Here is something most people in Tacoma do not think about until it is too late: if you do not have an estate plan, the state of Washington already has one for you and it probably does not match what you would choose. Washington’s default rules decide who gets your home, your savings, and your personal belongings. A court could decide who raises your kids. And your healthcare wishes? Unless they are written down and legally clear, they may simply go unheard.
The good news is that putting a solid plan in place is far more approachable than most people expect. Whether you own a small condo near Proctor District or a family home in North Tacoma with a rental property on the side, the same basic documents apply. Here is a straightforward look at what Tacoma residents actually need and why each one matters.
Do I Really Need a Will if I Am Not Wealthy?
Absolutely. A will is the foundation of any estate plan, and it has nothing to do with how much money you have. Under RCW 11.12.010, any Washington resident who is at least 18 years old and of sound mind can make a will. The requirements under RCW 11.12.020 are straightforward: the will must be in writing, signed by you, and witnessed by at least two competent witnesses who sign in your presence.
A will lets you name who receives your belongings, who serves as executor to manage the process, and perhaps most importantly for parents, who will raise your children if something happens to you. Without one, a Pierce County probate court makes those calls based on Washington’s intestacy laws (RCW 11.04), which may not reflect your wishes at all.
One thing to keep in mind: some assets pass outside of a will entirely. Life insurance policies, retirement accounts, and jointly held property transfer directly to named beneficiaries or co-owners. Your will controls what is left in your probate estate, so making sure your beneficiary designations are up to date is just as important as the will itself.
Should I Have a Trust, or Is a Will Enough?
For many Tacoma residents, a will alone does the job. But a revocable living trust is worth considering if you want to avoid the time and cost of probate, keep your estate matters private, or own real property in more than one state. Trusts in Washington are governed under RCW 11.98, the Uniform Trust Code, which sets out the rules for creating, managing, and distributing trusts.
A revocable living trust lets you transfer your assets into the trust during your lifetime while keeping full control. You can change it, add to it, or cancel it at any time. At your death, the assets pass directly to your named beneficiaries without going through probate court, which saves time, legal fees, and keeps the details out of the public record.
An irrevocable trust, by contrast, cannot be modified once it is signed. These are more commonly used for specific goals like reducing a taxable estate, protecting assets from creditors, or setting aside funds for a beneficiary with special needs. The right choice depends on your situation, and in most cases people end up using both a trust and a will together.
What Is a Durable Power of Attorney and Why Does It Matter?
A power of attorney is a legal document that gives another person, your “agent,” authority to act on your behalf. In Washington, powers of attorney are governed by the Uniform Power of Attorney Act, RCW 11.125, which took effect January 1, 2017.
Here is something many people overlook: under RCW 11.125.040, a Washington power of attorney does not automatically remain effective if you become incapacitated. That means unless the document specifically states that it continues during your incapacity, it ends the moment you can no longer make decisions for yourself, exactly when you need it most. A properly drafted durable power of attorney keeps your agent’s authority intact through incapacity.
To be valid, the document must meet the formal requirements of RCW 11.125.050. It must be signed and dated by you, and either acknowledged before a notary public or signed in front of two qualified witnesses who are unrelated to you and your agent.
Without a durable financial power of attorney, your family may have to go through a costly and time-consuming court guardianship process just to pay your bills or manage your bank accounts if you become unable to do so yourself.
What About Healthcare Decisions? What Documents Cover That?
Washington law gives you two main tools for planning your medical care in the event you cannot speak for yourself.
Durable Power of Attorney for Health Care
Under Washington law, you can appoint a healthcare agent to make medical decisions on your behalf when you are unable to do so. This person can communicate with your doctors, authorize treatments, and make decisions consistent with your values. One important limit: witnesses to the appointment cannot be your paid caregiver, employee of a healthcare facility where you receive care, or related to your agent, to ensure independence.
