Does a Will Need to Be Notarized in Washington State: Legal Rules and Practical Guidance

If you are preparing a will in Washington State, you may wonder whether you must take the document to a notary before it becomes legally valid.

Generally, no. A standard Washington will does not have to be notarized simply to be valid. Washington law generally requires a will to be in writing, signed by the testator or another person under the circumstances allowed by law, and attested by at least two competent witnesses.

A notary can still be useful, particularly when the will is being made self-proving. But notarization and validity are two different issues.

Understanding that distinction can help you avoid one of the most common mistakes when preparing a Washington State will and testament.

Does a Will Need to Be Notarized in Washington State?

No. Washington State generally does not require a standard will to be notarized.

Under RCW 11.12.020, a will generally must be in writing, signed by the testator or by another person under the testator’s direction and in the testator’s presence or electronic presence, and attested by two or more competent witnesses.

The statute does not make a notary a basic requirement for an ordinary witnessed will.

This means a will does not become invalid simply because there is no notary stamp on the document.

What is required instead?

For a typical Washington will, the key formalities include:

• A written will
• The testator’s signature, subject to the statutory alternatives
• At least two competent witnesses
• Witnesses signing in the presence or electronic presence of the testator
• Signing at the testator’s direction or request

These requirements are more important to basic validity than notarization.

How Many Witnesses Are Required for a Washington Will?

For an ordinary Washington will, two or more competent witnesses are generally required.

The witnesses must subscribe their names to the will, or sign an affidavit meeting the applicable statutory requirements, while in the presence or electronic presence of the testator and at the testator’s direction or request.

This is an important distinction:

Two witnesses are generally required; a notary is not generally required.

A person who signs a will before a notary but fails to satisfy the witness requirements should not assume that the notary’s signature or seal automatically makes the will valid.

Washington appellate decisions have emphasized the importance of complying with the statutory execution requirements.

Does a Notary Replace the Two Witnesses?

Generally, no.

A notary and a witness perform different legal functions.

A notary may authenticate or acknowledge a signature and may administer an oath when required. A witness, on the other hand, provides evidence concerning the execution of the will.

Washington’s will statute specifically requires two or more competent witnesses for the ordinary execution of a will.

Therefore, one of the biggest mistakes when creating a Washington State will is assuming that:

“If a notary signs it, I don’t need witnesses.”

That is not the general rule.

If you are using a standard Washington will and the document requires witnesses, arrange for the required witnesses rather than relying on a notary alone.

Why Would You Notarize a Will in Washington State?

If notarization is not generally required, why would someone use a notary?

The main reason is that notarization can be part of the process for making a will self-proving.

A self-proving procedure can provide useful evidence concerning the proper execution of the will and may reduce the need to locate or obtain testimony from witnesses later.

Washington law provides procedures involving affidavits of attesting witnesses in connection with probate. RCW 11.20.020 addresses proof of wills and affidavits of attesting witnesses.

The practical takeaway is:

Notarization is not generally necessary to make the will valid, but a properly completed self-proving process can make later proof of the will easier.

What Is a Self-Proving Will?

A self-proving will is essentially a will accompanied by legally sufficient evidence concerning its execution.

The purpose is to make it easier to establish that the will was properly signed and witnessed when it is later presented for probate.

Without appropriate proof, questions can arise about whether:

• The testator actually signed the document
• The witnesses properly observed the signing
• The witnesses actually signed
• The execution followed Washington law
• The document presented to the court is the genuine will

A self-proving procedure can help address these evidentiary issues.

Is a self-proving will the same as a notarized will?

Not exactly.

The important issue is whether the document and accompanying affidavit satisfy the applicable Washington legal requirements.

Simply having a notary stamp somewhere on a will does not automatically turn the document into a properly self-proved will.

If you want to make a will self-proving, use the appropriate Washington procedure rather than simply asking a notary to stamp the will.

