Updating your will in Washington is one of the simplest ways to make sure life changes do not derail carefully laid plans. If you live in Vancouver, WA or anywhere in Washington State, a refreshed estate plan helps your family, clarifies your wishes, and reduces cost and delay. This article explains when and how to update a Washington will, what the RCWs require, how codicils and electronic wills work, what to do about beneficiary designations, community property, taxes, and local Clark County steps. Throughout, you will find helpful internal links to BFQ Law Washington resources and practical next steps.
Table of Contents
- Why People in Washington Update a Will
- Washington Will Basics You Must Know
- Life Events That Call For Updating Your Will in Washington
- Codicil vs New Will in Washington
- Electronic Wills and Remote Witnessing in Washington
- Witnesses, Notarization, and Self Proving in Washington
- Beneficiary Designations and Other Nonprobate Assets
- Community Property Rules That Affect Updates
- Transfer on Death Deeds, POD and TOD Accounts
- Washington Estate Tax and Federal Considerations
- Planning for Minor Children and Guardians
- Special Situations: Second Marriages, Businesses, Disability, and Charitable Gifts
- Vancouver and Clark County Steps: Filing, Will Repository, Probate
- How To Update Your Will in Washington Step by Step
- Where To Store Your Updated Will
- Common Mistakes When Updating a Will in Washington
- How BFQ Law Washington Can Help
- FAQs
- Next Steps and Contact
Why People in Washington Update a Will
Families in Vancouver and across Washington State update wills because life keeps moving. Marriage or domestic partnership, new children or grandchildren, buying a home in Clark County, launching a business, receiving an inheritance, or simply changing your mind should be reflected in writing. If your will still names an old executor or a former partner, or if it was signed before you moved to Washington, it is time to consider an update. A current will also reduces disputes and aligns your estate plan with Washington’s community property rules and probate procedures.
To discuss your situation, you can explore our local pages for Probate, Estate Planning, and Wills and Trusts, or reach us directly on our Contact page.
Washington Will Basics You Must Know
Under Washington law, a will is valid when the person making it is at least 18 and of sound mind, the document is in writing, the testator signs it, and two competent witnesses sign it in the testator’s presence or electronic presence. See RCW 11.12.020. Updating your will in Washington usually means either executing a codicil that meets the same formalities, or signing a new will that replaces the old one. Washington also recognizes electronic wills under the Electronic Wills Act, with detailed witnessing and custody rules.
Revocation is straightforward. A later will can revoke all or part of a prior will, and physical acts like canceling or destroying a will with the intent to revoke are recognized. See RCW 11.12.040. Because destroying a will can create proofs problems, the cleanest approach is usually to execute a new will that clearly revokes prior wills.
Life Events That Call For Updating Your Will in Washington
Consider revising your Washington will when any of the following occur in Vancouver, Clark County, or anywhere in the state:
- Marriage or entry into a state registered domestic partnership
- Separation or divorce
- Birth or adoption of a child or grandchild
- New real estate, business, or significant account
- Move to or from Washington State
- Change of executor or guardian preferences
- Health shifts that call for updated healthcare documents
- Changes to beneficiary designations on life insurance or retirement accounts
Washington’s intestacy rules decide who inherits when there is no valid will. If your will is out of date or deemed invalid, the default order in RCW 11.04.015 will control instead of your choices.
Codicil vs New Will in Washington
A codicil is a short amendment to a will. In Washington, it must be signed with the same formalities as a will and witnessed by two competent witnesses, whether on paper or electronically under the Electronic Wills Act. Codicils are handy for small updates, like changing an executor or a specific gift. For larger updates, a full new will is clearer and reduces the risk of conflicting provisions.
Either document should clearly state your intent. If you are unsure which path fits your situation, our Estate Planning team can walk through the pros and cons for your family and assets.
Electronic Wills and Remote Witnessing in Washington
Washington recognizes electronic wills. An electronic will is a will that is created and maintained in an electronic record and is executed with specific procedures. The statute details definitions, the role of a qualified custodian, and rules for witness presence. Start with RCW 11.12.400, then see related sections on witnessing, qualified custodians, and making a will self proving, such as RCW 11.12.450.
Remote witnessing and the concept of electronic presence appear in the updated will formalities. The core idea is that, if statutory steps are followed, a will can be valid even when executed without everyone in the same physical room, which is especially helpful for mobility issues or families coordinating from different Washington counties.
Witnesses, Notarization, and Self Proving in Washington
Two competent witnesses are required. They should see you sign or acknowledge the will, and they should sign in your presence or electronic presence. Washington law does not require notarization to make a will valid. See RCW 11.12.020. Many people choose to add a self proving affidavit so the court can accept the will without calling witnesses. Washington allows a self proving affidavit or declaration that complies with RCW 11.20.020, including for electronic wills. Washington appellate courts have also addressed using a declaration under penalty of perjury to satisfy self proving requirements in practice.
