Washington Estate Planning FAQs
Every week, Washington families bring us the same core questions about wills, trusts, estate planning, and protecting the people they love. Here are clear answers to the ten we hear most. For advice tailored to your situation, a Seattle estate planning attorney at Latterell Law is happy to help.
Do I need an estate plan if I am not wealthy?
Yes. Estate planning is about control, not wealth. A basic plan decides who inherits your property, who manages your affairs if you are incapacitated, and who raises your minor children. Without one, Washington law and the courts make those decisions for you. Renters, young parents, and single adults all benefit from at least a will, a durable power of attorney, and healthcare directives. The size of your estate changes the tools you use, not whether you need a plan.
What happens if I die without a will in Washington?
Your property passes under Washington’s intestacy statutes to relatives in a fixed order set by law. Because Washington is a community property state, your spouse or registered domestic partner generally receives all community property, but your separate property may be split between your spouse and your children or parents. Unmarried partners, stepchildren you never adopted, friends, and charities receive nothing. A court also chooses your estate’s administrator and your children’s guardian.
What is the difference between a will and a living trust?
A will takes effect at death, goes through probate, and becomes a public court record. A living trust takes effect immediately, holds property you transfer into it, and lets a successor trustee manage or distribute that property without court involvement, both at death and during incapacity. Many plans use both: a trust as the centerpiece and a pour-over will as the safety net. Our article on the difference between a will and a living trust goes deeper.
Does Washington have an estate tax?
Yes. Washington imposes its own estate tax, separate from the federal estate tax, on estates above the state exclusion amount, with current thresholds and graduated rates published by the Washington Department of Revenue. Because home values alone push many Puget Sound families near the threshold, tax planning matters even for people who do not think of themselves as wealthy. Our estate taxes guide explains both layers of tax.
Who should I choose as guardian for my children?
Choose someone whose values and parenting style you trust, who has a real relationship with your children, and who is willing and able to serve for as long as needed. Finances should not drive the choice, since you can fund your children’s needs through a trust. Name alternates, and consider short-term guardians for emergencies. See our guardianship guide for the full framework.
Can I write my own will or use an online form?
Legally, yes. Wisely, usually not. DIY documents routinely fail because of improper signing, outdated forms, conflicts with beneficiary designations, or terms that ignore Washington’s community property rules. Those failures surface only after death, when they cannot be fixed. An attorney-drafted plan costs more up front and typically saves multiples of that in avoided probate complications and disputes.
What is a power of attorney, and do I really need one?
A durable power of attorney names someone to manage your finances if you cannot, and a healthcare power of attorney does the same for medical decisions. Without them, your family may need a court guardianship proceeding just to pay your bills or direct your care. Every adult should have both. Our power of attorney guide explains how they work.
How often should I update my estate plan?
Review your plan every three to five years and after any major life event: marriage, divorce, a birth or death in the family, a significant change in assets, a move to or from Washington, or changes in tax law. Our article on how often to update your estate plan in Washington covers the common triggers.
How do I get started?
Start with a conversation. We will review what you own, who depends on you, and what you want to happen, then recommend the right combination of wills, trusts, powers of attorney, and healthcare directives. Founder Angel M. Latterell has guided hundreds of Washington families through this process since 2005. Contact Latterell Law today to schedule a consultation.