Washington State Will Requirements

Before signing a Washington State will and testament, it is useful to understand the basic requirements.

The will should be in writing

Washington’s general will statute requires the will to be in writing, subject to specific statutory exceptions.

A person should therefore not rely on an informal verbal statement as a substitute for a properly executed written will.

Washington does recognize a limited statutory exception involving certain nuncupative wills, but that exception is narrow and has specific requirements. For example, the statute addresses certain members of the armed forces, merchant marine personnel, and limited personal property situations.

For ordinary estate planning, a properly prepared written will is the practical approach.

The testator must sign

The person making the will is called the testator.

Washington law generally requires the testator to sign the will, although the statute permits certain alternatives where another person signs under the testator’s direction and in the testator’s presence or electronic presence.

The signing process should therefore be completed carefully rather than treated as a simple paperwork formality.

Two competent witnesses are generally required

The will must generally be attested by at least two competent witnesses.

The witnesses sign the will or use the statutory affidavit procedure while meeting the applicable presence and direction requirements.

Witnesses should follow the signing procedure carefully

It is not enough to collect two signatures at some unrelated time.

The witnesses should participate in the execution process in the manner required by Washington law.

This is particularly important because a later dispute may focus on how the will was signed, not simply whether two names appear on the last page.

Can a Will Be Valid Without a Notary in Washington State?

Yes.

A properly executed Washington will can be valid without notarization.

The Washington statute identifies the required execution elements for a standard will without making notarization a general requirement.

This means that if you have a properly prepared will, the absence of a notary stamp does not automatically make it invalid.

The focus should instead be on whether the will satisfies the applicable execution requirements.

How to Make a Will in Washington State

If you are preparing a Washington State will, the following general process can help you organize the signing.

1. Decide what the will should accomplish

Start by identifying your main estate-planning decisions.

For example, you may need to determine:

• Who should inherit your property
• Who should serve as personal representative
• Who should receive specific assets
• Who should receive the remainder of the estate
• Whether you need provisions concerning minor children

Your decisions should be reflected clearly in the document.

2. Use an appropriate Washington will form

A Washington State will template can be useful for a person whose circumstances are relatively straightforward.

However, do not assume that every online template is designed for Washington law.

State-specific requirements matter.

A generic form created for another state may contain execution instructions that do not match Washington law.

3. Complete the document carefully

Check names, beneficiaries, personal representative information, and other important details before signing.

Avoid handwritten changes after execution unless you understand the legal consequences.

A small alteration can create questions about whether the change was properly made.

4. Arrange for two competent witnesses

For an ordinary Washington will, arrange for the required witnesses before signing.

The witnesses should understand that they are participating in the execution of a will and should follow the applicable signing procedure.

5. Sign the will according to Washington law

The testator should sign or otherwise execute the document in the manner allowed by Washington law.

The witnesses should then complete their required signatures or applicable affidavit procedure.

If the testator cannot physically sign in the ordinary manner, Washington law provides specific alternatives.

6. Consider self-proving the will

Although notarization is not generally required, consider whether using a proper self-proving procedure would be beneficial.

This is especially worth discussing with an estate-planning attorney when you want to minimize potential proof issues later.

What If You Cannot Physically Sign Your Washington Will?

Washington law provides alternatives for a testator who is physically unable to sign in the ordinary manner.

For example, Washington Law Help explains that a person may use alternatives when they understand the will and its consequences but cannot physically write their name. A person may make a mark or direct another person to sign under the circumstances permitted by law.

Importantly, using an alternative signature method does not eliminate the witness requirement.

Washington Law Help specifically notes that two people must still witness the signing when a person signs with a mark or has someone sign on their behalf.

This is another example of why a notary should not be viewed as a replacement for witnesses.

Does Washington Allow Electronic Presence for Will Signing?

Yes, Washington law contains provisions addressing electronic presence.