For healthcare and financial decision making during life, Washington’s Uniform Power of Attorney Act is in RCW 11.125, and Washington’s Natural Death Act governing health care directives is in RCW 70.122. A power of attorney must be signed and either acknowledged before a notary or witnessed by two disinterested witnesses. See RCW 11.125.050.
Beneficiary Designations and Other Nonprobate Assets
In Washington, many assets pass outside a will. These are called nonprobate assets, defined in RCW 11.02.005. Common examples include joint tenancy with right of survivorship, payable on death and transfer on death accounts, transfer on death securities, a community property agreement, and certain trusts. Your will does not control where these assets go, which is why updating beneficiary designations is as important as updating your will. If you name your ex as beneficiary on an account, Washington’s law often treats that designation as revoked after divorce for nonprobate assets, but you do not want to rely on default rules. See nonprobate asset rules that operate after dissolution at RCW 11.07.010.
Digital assets matter too. Washington adopted the Revised Uniform Fiduciary Access to Digital Assets Act in RCW 11.120, which lets you authorize your personal representative to access certain digital assets based on your directions. You can include those directions in your updated will or an accompanying document.
Community Property Rules That Affect Updates
Washington is a community property state. Property acquired during marriage or a state registered domestic partnership is usually community, while premarital assets are usually separate. That matters when you update a will, especially for blended families. A community property agreement can move assets at death outside probate, which is a type of nonprobate transfer under RCW 11.02.005. Updating your will without aligning beneficiary designations and any community property agreement can create conflicts.
If you plan updates during a separation or after a divorce, be mindful of automatic effects on nonprobate assets and on parts of your will. Updating your will in Washington promptly after filing for dissolution or receiving final orders will help avoid accidental gifts to a former spouse or partner.
Transfer on Death Deeds, POD and TOD Accounts
Washington recognizes Transfer on Death Deeds, which let you name a beneficiary for real property and keep full control while you are alive. The statute is at RCW 64.80.020, with definitions and effect throughout Chapter 64.80 RCW. Similar death designations on bank and investment accounts work under financial institution rules and Washington law. Make sure your will updates coordinate with any TOD deed or payable on death account so everything flows to the right people at the right time.
Washington Estate Tax and Federal Considerations
Washington has its own estate tax administered by the Department of Revenue. As of July 1, 2025, the filing threshold and applicable exclusion amount are 3,000,000, with updated rate brackets. See the Department of Revenue’s Estate Tax Tables. This is separate from any federal estate or gift tax considerations. When you update your will, review whether your estate could trigger Washington estate tax and whether strategies like charitable gifts, trust planning, or a qualified terminable interest property election may be helpful. A local plan can reduce friction for Vancouver families who own homes or businesses that push an estate near the Washington threshold.
Planning for Minor Children and Guardians
If you have minor children, your will is the place to nominate a guardian and set up a trust that holds assets until an age you choose. You can also update beneficiary designations to point to that trust, not directly to a minor. This avoids court complications and helps you control how and when funds are used for education, health, and support.
Parents in Vancouver also commonly update their healthcare directive and power of attorney when they update a will, so all documents work together. Review RCW 70.122.030 for health care directives and RCW 11.125 for powers of attorney requirements.
Special Situations: Second Marriages, Businesses, Disability, and Charitable Gifts
Second marriages or partnerships. Blended families need careful coordination of community and separate property and beneficiary designations. Washington’s nonprobate asset rules and post divorce revocation rules are important touchpoints when you update your will.
Small business owners. If you own a Clark County LLC or S corporation, your updated will should align with your operating agreement and any buy sell provisions. Consider successor managers and liquidity for winding up or continuing the business.
Special needs planning. To provide for a loved one with a disability without jeopardizing public benefits, consider a supplemental needs trust inside your updated will or as a stand alone trust. Coordination with nonprobate assets is critical so gifts do not disrupt benefits.
Charitable gifts. An updated will is a great time to add a charitable bequest to a Washington organization you care about. Done thoughtfully, this can also support estate tax planning at the state level.
Vancouver and Clark County Steps: Filing, Will Repository, Probate
Clark County provides a will repository service authorized by RCW 11.12.265, which allows filing an original will under seal before death. The Clark County Superior Court Clerk outlines the service and fees on the county site for Guardianship, Probate, Trusts and Wills. After death, any person who has the original will must promptly file it with the court or deliver it to the executor as required by RCW 11.20.010. Probate for a Washington resident is opened in a Washington Superior Court. Clark County Superior Court is located at 1200 Franklin Street in Vancouver.
Need a hand completing local steps or deciding whether probate is needed in Vancouver WA? Visit our Probate and Washington pages, or use our contact form for help.
How To Update Your Will in Washington Step by Step
- Make a list of changes. Beneficiaries, executor, guardians, and any new assets or debts.
- Collect account statements and prior estate documents so updates align with beneficiary designations and any community property agreement.
- Choose codicil or new will. Small tweaks may use a codicil. Larger updates usually call for a new Washington will that revokes prior wills.
- Decide whether to sign a traditional paper will with in person witnesses or to use an electronic will under Washington’s Electronic Wills Act.
