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Washington law

Estate Planning Laws in Washington.

Washington estate planning is governed by Title 11 of the Revised Code of Washington (Probate and Trust Law) and Title 26 (Domestic Relations) for community-property matters. Washington is one of nine community-property states, which has substantial implications for estate planning — including automatic step-up in basis on both halves of community property at the death of the first spouse. Washington imposes its own state estate tax with a $2.193 million exclusion (the lowest of any state with an estate tax as of 2026), applicable to estates above that threshold. Washington has no state inheritance tax.

Last verified: 2026-04-20

State law

Key Washington Statutes

Washington Probate CodeRCW 11

Washington's probate and trust framework — governing wills, intestacy, probate administration, and fiduciary duties.

Washington Trust and Estate Dispute Resolution Act (TEDRA)RCW 11.96A

Washington's TEDRA provides a flexible framework for judicial and nonjudicial dispute resolution for trusts and estates — widely used for trust modifications, will contests, and fiduciary disputes.

Washington Estate TaxRCW 83.100

Washington imposes a state estate tax with a $2.193 million exclusion amount (the lowest of any state with an estate tax) and graduated rates up to 20%.

Community PropertyRCW 26.16

Washington's community-property framework — Washington is one of nine community-property states, which provides a full step-up in basis for both halves of community property at the first spouse's death.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Washington.

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