Revocable Living Trust requirements in Washington
- You must be at least 18 years old and of sound mind.
- You need to identify a trustee to manage the trust (you can be your own trustee).
- You need to name a successor trustee who takes over when you die or become incapacitated.
- The trust document must be signed and dated. Washington does not require notarization for validity, but notarizing is recommended to speed up real estate transfers.
- You must fund the trust by transferring ownership of assets into it. This means changing titles and beneficiary designations.
- No witnesses are required, but a notary is a common practice for real estate deeds.
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Create your revocable living trustHow to create a Revocable Living Trust in Washington, step by step
- List all your major assets: real estate, bank accounts, investments, and personal property.
- Decide who will be your beneficiary (who gets what) and who will be your successor trustee.
- Create the trust document. You can use a living trust template or hire an attorney. Make sure it follows Washington law.
- Sign the document before a notary public (recommended, not required).
- Fund the trust: change the title of your house to the trust, retitle bank accounts, and update beneficiaries.
- Keep the trust document in a safe place and tell your successor trustee where it is.
Cost considerations
In Washington, you can make a revocable living trust using online templates for $100 to $300. If you hire an estate planning attorney, expect to pay $2,000 to $4,000 for a comprehensive plan. Filing fees apply if you record a deed for real property.
Before You Begin: Washington Living Trust Checklist
Gather the essentials and understand Washington's signing rules to create a valid revocable living trust. This checklist ensures you start correctly and avoid common mistakes.
- Identify all assets you plan to transfer into the trust, including real estate, bank accounts, investments, and personal property.
- Decide on a trustee and successor trustee, and ensure they are willing to serve and are at least 18 years old.
- Draft a certification of trust (often called a certificate of trust) to avoid recording the full trust document with the county auditor when transferring real property.
- Remember that Washington requires your signature on the trust document to be notarized (and typically witnessed, though not legally required) to be valid.
- Have your Social Security number and the trust's intended name ready, but note that you may need a new EIN if the trust will have its own tax ID.
- Avoid common pitfalls: do not fund the trust with assets like retirement accounts or life insurance without updating beneficiary designations—the trust won't own them automatically.
Common questions
Is a revocable living trust better than a will in Washington?
It depends. A trust avoids probate, which is public and can be slow. A will goes through probate unless the estate is small. A trust also helps if you become incapacitated. But a will is simpler and cheaper. For most people, a will is fine. For larger estates or privacy, a trust makes sense.
Do I need to notarize my revocable living trust in Washington?
Washington law does not require notarization for a trust to be valid. However, if you put real estate in the trust, the deed must be notarized to be recorded. Notarizing the trust document is a good practice and is commonly done.
Can I change or cancel my revocable living trust?
Yes. Because it's revocable, you can amend or revoke it at any time as long as you are mentally competent. No one else has to approve. This is a key advantage over an irrevocable trust.
What happens to my assets if I don't fund my trust?
If you don't transfer assets into the trust, they are not covered. They will have to go through probate. Funding is the most important step. It's not enough to just sign the document.