Making a valid will is an important part of planning for the future. In Washington, there are clear legal rules you need to follow to ensure your estate is properly taken care of after you die. Creating a will that complies with state requirements can protect your final wishes and spare your loved ones from complications during the probate process.
Testator’s legal competency
To make a valid will, you need to be at least 18 years of age. You must also be of sound mind when drafting the document. This means you need to understand what property you own, who will receive it and how your assets will be divided.
Proper documentation
Any valid will in Washington must be in writing to be legally enforceable. While handwritten wills are acceptable by law, they are subject to the same strict witnessing requirements as typed documents. Using a computer to draft your will is often the preferred method, as it ensures your last requests are clear and legible, avoiding the risk of confusion later.
Affixed signatures
As the testator, you need to sign the will yourself to validate it. If you cannot sign it due to disability, the law allows another person to sign it for you while you are present. In addition to your signature, you may want to add the date to establish that the document is the latest version.
Presence of competent witnesses
According to state laws, you need to sign or confirm your signature with two or more individuals as witnesses. You cannot have future heirs or beneficiaries as testifiers in order to protect the validity of your will.
The witnesses must watch you sign the will before placing their own signatures. Their endorsement proves you signed willingly and were of sound mind at the time.
Why consider naming an executor
While the absence of an executor does not invalidate your will, your final wishes may not be followed if the court appoints one for you. Naming someone you trust as a personal representative can protect your efforts to draft a valid will. Moreover, your chosen executor will more likely handle your estate, settle your debts and distribute your assets according to your instructions.
Prioritizing certainty and control of your assets
A properly crafted will is not just a statement of your parting instructions; it is also a gift to the ones you leave behind. Seeking legal guidance can help ensure that your will truly reflects and enforces your intentions.