Health Care Directive (Advance Directive / Living Will)
This document records your specific wishes about end-of-life treatment and other medical care. Under RCW 70.122.030, your directive must be made part of your medical record. Washington also maintains a Health Care Declarations Registry under RCW 70.122.130, where you can store your directive so it is accessible statewide in an emergency.
Most Tacoma residents benefit from having both documents. Your healthcare directive spells out your specific wishes. Your healthcare power of attorney gives a trusted person the authority to act when situations arise that your directive may not have anticipated.
Does Washington Have Its Own Estate Tax?
Yes, and this is something many Tacoma homeowners do not realize until it is too late. Washington is one of only a handful of states with its own estate tax, separate from the federal system, governed by RCW 83.100.
As of 2026, the Washington estate tax exclusion amount is approximately $3,076,000 per person, adjusted annually for inflation. If your estate’s gross value exceeds that threshold, a Washington estate tax return must be filed. Unlike the federal system, Washington does not allow portability, which means a surviving spouse cannot inherit the unused portion of their partner’s exclusion.
With Tacoma home values having risen significantly in recent years, it is worth taking stock of your total assets. A family home, retirement accounts, life insurance proceeds, and other property can add up faster than expected. Thoughtful planning, including the use of trusts, gifting strategies, and coordination with your overall estate plan, can meaningfully reduce your family’s tax exposure.
Key Takeaways
- A valid Washington will requires you to be at least 18, of sound mind, and have two witnesses sign in your presence under RCW 11.12.020.
- Without a will, Washington’s intestacy laws decide who gets your property and who raises your children, not you.
- A revocable living trust can help your family avoid probate, protect privacy, and simplify asset transfers.
- Washington powers of attorney are not durable by default. You must include specific language under RCW 11.125.040 to make yours effective through incapacity.
- A healthcare directive and a durable healthcare power of attorney work together to protect your medical wishes.
- Washington has its own estate tax with a 2026 exclusion of approximately $3,076,000. Planning now can protect your family from a tax bill later.
- Every estate plan should be reviewed after major life changes, including marriage, divorce, the birth of a child, a significant asset purchase, or a move to a new state.
Frequently Asked Questions
Do I need an attorney to make a will in Washington?
You are not legally required to hire an attorney to write a will in Washington. However, a will that does not meet the formal requirements under RCW 11.12.020 can be challenged or invalidated during probate. An attorney can also help you identify assets that pass outside your will, like retirement accounts and jointly held property, and make sure your overall plan fits together.
What happens if I die without a will in Washington?
Washington’s intestacy statutes under RCW 11.04 determine who inherits your estate. The distribution depends on whether you have a spouse, children, parents, or other relatives alive at the time of your death. The result does not always match what you would have chosen and can create complications for blended families or unmarried partners.
Can I use the same power of attorney I signed years ago?
Possibly, but it depends. Powers of attorney executed before January 1, 2017, when Washington’s current Uniform Power of Attorney Act (RCW 11.125) took effect, may not contain the durability language required to survive your incapacity. It is worth having an attorney review any older documents to confirm they still work the way you intend.
Is a living trust right for everyone?
Not necessarily. A trust involves upfront costs to draft and fund properly. For simpler estates, a well-drafted will combined with updated beneficiary designations may be all you need. For others, especially those with real estate in multiple states, minor beneficiaries, or privacy concerns, a living trust can be a worthwhile investment.
At what point does Washington estate tax become a concern?
If the gross value of your estate exceeds approximately $3,076,000, the 2026 exclusion adjusted for inflation under RCW 83.100.020, a Washington estate tax return is required. Residents with significant home equity, retirement savings, and life insurance policies can reach that threshold faster than expected.
Ready to Put Your Plan in Place?
Estate planning is one of the most meaningful things you can do for the people you love. At James A. Jones Attorney At Law, we help Tacoma residents create plans that reflect their real lives, are straightforward, legally sound, and designed to hold up when it matters most.
Whether you are starting from scratch, updating an old plan, or just want clarity on what you really need, we are here to guide you every step of the way. Schedule a free consultation through our website today and take the first step toward peace of mind. Your family deserves a plan that truly works.