- Sign with the right formalities. Two witnesses, the right presence, and a self proving affidavit or declaration for smoother probate.
- Update beneficiary designations on life insurance, retirement plans, TOD and POD accounts, and any transfer on death deed so they match your new plan.
- Review related documents. Update your health care directive and durable power of attorney if needed.
- Store originals safely. Consider Clark County’s will repository or a secure location that your executor can access.
- Tell your executor and key beneficiaries where documents are stored and how to reach your attorney.
- Calendar a review every two to three years or after major life events.
Our Vancouver team is happy to prepare a codicil or a full restatement based on the level of change. Learn more about our Wills and Trusts and Estate Planning work.
Where To Store Your Updated Will
Options include a home fire safe, a bank safe deposit box with authorized access for your executor, or Clark County’s will repository service recognized in RCW 11.12.265. Avoid hiding your will in a place no one can find. Keep electronic wills with a qualified custodian if you executed your will electronically under Washington law.
Common Mistakes When Updating a Will in Washington
- Making handwritten changes on the original document instead of executing a codicil or new will
- Failing to coordinate will updates with beneficiary designations on nonprobate assets
- Not considering community property and separate property in blended families
- Forgetting about digital assets and access
- Skipping a self proving affidavit or declaration, which can slow probate
- Misplacing the original documents or not telling your executor where they are
- Waiting too long after a divorce or new marriage to update
How BFQ Law Washington Can Help
Local knowledge matters. At BFQ Law Washington in Vancouver, we help clients revise wills, prepare codicils, coordinate nonprobate assets, and implement electronic wills when appropriate. We also draft healthcare directives and durable powers of attorney so your lifetime documents match your testamentary plan. Explore our Washington office, connect through the Contact page, or read more about related services in Probate, Estate Planning, Wills and Trusts, Practice Areas, and Mediation for families who prefer settlement focused approaches.
Our office is at 900 Washington Street, Suite 117, Vancouver, WA 98660. You can reach us at WA@BFQLaw.com. We assist clients across Clark County and nearby communities in Southwest Washington.
FAQs
How often should I review or update my will in Washington?
Most people review every two to three years or after major life events like marriage, divorce, a new child, buying or selling a home, moving to Washington, or opening significant accounts. If you are unsure, a quick check in with our Estate Planning team can confirm whether a codicil or a new will makes sense.
Do I need a notary to update my Washington will?
No. Washington wills are valid with your signature plus two competent witnesses. Notarization is not required for validity. Many clients add a self proving affidavit or declaration so the court does not need to find the witnesses later. See RCW 11.12.020 and RCW 11.20.020.
What is a codicil in Washington and when is it better than a new will?
A codicil is a short amendment that meets the same formalities as a will. It is useful for small changes like swapping an executor. If you are changing beneficiaries broadly or restructuring gifts, a new will is usually cleaner.
How do nonprobate assets affect my updated will?
Nonprobate assets like joint accounts with survivorship, payable on death accounts, and transfer on death deeds pass outside the will. Your beneficiary designations must be updated to match your new plan, because your will usually does not control those assets. See the definition in RCW 11.02.005.
Does Washington have an estate tax I should plan for?
Yes. Washington’s estate tax currently uses a 3,000,000 filing threshold and exclusion amount for dates of death July 1, 2025 through December 31, 2025, with updated rate brackets. See the Department of Revenue Estate Tax Tables.
Can I execute an electronic will in Washington?
Yes. Washington recognizes electronic wills when statute specific steps are followed, including rules for witness presence and qualified custodians. See RCW 11.12.400 and related sections such as RCW 11.12.450.
What if the person holding the will does nothing after death?
Washington requires anyone who has the original to file it with the court or deliver it to the named executor. See RCW 11.20.010. Courts can impose consequences for failing to file a will.
Is there a small estate option in Washington?
Yes. Washington allows transfer of certain personal property by affidavit if the decedent’s probate estate does not exceed 100,000 and other conditions are met after 40 days. See RCW 11.62.010.
Can I leave instructions for my digital accounts?
Yes. Washington’s digital assets law in RCW 11.120 lets you authorize access for a personal representative or trustee based on your instructions. We can build those choices into your updated plan.
How do I get started with BFQ Law Washington?
Reach out on our Contact page, visit our Washington office page, or explore Estate Planning, Wills and Trusts, and Probate. We will schedule a focused consultation to review your goals and draft either a codicil or a new Washington will.
Next Steps and Contact
If you are thinking about updating your will in Washington, do not wait. A short conversation can help you decide whether to use a codicil, a new will, or an electronic will, and how to coordinate beneficiary designations, community property, and taxes. We assist families throughout Vancouver, Camas, Battle Ground, and nearby communities.
Call to action: Contact BFQ Law Washington for a consultation today. Visit our Contact page or our Washington office page. Office: 900 Washington Street, Suite 117, Vancouver, WA 98660. Email: WA@BFQLaw.com.
Related services: Practice Areas including Estate Planning, Wills and Trusts, Probate, Mediation, and Family Law.
