A handwritten will may seem like a simple way to pass on your assets after death. However, Washington State does not recognize handwritten wills as valid unless they meet very strict legal standards.
If a handwritten will does not meet these requirements, a court may ignore it, and they may handle the estate as if no will existed at all.
Washington’s rules regarding a last will and testament
Washington law requires a valid will to be in writing, signed by the person creating the will and witnessed by at least two people. If a will is handwritten but does not include proper witnessing, it may not hold up in probate court. This could lead to confusion, delays and disputes among surviving family members. A court may distribute the estate based on Washington’s default rules rather than honoring the person’s wishes.
People often create handwritten wills during emergencies, while traveling, or after major life changes. These documents might not include important updates or clear instructions. For example, the will may mention property that the person no longer owns or leave out newly acquired assets. It may also fail to name alternate beneficiaries, guardians for minor children or instructions for paying debts and taxes.
The benefits of updating your will
Updating a will can help avoid these issues. An updated will should follow Washington’s legal requirements and reflect current life circumstances. This includes changes in relationships, new children or grandchildren, the sale or purchase of property or changes in health. A valid and current will makes it easier for loved ones to carry out final wishes and settle the estate.
Waiting to update a handwritten will increases the risk that the court may not accept it. The longer the delay, the more likely the document becomes outdated or unclear. If the court finds the will invalid, the estate may go through probate without guidance from the deceased person’s written wishes.