When most people think about estate planning, they think about wills. A will is a document that specifies how a person's property should be distributed after death. In most cases, a will must be executed by a notary public and filed with the court in order to be valid. In Washington, a will must be in writing and must be signed by the testator or by another person in the testator's presence and at the testator's direction. The testator must also be at least 18 years old. A will can be revoked or amended at any time, as long as the testator is mentally competent. A will can be used to dispose of real property, personal property, or both. Property that is specifically mentioned in a will is known as a bequest. If a person dies without a will, his or her property will be distributed according to the laws of intestate succession. In Washington, the laws of intestate succession are relatively simple. If the deceased person is survived by a spouse and/or children, the spouse and/or children will inherit the deceased person's property. If the deceased person is not survived by a spouse or children, the deceased person's property will be distributed to his or her parents, siblings, or other relatives.
There are several things to keep in mind when creating a will. For example, a will does not take effect until the testator's death. In addition, a will may be subject to probate, which is a legal process used to distribute a person's property after death. Probate can be expensive and time consuming, so it is often a good idea to have a will drafted by an attorney. An attorney can also help you create an estate plan that will minimize the amount of property that must go through probate. If you are interested in creating a will, or if you have questions about estate planning, please contact an attorney for more information.
Washington Last Will Facts
As you are creating a final will, it makes sense to conform to the stipulated Washington specifications. To such a degree, you’re certain that your document is statutory. When composing a last will and testament, what Washington regulations should you follow? Firstly, the inclination to prepare for Washington finally will be demonstrated. If it is found out the final will was created by way of force, it might be refuted and found revoked. Furthermore, the sanity of the testator must be irrefutable. In case you’re highly troubled or under medication, you must not plan your will. Thirdly, whoever is formulating the will should possess knowledge of the need for the exercise. It is proof that the individual is dedicated to completing the drafting. For clarity purposes, the intention is incorporated at the uppermost part of the testament. Below are other crucial features required when formulating a Washington testament:
Types of will not allowed - holographic wills (11.12.020 Requisites of wills—Foreign wills).
What If I Die Without a Will in Washington?
All the worth of a final will notwithstanding, the majority of individuals still do not notice its significance and pass away intestate. Passing away without a testament is termed as “intestate”. When this ensues, the inheritance is apportioned in accordance with the state’s intestacy stipulations. An inheritance trustee is appointed by the local probate court which gives a verdict on the inheritance. Actually, the expired person’s wealth distribution depends on whether they are married or not, and their heirs.
In the event, you are in a marital union and you pass on with no last will and testament in Washington, a community property state, your partner in marriage will possess your allocation of the community property. More so, it rings true in the event you and your spouse had offspring. What if you gave life to kids from a separate matrimonial union? In such an event, the offspring will get half of the community property and the second half will end up with the marital companion. It could be you are without a spouse or descendants, then your parents will succeed you. When your father, mother, and descendants are nonexistent, the belongings are given to siblings, nieces, and nephews. The last lot entitled to the legacy are grandparents, aunts, uncles, and other relations. If there are investments in one person’s name, (gotten before marriage by either inheritance or as a gift), they also fall as part of the endowment. When you depart this world with no testament and you have no breathing heirs, siblings, or parents, the partner receives the separate holdings. But in the event there are dependents, the marital companion gets half of the separate belonging while the other half is allocated equally among the kids. Same case when there are surviving brothers and sisters, and parents, who like the better half, will inherit half of the separate assets.
Say the departed individual didn’t have a spouse, offspring, blood relations, or any probable inheritor, the state receives the holdings.
What Should My Will Include?
Having gone through the perks and stipulations of Washington's final wills, it is advisable to study the rest of the document. The testator is called upon to ensure the details below are in the will.
But in case you employ the Washington last will template, the intent is actually mentioned within. Indicate your marital condition and how many kids you’ve got.
No final will and testament is admissible unless the legatees and their stakes are stated. Include legal names, addresses, and the portion of each recipient.
Appointment of Executor
Another crucial action is mentioning the executor of the last will and testament. Also identified as the personal representative, the trustee exists to fulfill the last will. The executor is a significant office, meaning only a sound person should be designated. The only stipulation is that they cannot be successors to the estate.
Appointment of Guardians
Say you have old parents, furry friends, or offspring, designating a caretaker is a wise move. The executor will cater to their concerns. You can settle for a replacement agent when the initial one is inaccessible.
Remember to give out the individual facts and contacts of the witnesses. Ensure the names and abode are mentioned.
The will should register the day’s date and station of signing. You and the witnesses are supposed to put their signatures on the date.
Among other matters that a Washington will and testament can cover are funeral orders, designated digital steward and any testator dictates. Ultimately, a final will is a crucial legal approach to have a trouble-free transition.