care providers at an adult family home or long-term care facility where the principal resides, or related to the principal or agent by blood, marriage or domestic partnership (Wash. Rev. Code § 11.125.050). Sign before a notary — a notarized power is needed to record it with the county auditor for real estate — and before two witnesses as well.
• Advance healthcare directive: Wash. Rev. Code § 11.125.400 (health care power of attorney under the Uniform Power of Attorney Act) and ch. 70.122 (Natural Death Act; health care directive form at § 70.122.030). A health care power of attorney is executed like any Washington power of attorney: signed by the principal and either acknowledged before a notary public or signed by two qualified adult witnesses (Wash. Rev. Code §§ 11.125.050, 11.125.400). A health care directive (living will) must be signed in the presence of two witnesses who are not related to the declarant by blood or marriage, not entitled to any part of the estate, not the attending physician or an employee, and not an employee of the facility where the declarant is a patient (Wash. Rev. Code § 70.122.030). The statutory directive form is optional.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Wash. Rev. Code § 11.12.260).

Washington notes

• Washington is a community property state (Wash. Rev. Code § 26.16.030). Your will controls only your separate property and your one-half interest in community property; a community property agreement under Wash. Rev. Code § 26.16.120, if you have one, may pass property outside the will.
• Washington recognizes electronic wills under its Uniform Electronic Wills Act (Wash. Rev. Code §§ 11.12.400 to 11.12.491); this service produces a paper will to be signed with pen and ink with everyone in the same room.
• Washington does not recognize holographic (unwitnessed handwritten) wills.

Frequently asked questions

How many witnesses does a will need in Washington?

Washington requires 2 witnesses (Wash. Rev. Code § 11.12.020). Two witnesses. The will must be in writing, signed by the testator (or by another under the testator's direction and in the testator's presence), and attested by two or more competent witnesses who subscribe their names to the will, or sign an affidavit, while in the presence of the testator and at the testator's direction or request (Wash. Rev. Code § 11.12.020). Use adult witnesses who take nothing under the will: a gift to a subscribing witness is presumed to have been procured by duress, menace, fraud or undue influence and is void unless the presumption is rebutted, although the witness may still take up to his or her intestate share — unless there are two other disinterested witnesses (Wash. Rev. Code § 11.12.160). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting. Electronic wills are governed separately by Wash. Rev. Code §§ 11.12.400 to 11.12.491.

Does a will need to be notarized in Washington?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Washington have a self-proving affidavit?

Yes (Wash. Rev. Code § 11.20.020(2)). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Washington?

Washington does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Washington?

Washington is a community property state and has no elective share. Each spouse or registered domestic partner already owns one-half of the community property (Wash. Rev. Code § 26.16.030), so a will disposes of only the testator's half plus separate property (Wash. Rev. Code § 11.02.070). The surviving spouse may petition for an award from the estate of up to the homestead exemption amount regardless of the will (Wash. Rev. Code ch. 11.54).

What happens if I die without a will in Washington?

If you die without a will in Washington, your spouse or registered domestic partner takes all of the community property. Of your separate property, the spouse takes everything if you leave no descendants, parents or siblings; one-half if you leave descendants; and three-quarters if you leave parents or siblings but no descendants (Wash. Rev. Code § 11.04.015). The rest passes to descendants, then parents, then siblings.

Is a no-contest clause enforceable in Washington?

Washington has no statute on no-contest clauses in wills. Washington courts enforce them but hold that a contest brought in good faith and with probable cause does not trigger forfeiture (In re Estate of Kubick, 9 Wash. App. 413 (1973); In re Estate of Mumby, 97 Wash. App. 385 (1999)).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.