Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
1. Formal Will Requirements in Washington
Under Washington law, a valid will generally must:
- Be in writing
- Be signed by the testator (the person making the will) or by someone at the testator’s direction and in the testator’s presence
- Be witnessed by two or more credible individuals who sign in the testator’s presence
See RCW 11.12.020 for full requirements: https://app.leg.wa.gov/rcw/default.aspx?cite=11.12.020.
2. Holographic (Handwritten) Wills
Washington recognizes a holographic will—one handwritten entirely by the testator—even if unwitnessed or unnotarized. To qualify, the entire document must be in the testator’s handwriting and bear the testator’s signature. If these conditions are met, the court may admit the will under the same statute above.
3. Self-Proved Wills and Witness Affidavits
If a will was witnessed but not notarized, the witnesses can still “self-prove” it. Under RCW 11.20.070, each witness may sign a sworn affidavit before a notary or other authorized official, attesting that they observed the testator sign. Attaching these affidavits to the will streamlines probate.
Self-proved wills statute: https://app.leg.wa.gov/rcw/default.aspx?cite=11.20.070.
4. Probate Process Under Chapter 11.28 RCW
To probate any will in Washington, you file a petition in the superior court of the county where the decedent lived. For informal probate (simplified process), the court will admit a will that meets RCW 11.12.020 or has been self-proved. See RCW 11.28.110:
https://app.leg.wa.gov/rcw/default.aspx?cite=11.28.110.
5. When a Will Cannot Be Admitted
If the will is not entirely handwritten, lacks proper witnesses, and you cannot obtain affidavits, it generally cannot be admitted. You may need to petition for formal probate or explore whether the document can be treated as a “dependent administration” under RCW 11.20.020, but success is rare without statutory compliance.
Helpful Hints
- Locate any potential witnesses early—collect their contact info and ask them to sign affidavits.
- If the will is fully in the decedent’s handwriting, label it “holographic” in your petition.
- File for informal probate at the county superior court where the decedent resided.
- Prepare a clear copy of the will and keep the original safe; courts prefer originals.
- Consult an estate attorney if the validity of the will is disputed or if no statutory path exists.