How to Verify if a Decedent Had a Valid Will or Estate Planning Documents

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.

Detailed Answer

When someone passes away, determining whether they left a valid will or other estate planning documents helps guide the distribution of their assets. In Washington, the probate process and related statutes provide clear procedures for locating and verifying testamentary documents.

1. Search for a Filed Will with the Superior Court

Under Washington law, if a will has been previously probated or deposited with the court, it may be on record. Visit or contact the clerk’s office at the Superior Court in the county where the decedent lived. Ask whether any wills or codicils were ever filed under:

• RCW 11.20.010 – Procedures for initiating probate and filing wills with the court.

2. Check the Washington State Bar Association’s Safe-Keeping and Will Registry

Although Washington does not have a mandatory statewide will registry, many attorneys participate in voluntary will safekeeping programs. Contact the Washington State Bar Association or the decedent’s last known attorney to inquire if documents were held in trust or safekeeping.

3. Examine Safe‐Deposit Boxes

The Uniform Abandoned Property Act (RCW 63.29) requires banks and other financial institutions to notify heirs before opening a safe‐deposit box with no activity for a specified period. Heirs or personal representatives may request an inventory or inspection of the box for wills:

• RCW 63.29.010 – Persons authorized to examine or remove contents of a safe‐deposit box.

4. Contact the Decedent’s Last Known Attorney or Financial Advisor

Estate planning documents are often drafted by attorneys, financial planners, or trust officers. Ask for any recorded copies, drafts or memoranda. Even if the attorney does not hold the original will, they may have a certified copy.

5. Review Personal Records and Communications

Search the decedent’s home files, email, and digital storage for references to estate documents—folder labels like “Will,” “Trust,” or “Estate Planning.” Look for correspondence with lawyers or trust companies.

6. Interview Family Members and Close Associates

Relatives, close friends, or business associates might have heard conversations regarding estate plans or may know where documents are stored. Document these leads carefully and follow up with a physical search or court check.

When You Find a Potential Will

Once you locate a document, ensure it meets Washington’s validity requirements under RCW 11.12.010:

• The will is in writing.
• The testator signed it (or directed someone to sign in their presence).
• Two witnesses signed it in the testator’s presence and in each other’s presence.

If the will appears valid, file a probate petition with the Superior Court in the decedent’s county of residence. The court will review the will, appoint a personal representative, and oversee asset distribution.

Helpful Hints

• Keep a detailed log of your search efforts and correspondence with institutions.
• Request certified copies of any found documents before filing with the court.
• Consider hiring a probate attorney if you hit dead ends or face disputes.
• Be mindful of time limits: in Washington, probate petitions generally must be filed within four years of death.
• Check for related trusts—some assets may bypass probate entirely if held in living trusts.