Writing down your wishes is only part of creating a valid will in Washington. State law also sets specific rules for how the document gets signed and witnessed, and skipping a step can leave a family fighting over a document that never should have been in dispute.
The Core Signing Requirements
Washington law requires a will to be in writing and signed by the person making it, or by someone else acting at that person’s direction and in their presence. Beyond the signature itself, the will must be attested by two or more competent witnesses, who sign either the will itself or a qualifying affidavit while in the presence of the person making the will and at that person’s request. Washington’s statute governing will requirements lays out each of these elements, and missing any one of them can undermine the entire document.
Why Two Witnesses Matters So Much
The witness requirement exists to confirm, later, that the signing actually happened the way the will claims it did. If a will is ever challenged, courts want assurance that the person signing understood what they were doing and was not under pressure from someone else in the room. Eastside Estate Planning treats the signing appointment itself as one of the most important parts of the process for exactly this reason. Two witnesses provide that assurance, and their signatures become part of the evidence a probate court relies on.
The Self Proving Step People Often Skip
A validly signed and witnessed will is not automatically accepted into probate without more. Historically, courts required the witnesses themselves to appear and testify about the signing, which is rarely practical years after the fact. To avoid that problem, witnesses can sign a sworn declaration at the time of signing confirming what they observed, making the will self proving. Skipping this step does not invalidate the will, but it can mean tracking down witnesses long after they may have moved, lost touch, or passed away themselves.
What Can Go Wrong Without Careful Execution
A few common issues show up repeatedly in disputed will cases:
- Witnesses who are also beneficiaries, which can raise questions about undue influence
- A signing that was not properly witnessed in the testator’s actual presence
- No self-proving declaration, leaving probate dependent on locating witnesses later
- Uncertainty about whether the testator had the capacity to understand the document
Interested Witnesses Create Their Own Complications
If a witness to the will is also a beneficiary under it, Washington law does not automatically invalidate their gift, but it can create a presumption that needs to be addressed depending on how many disinterested witnesses also signed. This is one of several details that a properly executed will should account for from the start, rather than leaving it to be sorted out during probate.
Getting A Will Executed Correctly The First Time
A Bellevue wills lawyer can walk through each of these requirements at the signing appointment itself, confirming capacity, arranging disinterested witnesses, and completing the self proving declaration so the document holds up years later without complication.
Reviewing An Existing Will For These Same Issues
Older wills sometimes were signed without a self proving declaration, or with witnesses who have since become hard to locate. A Bellevue wills lawyer can review an existing document to confirm it still meets these requirements and address any gaps before they become a problem during probate.
A will that looks complete on paper can still create real delays in probate if the signing itself was not handled correctly. If you are creating a new will or want an existing one reviewed in Bellevue, reach out to our office to go over what your document currently has and what it might still need.
