Planning to Avoid Probate in Washington: Wills, Beneficiary Designations, and Other Tools

Disclaimer: This is educational information only and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Washington attorney.

Detailed answer: How wills and beneficiary designations work in Washington and ways to avoid probate

In Washington, the basic rule is simple: property owned solely in a person’s name at death generally must pass through probate, while property that has an effective nonprobate transfer (for example, a beneficiary designation, payable-on-death account, joint tenancy, or an applicable transfer-on-death instrument) usually passes outside probate to the named beneficiary. Wills control only probate property; they cannot change beneficiary designations or pay-on-death designations that name a specific person or entity.

Key legal framework

Washington’s statutes that govern wills and probate are collected in Title 11 of the Revised Code of Washington (RCW). For basic statutory language, see the probate and wills provisions at the Washington State Legislature site: RCW Title 11 (Probate) and the wills chapter: RCW 11.12 (Wills). Washington also provides simplified procedures for small estates: RCW 11.62 (Small estates).

Wills

A will expresses how you want probate property distributed at your death. Wills must comply with Washington law to be valid. When you die owning assets that have no nonprobate transfer mechanism, your will (if valid) directs how those assets are distributed through probate.

Limitations:

A will cannot override a valid beneficiary designation (for example, on a life insurance policy, IRA, 401(k), or payable-on-death bank account).
A will does not change ownership for jointly held property that passes automatically by right of survivorship.

Beneficiary designations and payable-on-death (POD/TOD) accounts

Accounts and contracts that permit a named beneficiary (life insurance, annuities, retirement accounts like IRAs or 401(k)s, and many bank accounts with POD or TOD designations) pass directly to that beneficiary at death without probate. That makes beneficiary designations one of the simplest and most common ways to avoid probate for financial assets.

Important points:

Beneficiary designations control even if your will provides otherwise. Whoever is named on the account receives the asset.
Always keep beneficiary designations up to date after marriages, divorces, births, deaths, and major life events.
For retirement accounts, consider secondary beneficiaries and the tax implications for beneficiaries.

Joint ownership and rights of survivorship

Holding property as joint tenants with right of survivorship (JTWROS) or tenancy by the entirety (where available) causes the surviving co-owner to become the sole owner automatically at death, avoiding probate for that asset. This is commonly used for bank accounts and real property, but it has tradeoffs: the co-owner gains immediate ownership and potential creditor exposure, and adding someone as a joint owner may have gift-tax or Medicaid planning consequences.

Transfer-on-death or beneficiary deeds for real estate

Many states provide a mechanism to name a beneficiary who takes title to real property at your death without probate (often called a “transfer-on-death” or “beneficiary” deed). These deeds must be prepared and recorded properly under state law to be effective. Check the real property statutes in Washington for the exact requirements and recording rules (see the real property statutes at RCW Title 64 (Real property)).

When probate is still necessary

Even with planning, probate may still be required for assets that:

Are titled solely in the decedent’s name with no beneficiary, and no joint owner;
Include real property without a valid transfer-on-death mechanism;
Include assets that the bank or title company requires a court order to transfer.

Washington offers simplified probate or small-estate procedures when the estate value is small. See RCW 11.62 for small estate affidavit procedures that can allow distribution without full probate administration.

Special considerations for parents and minor children

If assets pass directly to a minor child, an adult must manage them. Many banks and custodial programs allow UTMA/UGMA custodial accounts, or you can use a trust to manage assets for minors.
To control how money for minor children is used, consider a trust (revocable living trust with successor trustee) or name a custodian under the Uniform Transfers to Minors Act. A will can name a guardian for minor children, but guardianship is a court process separate from asset transfers.

Coordination: wills vs beneficiary designations

To make sure your family receives what you intend without unnecessary probate:

Inventory assets and how title is held for each item (sole name, joint owner, beneficiary designation, trust ownership).
Make and periodically review beneficiary designations on retirement accounts, life insurance, and bank accounts.
Consider joint ownership or payable-on-death arrangements for bank accounts where appropriate, but be aware of risks (creditors, loss of control, gift issues).
For real property you want to avoid probate selling or distribution delays over, investigate a properly executed transfer-on-death or beneficiary deed and record it according to Washington recording rules.
For complex or high-value estates, or if you want more control (e.g., for minor children or to avoid probate entirely), a revocable living trust can transfer assets outside probate when done correctly and funded during your life.

Practical checklist for a couple with children who want to avoid probate

Make a current list of all accounts and how each is titled.
Confirm beneficiaries on retirement plans, life insurance, and annuities; name primary and contingent beneficiaries.
Convert bank accounts you want to pass directly to payable-on-death (POD) accounts if appropriate.
Check whether Washington’s transfer-on-death real property option suits your needs; if so, prepare and record the deed correctly.
Decide how to handle minor children’s inheritances—trusts or custodial accounts typically work better than direct gifts at death.
Coordinate your will(s) with nonprobate transfers to avoid contradictory documents and unintended outcomes.
Keep records and copies of beneficiary designations and deeds in a safe but accessible place, and tell the person who will handle your affairs where to find them.

When to get legal help

Consult a Washington attorney if you have any of the following:

Real estate in multiple states;
Large or complicated retirement accounts with tax planning needs;
Concerns about creditor claims, Medicaid eligibility, or special-needs beneficiaries;
Disputes or blended-family issues where beneficiary designations might conflict with wills.

Helpful hints

Beneficiaries on accounts override wills—always check and update them after major life events.
Small estate procedures can save time and cost for modest estates; see RCW 11.62.
A properly funded revocable living trust can avoid probate for many assets, but the trust must actually hold title to the assets before death.
Adding a joint owner gives that person immediate ownership rights; use with caution.
Record any real-estate beneficiary deed according to Washington recording rules to ensure it takes effect at death.
Review your plan every 2–4 years or after major events (births, deaths, marriage, divorce, large gifts).
Keep copies of beneficiary forms, deeds, and trust documents where the successor decision-maker can access them quickly.

Washington statutes and court rules are technical. If avoiding probate is important to you and your family, a short meeting with a licensed Washington estate-planning attorney can prevent costly mistakes and ensure the documents are prepared and recorded correctly.