RCW 11.12.020 provides that, subject to the applicable statutory provisions, the testator and witnesses may be in electronic presence of one another and may execute, attest, or acknowledge a will in counterparts that together constitute a single document.

This means Washington’s will-execution rules are not limited to the traditional scenario where everyone must necessarily be physically standing around the same table.

However, electronic execution must comply with the statutory requirements.

If you are considering remote or electronic execution, follow the current Washington procedure carefully rather than assuming that any video call automatically satisfies the law.

Does a Washington State Will Template Need to Be Notarized?

Not necessarily.

A Washington State will template does not become legally effective merely because it has been notarized, and notarization is not generally the basic requirement for an ordinary will.

The critical issue is whether the completed document is properly executed under Washington law.

For a standard will, that generally means paying attention to:

• Written form
• Testator’s signature
• Two or more competent witnesses
• Required presence or electronic presence
• Witness signatures
• The testator’s direction or request

If the template includes a self-proving affidavit, that is a separate part of the execution process and should be completed according to its instructions.

What Happens If You Only Get a Notary?

Suppose someone prepares a will, signs it before a notary, and assumes the document is complete.

If the required witnesses did not properly participate, the person may have a serious execution problem.

Washington appellate authority illustrates why the distinction matters. In one case, documents described as wills had been notarized but had not been properly executed with the required witnesses, and the court addressed the resulting validity issues.

The lesson is simple:

Do not treat notarization as a substitute for proper will execution.

If your will requires two witnesses, make sure the two witnesses participate in the legally required manner.

How to Write a Will in Washington State

Writing the contents of a will and legally executing the will are separate steps.

A person can write detailed instructions concerning property, but those instructions still need to be contained in a legally valid testamentary document.

When drafting a Washington will, consider organizing it around:

Identification of the testator

Clearly identify the person making the will.

Revocation of prior wills

The document may state what happens to earlier wills and testamentary documents.

Personal representative

Identify the person you want to handle the estate, subject to the applicable legal process.

Specific gifts

If you want particular assets or property to go to particular people, identify them clearly.

Residuary estate

Address property that remains after debts, expenses, and specific gifts are handled.

Beneficiaries

Use clear names and relationships so there is less room for uncertainty.

Guardian nominations

If relevant, the will may address your wishes concerning the care of minor children.

The precise language needed depends on the person’s circumstances. A complicated estate should not be forced into a basic online template simply because the form is convenient.

Common Mistakes With a Washington Will

Mistake 1: Believing notarization is mandatory

A standard Washington will does not generally need a notary simply to be valid.

The statute focuses on the written will, signature, and witness requirements.

Mistake 2: Using a notary instead of two witnesses

This is a more serious misunderstanding.

A notary does not generally replace the two competent witnesses required for an ordinary Washington will.

Mistake 3: Using the wrong state’s template

Estate-planning rules vary by state.

A will form designed for another state may contain different signing instructions.

Mistake 4: Having witnesses sign separately

The witnesses should participate in the execution process according to Washington law rather than simply signing the document days later.

Mistake 5: Making unexplained handwritten changes

Crossing out words or adding provisions after signing can create questions about the document’s validity and meaning.

Mistake 6: Failing to consider self-proving procedures

A person may correctly execute a will but overlook the potential practical benefit of making the will self-proving.

Whether this is appropriate depends on the circumstances and the applicable procedure.

How to File a Will in Washington State

The question of how to file a will in Washington State is different from the question of whether a will must be notarized.

A will is generally an estate-planning document that becomes relevant to the probate process after the testator’s death.

Washington law provides procedures for presenting a will for probate and establishing it through the court process. RCW 11.20.020 addresses applications for probate and the proof of wills.

Therefore, do not confuse:

• Signing a will
• Notarizing or self-proving a will
• Filing or presenting a will in probate

These are different legal steps serving different purposes.

If you are asking where the original should be kept before death, that is also a separate issue from probate filing.

Can You Make a Washington Will Without a Lawyer?

