Moving to Washington state comes with a long to-do list, and updating your estate plan may not feel like a priority amid everything else. But bringing an out-of-state will into Washington without reviewing it could create serious problems for the people you leave behind.
Washington courts generally accept wills that you legally executed in another state, but Washington’s own probate laws now govern how courts carry out that will. What feels like a minor detail could end up completely changing who receives your assets and how.
What Washington state law says about out-of-state wills
Washington may accept your existing will. Keep in mind acceptance alone does not mean your estate plan still reflects your wishes. Consider these points:
- General acceptance of out-of-state wills: Washington courts generally recognize a will as valid if you properly executed it under the laws of the state where you created it.
- Washington probate laws now apply: Once you establish residency in Washington, the state’s own probate statutes govern how courts interpret and carry out your will.
- The community property trap: Washington is a community property state, meaning the law treats assets a married couple acquires during the marriage as belonging equally to both spouses — a rule that can dramatically alter how courts divide your estate.
- How community property can override your original wishes: If you moved from a common-law property state, your existing will may not account for Washington’s community property rules, potentially leaving your assets to people in ways you never intended.
- Other documents affected: Healthcare directives and powers of attorney governed by another state’s laws may also fall short of Washington’s specific legal requirements.
Knowing what the law says is one thing, taking action to protect your estate plan is another.
What new Washington residents should do with their existing estate plan
A thorough review of your existing documents could reveal gaps that are far easier to address now than after the fact. Here are some steps that can help you:
- Review your existing will, healthcare directives and powers of attorney for compliance with Washington statutes
- Update your executor designations to make sure the right person still holds that responsibility under Washington law
- Revise your healthcare directive to meet Washington’s specific requirements for medical decision-making
- Update your power of attorney to ensure it carries full legal weight in Washington
Taking these steps now could prevent your estate from reaching the wrong people in ways that go against your plans.
Relocating to Washington is one of the key triggers for updating your estate plan. Having someone who knows Washington law review your documents could make all the difference in making sure Washington courts honor your wishes the way you intended.