Every state has it’s own rules, including Washington. Washington state is actually one of the few states that specifically permit the use of electronic wills, which means you can create a will and have it signed and witnessed—all online without ever leaving your couch! So, without further ado, let’s get into the details of what is required in Washington for a valid will.

According to Wash. Rev. Code § 11.12.020, a valid will in Washington must be in writing (it can be electronic), signed, and witnessed by two competent witnesses. Documents are required to be in writing, signed, and witnessed, whether on physical paper or electronically, because it helps provide evidence that the will-maker’s wishes were appropriately documented and confirmed. (Verbal wills are restricted and only allowed in certain circumstances). In addition, these formalities help to protect the will-maker from potential fraud, coercion, or undue influence, such as someone drafting a fake will (you can’t do that with witnesses!).

So, what exactly do you need to know about witnesses to a valid will in Washington state? The two witnesses required for a valid will must be competent and disinterested. Disinterested means that they do not take any benefit from the will. However, being an “interested” witnesses doesn’t automatically invalidate the will. Instead, if a person who is “interested” (a.k.a., receiving benefit from the will) is one of the witnesses, there must also be two additional disinterested witnesses. 

For example, lets say Jane has a will that devises all of her assets to her daughter Molly. Jane’s sister, Carrie and daughter, Molly are the two witnesses to the will. There must be one additional (disinterested) witness here because Molly is benefiting from the will (she is taking all of Jane’s assets). So, they bring in Tom, Jane’s brother, who also is not benefitting from the will.

The will-maker is of sound mind and 18+

According to Wash. Rev. Code § 11.12.010, a will-maker (also known as a Testator) must be “of sound mind” and at least 18 years old. The reasoning behind this is to ensure that the Testator is truly devising his or her assets according to their wishes and not being coerced or unduly influenced into signing something when not of sound mind or underage. People who are mentally incapacitated for whatever reason are generally not able to effectively convey their wishes and the requirement to be of sound mind helps alleviate questions of validity and protects vulnerable individuals from exploitation.

Are electronic wills valid in Washington?

Yes—you can execute a valid electronic will in the state of Washington and also sign it digitally, as well. Washington state is one of the few states that explicitly allows for electronic wills through the enactment of the Uniform Electronic Wills Act. In Washington, you can create a will electronically and it be enforced once you pass away. You are able to digitally draft it, digitally sign it, and have it witnessed with the help of audio-visual technology.

The requirements for a valid e-will include:

• See Wash. Rev. Code § 11.12.440 for the fine print on the electronic will requirements in WA.

As you can see, e-wills are valid in Washington, as long as you put them in writing, sign it, and have it witnessed by two competent, disinterested witnesses. Same goes for non-electronic wills—in writing, signed, and witnessed by two competent, disinterested witnesses. Simple as that! And if you want to take it a step further (though not required), you can also get it notarized and sign off on a self-proving affidavit in front of a notary public, along with your two witnesses. Don’t forget that the will-maker must be of legal age and of sound mind. Once you complete all of these requirements, you can rest assured that your loved ones are protected once you’re gone and your wishes are met.