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 Small estate affidavit, RCW §11.62.010 — up to $100,000. A funded living trust passes outside probate entirely, whatever the size of the estate — which is why Washington homeowners in particular set one up. 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 — the exclusion is $3 million for deaths on or after July 1, 2026 ($3,076,000 for deaths in the first half of 2026, under recent law changes; RCW ch. 83.100). 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 a surviving spouse and minor children (Wash. Rev. Code § 11.54.010), protected ahead of most creditors.

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.

Serving all of Washington

Answer the questionnaire from anywhere in Washington and download your completed documents in minutes: Seattle, Spokane, Tacoma, Vancouver, Bellevue, Kent, Everett, Renton, Spokane Valley, Federal Way, Yakima, Kirkland, and every community in between.