Washington living trusts & estate documents

Living trust law in Washington

A revocable living trust holds your home, accounts, and other property during your life, you stay in full control as trustee and can change or revoke it any time, then passes it to your beneficiaries without probate when you're gone. In Washington, trusts are governed by the Washington Trust Act, RCW Chapter 11.98.

Avoiding probate in Washington

Probate in Washington is governed by the RCW Title 11 and handled by the Superior Court. See state probate code for administration options.

Small estate affidavit for personal property of $100,000 or less. That simplified procedure is set out in RCW §11.62.010. Assets held in a funded living trust pass to your beneficiaries without probate, whatever the size of the estate. Many Washington homeowners set one up for that reason. Washington also authorizes a transfer-on-death deed (Wash. Rev. Code § 64.80.010 et seq.) to pass real estate outside probate. A living trust does the same for every asset, not just real estate.

In Washington, creditors generally have 4 months after the first published notice (24-month outside bar from death when no notice given) to file claims against the estate (RCW 11.40.051), one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in Washington

Washington levies its own estate tax on top of the federal one, and at a much lower exemption: Washington has an estate tax. Under RCW 83.100.020, as amended by 2026 c 209 (ESB 6347, effective June 11, 2026), the applicable exclusion amount is $3,000,000 for estates of decedents dying on or after July 1, 2026 ($3,076,000 for deaths on or after January 1, 2026 and before July 1, 2026), adjusted annually for inflation from 2027. The same act amended RCW 83.100.040 so that for deaths on or after July 1, 2026 the tax rates return to 10 percent to 20 percent; the higher 10 percent to 35 percent table applies only to deaths from July 1, 2025 through June 30, 2026. Washington has no state income tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Community property in Washington

Washington is a community property state. Property acquired during marriage is generally community property.

Protecting a surviving spouse in Washington

Washington also sets aside an award in lieu of homestead of at least $125,000 (inflation-indexed) for the surviving spouse or registered domestic partner and the decedent's dependent children, on petition (Wash. Rev. Code §§ 11.54.010 and 11.54.020(3)), made from property that remains exempt from attachment, execution and forced sale for the decedent's debts (§ 11.54.008), though nothing is exempt from the costs of administration, funeral expenses, expenses of the last sickness and recent wages (§ 11.54.060).

Signing your Washington documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Health Care Directive before a Notary Public.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Washington. Follow those as the authoritative guide.

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