Is a Handwritten Will Valid in Washington State?

By Birch Bay Law Group PLLC. This article provides general information about Washington law and is not legal advice about your situation.

Many people assume that a will written out by hand and signed is legally binding. In Washington, that assumption can be a costly mistake. Washington law does not give handwritten (sometimes called “holographic”) wills any special status. A handwritten document that is signed but not properly witnessed is generally not a valid will in Washington, no matter how clearly it expresses your wishes.

What Washington Actually Requires

Under RCW 11.12.020, a will executed in Washington must generally be (1) in writing, (2) signed by the person making the will (the testator) or by someone else at the testator’s direction and in the testator’s presence, and (3) attested by two or more competent witnesses who sign the will or a self-proving affidavit at the testator’s request. Whether the document is typed or handwritten does not matter — the witnessing requirement is what most homemade wills fail.

What Happens If a Handwritten Will Is Not Properly Witnessed?

If the document does not qualify as a valid will, the estate is generally distributed as if there were no will at all, under Washington’s intestacy statutes. That means state law — not the handwritten document — decides who inherits, which may be very different from what the person intended.

Wills Signed in Other States

Washington law separately addresses wills executed outside Washington. A will that was validly executed under the law of the place where it was signed may be recognized here even if it would not satisfy Washington’s own execution formalities. If a family member left a handwritten will from a state that recognizes holographic wills, do not assume it is invalid — have it reviewed by an attorney before making any decisions.

The Practical Takeaway

If you have handwritten your wishes and signed the document, you likely do not yet have a valid Washington will. The fix is usually straightforward: a properly drafted and properly witnessed will, often with a self-proving affidavit so probate goes more smoothly later. If you are handling the estate of someone who left a handwritten document, an attorney can evaluate whether it qualifies for probate and what your options are.

Call (360) 685-8088 for a free 30-minute consultation, subject to a conflict-of-interest check.

The information on this page is provided for informational purposes only and should not be construed as legal advice on any matter. Interacting with this website does not create an attorney-client relationship. No attorney at Birch Bay Law Group PLLC is certified as a specialist in any practice area by the Washington State Bar Association or any other certifying authority. Birch Bay Law Group PLLC is an affiliate of The Cowlitz Law Group PLLC and operates under the same management.