What the rule says
Washington requires specific formalities for a valid will. Under Wash. Rev. Code § 11.12.020, a valid Washington will must satisfy:
1. A writing. The will must be in writing. 2. The testator's signature. The testator must sign at the end of the will, or another may sign at the testator's direction in the testator's presence. 3. Two competent witnesses. Two competent witnesses must sign the will in the testator's presence after the testator signs or acknowledges the signature.
The witnesses must be "competent" — generally adults able to understand the act of witnessing and to testify if needed.
Compliance details
A few specific features of Washington execution requirements:
- Witnesses must sign in the testator's presence. This is a strict requirement — witnesses signing outside the testator's presence may invalidate the will. - Beneficiary witnesses face partial gift voidance. Under Wash. Rev. Code § 11.12.160, a witness who is also a beneficiary may have the gift to that witness voided unless other disinterested witnesses validate the will. - Holographic wills are not generally recognized. Washington does not recognize handwritten unwitnessed wills for ordinary residents, with limited exceptions for service members during war. - Self-proving affidavits are recognized under Wash. Rev. Code § 11.20.020. A will accompanied by a self-proving affidavit signed before a notary at execution can be admitted to probate without requiring witness testimony.
Why this matters
Will execution failures produce intestacy. A WA resident whose will does not meet § 11.12.020 has no valid will, and the estate passes by intestate distribution under § 11.04.015 — with the community/separate property distinction governing outcomes.
For WA residents specifically, a valid will is also the gateway to coordinating with the community property agreement (covered separately). A CPA can substantially simplify estate administration, but it works alongside a will rather than replacing it for all purposes.
What you can do about it
For a Washington will execution:
- Have the testator and two disinterested witnesses present at the same time. Witnesses should observe the signing or acknowledgment. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses. - Coordinate with community property agreement if one is in place.
Who this affects most
WA will execution requirements are most consequential for:
- Anyone executing a will in Washington - Out-of-state residents who relocated to WA with handwritten unwitnessed wills (not generally valid in WA) - Estates relying on witness testimony years after execution without a self-proving affidavit - Households where a beneficiary served as a witness — partial gift voidance applies
Washington's execution requirements are not unusual nationally but are exact. Compliance produces a will that is broadly accepted at probate.