For some straightforward situations, people use a Washington State will template or other self-help resource.

However, the question is not simply whether you can create a will without an attorney. The more important question is whether the document accurately handles your circumstances and is properly executed.

Legal assistance may be especially useful if you have:

• A blended family
• Significant real estate
• A business
• A large estate
• Children from different relationships
• Beneficiaries with special circumstances
• Potential family disputes
• Complex distribution instructions
• Concerns about capacity or undue influence

A lawyer can also help distinguish a basic will from other estate-planning documents that may be appropriate for your circumstances.

Washington Will Notarization: Quick Answer

Does a will need to be notarized in Washington State?
Generally, no.

How many witnesses are required?
An ordinary Washington will generally requires at least two competent witnesses.

Can a notary replace the witnesses?
Generally, no.

Can a will be valid without a notary?
Yes, if it is properly executed under Washington law.

Why use a notary?
A notary may be involved in certain self-proving procedures and can serve an important role in documenting sworn statements or acknowledgments.

Can a person who cannot physically sign still make a will?
Yes, Washington law provides specific alternatives, but the required witness formalities still apply.

Does electronic signing exist under Washington law?
Washington law provides for electronic presence and execution in certain circumstances, subject to statutory requirements.

Frequently Asked Questions

Does a will have to be notarized in Washington State?

No. Notarization is generally not required for an ordinary Washington will to be valid. The standard requirements generally include a written will, proper execution by the testator, and two or more competent witnesses.

Does a will need two witnesses in Washington State?

Generally, yes. Washington law requires an ordinary will to be attested by two or more competent witnesses who sign according to the statutory requirements.

Can I make a will without a lawyer in Washington?

A person can use self-help resources and state-specific forms to prepare a straightforward will. However, complicated estate-planning situations may require individualized legal advice.

Can I use a Washington State will template?

Yes, provided the template is appropriate for Washington law and is properly completed and executed. A generic template created for another jurisdiction may not contain the correct requirements.

Does a notary make a Washington will valid?

Not by itself. A notary does not generally replace the two witnesses required for an ordinary Washington will.

What happens if my will is notarized but not witnessed?

That can create a significant validity problem because Washington’s ordinary will statute requires two or more competent witnesses. A notary’s presence does not automatically satisfy that requirement.

Can a will be signed electronically in Washington State?

Washington law permits certain forms of electronic presence and execution, but specific statutory requirements apply. Do not assume that any electronic signing method automatically creates a valid will.

Can someone else sign my will for me?

Washington law allows another person to sign under specified circumstances when acting at the testator’s direction and in the testator’s presence or electronic presence. Additional witness requirements still apply.

Practical Washington Will Signing Checklist

Before treating your Washington will as complete, review the following:

• The document is intended to operate as your will.
• The will is in writing.
• You have the legal capacity to make the will.
• You sign it according to Washington law.
• At least two competent witnesses participate as required.
• The witnesses sign according to the applicable procedure.
• You do not rely on a notary as a replacement for witnesses.
• If using electronic presence, you follow the statutory requirements.
• If using a self-proving procedure, all required formalities are completed.
• You keep the original in a secure and accessible location.
• The people who may need to locate the will know where it is.

Final Takeaway

A will does not generally need to be notarized in Washington State to be valid.

For an ordinary Washington State will and testament, the central requirements generally involve a written document, proper execution by the testator, and two or more competent witnesses.

A notary can still be useful, particularly when completing a legally recognized self-proving procedure. But a notary should not be viewed as a substitute for the witness requirements.

If you are preparing a Washington will, focus first on proper execution. If your situation involves complicated property, beneficiaries, family circumstances, or uncertainty about the signing process, obtaining advice from a qualified Washington estate-planning attorney can help reduce the risk of an execution problem.

Legal information disclaimer: This article provides general educational information about Washington State wills and is not a substitute for legal advice. Washington law can change, and the correct approach can depend on the specific facts and circumstances of an estate.