How Washington courts handle a will that wasn’t properly signed

Scope: This article explains what typically happens under Washington law when a will is not executed with the required formalities (for example, missing signatures or required witness attestations). It describes likely probate outcomes, options for parties who want the document admitted, and practical next steps.

Detailed answer

1. Washington’s formal requirements for a valid will

Washington’s probate statutes set out how a will generally must be executed to be valid. Those requirements are in the Revised Code of Washington under the probate title. See RCW chapter 11.12 for will execution rules: RCW 11.12.020.

2. If a will isn’t properly signed, the probate court may refuse to admit it

If the court finds the document doesn’t meet the statutory execution rules (for example, the testator didn’t sign, the required witness signatures are missing, or the attestation clause is lacking), the court can decline to admit the will to probate. When a will is not admitted, the estate normally distributes under Washington’s intestacy rules rather than under the terms of the invalid will. See RCW chapter 11.04 for intestate succession: RCW 11.04.

3. Consequences if a will is treated as invalid

• Assets that pass through probate will be distributed under intestacy statutes. That often means the decedent’s spouse, children, parents, or more distant relatives receive property according to statutory priority.
• Assets with nonprobate transfer mechanisms (payable-on-death accounts, beneficiary designations, joint tenancy) pass outside probate according to those designations and are unaffected by a probate finding that a will is invalid.
• Family members who expected to inherit under the defective will may need to bring a court action to preserve any rights or to challenge the probate outcome.
• Potential for disputes increases: beneficiaries named in the defective will may contest an intestacy distribution or fight to have the defective document admitted.

4. Ways a court can still admit an improperly signed document

Even if a document lacks formal signatures, courts sometimes admit it when clear proof shows the decedent intended the document to be their will. Washington courts will consider evidence of the decedent’s testamentary intent and the surrounding circumstances. That may include testimony from witnesses who saw the decedent sign or other extrinsic evidence demonstrating intent. If you want the court to consider such evidence, you or your lawyer file a petition asking the probate court to admit the document and present supporting proof.

5. Practical remedies and common procedures

1. File a probate petition. A party presenting the document files a petition to have it admitted. The petitioner should explain why the court should find the decedent intended the document to be their will.
2. Gather evidence. Locate witnesses, correspondence, drafts, notations, video or audio, or other proof showing the decedent’s intent and the circumstances of signing.
3. Ask for declaratory relief if necessary. A party can ask the court to declare the document valid or to interpret an ambiguous document.
4. Consider non-probate remedies. If the document fails in probate, parties should check beneficiary designations, joint ownership, or trusts that may control asset distribution outside probate.
5. Prepare for litigation. Expect contests when family members disagree. Costs, time, and emotional strain can be significant.

6. Examples (hypothetical)

Example A — Missing witness signatures: Jane left a will signed by her but only one witness signed. The personal representative petitions the court to admit the will. If the court finds insufficient formalities and no additional evidence of intent, the will may be denied probate and her estate distributed under RCW chapter 11.04.

Example B — Signature exists but no witnesses: Tom’s handwritten and signed note describes his wishes but lacks witnesses. If close friends testify that Tom wrote and signed the note and intended it to control distribution, the court may consider that evidence when deciding whether to admit it.

7. Timing and practical effects

Challenging probate filings or seeking admission of an improperly executed will must occur during the probate administration period. Delay can erode evidence and make admission harder. Also, rushing to probate without checking nonprobate transfers can lead to surprises about what assets are actually in the probate estate.

Helpful hints

• Act quickly. Preserve evidence (drafts, emails, photos, witness contact information) as soon as possible after the decedent’s death.
• Check nonprobate assets. Review beneficiary designations, deeds, bank accounts, and trust documents—many assets avoid probate entirely.
• Locate witnesses. Witness testimony can be crucial to show testamentary intent or to verify a signature.
• Look for a self-proving affidavit. A will that was made “self-proved” with a notary and witnesses may be easier to admit if the affidavit exists.
• Consider mediation. Family disputes over an invalid will often settle more cheaply and quickly through mediation than through full litigation.
• Consult a Washington probate attorney. A lawyer can advise which statutes and local court rules apply and help prepare the petition and evidence needed to seek admission or to contest probate distributions.

Disclaimer: This information explains general Washington law and common probate outcomes when a will lacks proper signatures. It is educational only and not legal advice. For advice about a specific situation, consult a licensed Washington attorney who can evaluate your facts and court rules.