State law, Title 11 RCW, establishes the process for executing and probating your Last Will and Testament. A Last Will and Testament is necessary in Washington in order to designate your heirs, personal representative, guardian for your minor children, and trustee for any trust that you wish to establish at the time of your passing. If you do not have a Will any person who has a financial interest in your estate can petition the Superior Court to be appointed personal representative (PR). The PR is also sometimes referred to as the executor or the administrator of the estate. Dieing without a Will (intestate) can cause problems for your family members who may not agree with each other who should be appointed PR. Having a Will can avoid this contention, especially if you tell your family in advance who you have selected and why they were selected.

Sometimes people are afraid that if they do not have a Will or Trust in place the 'government' will take all of their property. This is not true! However, failing to prepare a Will does leave important decisions, like appointing your PR, in the hands of a judge who is unaware of your family's circumstaces and your personal desires for management of your final affairs. The same is true for an even more important decision: appointing guardians for you minor children. By preparing a validly executed Will you are able to designate who your children will go to, thus, avoiding the opportunity for dispute among your surviving family members and taking the decision out of the hands of a judge.

Title 11 RCW does designate who will get your property if you die intestate (without a will). Your creditors can make claims for payment and then the property will go to your closest surviving family members: children, parents, sibilings and so on. If you do not have any surviving family members, or if no family members attempt to claim your property then it can go to the State of Washington (escheat).

It is a common desire to designate non-relative heirs such as friends or charities to recieve property. This will only occur if they are designated as beneficiary of a specific asset or if they are named in your Will. Even if your property is going to go to your children or grandchildren there may be reasons why you would choose to distribute your property in unequal shares. You may also wish to disinherit one or more of your children. If this is not specifically stated in your Will then omitted children are etitled to the share they would have recieved if you died intestate.

The bottom line is that having a Last Will and Testament buys you piece of mind today and protects your family and finances for the future.