Each state has its own laws that determine the requirements for a legal will. In Washington:

1. The will must be written, dated and signed;
2. The person who makes a will (called a "testator") must be legally competent and acting voluntarily (of sound mind and free of any improper influence), and be at least 18 years old; and
3. The signing of the document must be witnessed by at least two legally competent individuals (one of whom may be a notary public) and signed in strict accordance with technical formalities. Witnesses do not need to know the contents of the will and should not be beneficiaries (persons who will receive something) of the will.

Handwritten (or "holographic") wills that are not properly witnessed are invalid in Washington. A will made in another state in accordance with that state's requirements will be valid in Washington.

Probate is the legal process by which the affairs of a deceased person are settled and title to his or her property is transferred to the heirs. Washington has one of the simplest and least expensive probate systems in the country. For more information, see the WSBA's Probate pamphlet.

Changing or Revoking a Will

A will is effective only at death and may be changed or revoked at any time before death. A will should be revised to reflect any changes in circumstances, personal choices or resources. Changes are often made by a simple document called a codicil (a supplement to a will), or by redrafting the will. An attorney should be consulted when making changes to ensure that changes are legal and properly made.

A will should be reviewed and updated as conditions and circumstances change. For example, changes may be necessary when:

• The family changes as a result of a birth, adoption, marriage, divorce or death;
• Substantial changes occur in the amount or kind of property owned;
• Tax laws change;
• Residence changes from one state to another;
• The designated executor, guardian or trustee can no longer serve; or
• You decide—for any reason—to change the distribution of your estate.

A will is valid until legally revoked or changed, and becomes final or effective upon its maker's death. In the event of a divorce, a will automatically excludes the former spouse unless it expressly states otherwise. (Complications could result, however, if no property settlement agreement of the divorce exists.) Periodic reviews are important to make sure the will conforms with changing laws—as well as the will-maker's intentions.

Keeping a Will Safe

The signed original document should be kept in a safe place. As with all vital papers, this document should be stored where it is protected (such as a bank's safe deposit vault), yet readily accessible when needed. In Washington, the safe deposit box of the deceased is not sealed, so someone who has access to the box can get the will. Arrangements should be made for the will to be immediately available to the decedent's executor.

A copy of the will that notes the location of the original document, and a letter of instruction that contains numbers for bank accounts, insurance policies, credit cards or other financial details, should also be prepared. The letter may also contain instructions regarding burial, cremation or anatomical gifts, and should be given to the executor or will-maker's attorney. Because this letter may function as a plan for handling important estate matters, it should be as complete as possible.

Considering its importance, the cost of making a will is modest. A properly drawn will should reduce expenses (and in some cases, taxes), while simplifying the administration of an estate.

Fees for preparing a will and drafting the necessary documents depend on an attorney's experience and expertise, the complexity of the situation, and the amount of time spent counseling clients and preparing documents. Approximate costs should be discussed when first consulting an attorney.

The advice of an expert on this complex subject could prove invaluable in preserving the value of the estate and assuring that property is distributed as intended.

Advance planning for the distribution of property; specific bequests (gifts); and the naming of an executor, guardian or trustee can also help save time and money. Therefore, before seeing an attorney, think about your estate planning objectives and make preliminary decisions about the distribution of your property. You can facilitate the process, and control costs, by preparing an inventory of your assets and listing your various bank accounts; stocks and bonds; insurance policies; and any profit-sharing, retirement and pension plans.

Drafting a will is an important and sometimes complex matter that involves the judgment and skills of an attorney. It is a critical process that requires legal knowledge, informed decision-making, and coordination with other estate planning documents.

Although "do-it-yourself" forms and kits are available, they may not consider individual circumstances and relationships, and could cause litigation, contested wills and other problems in transferring property to heirs. An attorney can assist and advise by analyzing individual circumstances and preferences, drafting valid documents, and avoiding pitfalls that alter intent.