Simple Will - Washington

**LAST WILL AND TESTAMENT

OF
[FULL LEGAL NAME]**

(the “Testator”)

Effective Date: [DATE]
Domicile: [COUNTY], Washington

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block (including Self-Proving Affidavit)

I. DOCUMENT HEADER

1. Identification and Capacity. I, [FULL LEGAL NAME], being over the age of eighteen (18), of sound mind, and a resident of the State of Washington, declare this instrument to be my Last Will and Testament (“Will”).

2. Revocation of Prior Wills and Codicils. I hereby revoke all prior wills and codicils made by me.

3. Statement of Intent. It is my intent that this Will be executed, interpreted, and enforced in accordance with the laws of the State of Washington and that it fully comply with RCW 11.12.020 (execution requirements for wills).

II. DEFINITIONS

For purposes of this Will, the following capitalized terms have the meanings set forth below:

“Child(ren)” means each biological or legally adopted child of mine, living or en ventre sa mère on my date of death, namely: [NAME(S)].

“Estate” means all property, whether real, personal, tangible, intangible, or digital, in which I have any interest at death, wherever situated.

“Personal Representative” means the individual(s) appointed under Section III.B to administer my Estate and carry out the provisions of this Will.

“Residuary Estate” means all Estate assets remaining after payment of debts, expenses, taxes, and satisfaction of all specific gifts.

III. OPERATIVE PROVISIONS

A. Specific Bequests

1. Tangible Personal Property. I give my tangible personal property described in Schedule A (attached) to the person(s) named therein.
2. Monetary Gifts. I give the following sums:
   a. $[AMOUNT] to [BENEFICIARY NAME];
   b. $[AMOUNT] to [BENEFICIARY NAME].

B. Appointment of Personal Representative

1. I nominate [PRIMARY EXECUTOR NAME] as Personal Representative.
2. If the primary nominee fails or ceases to serve, I nominate [SUCCESSOR EXECUTOR NAME].
3. Bond Waiver. No bond or other security shall be required of any Personal Representative.

C. Disposition of Residuary Estate
I give, devise, and bequeath my Residuary Estate to [BENEFICIARY NAME(S)], per stirpes.

D. Guardian for Minor Children
If any Child is a minor at my death, I appoint [GUARDIAN NAME] as guardian of the person and estate of such Child. [SUCCESSOR GUARDIAN] shall serve if the above-named guardian cannot.

E. Simultaneous Death
If any beneficiary and I die under circumstances making the order of death uncertain, such beneficiary shall be deemed to have predeceased me.

F. Digital Assets
I authorize my Personal Representative to access, manage, and dispose of all digital assets and electronic communications to the fullest extent permitted by law under the Revised Uniform Fiduciary Access to Digital Assets Act, RCW 11.120 et seq.

G. Administrative Powers of Personal Representative
My Personal Representative shall have all powers granted by RCW 11.68.090 and any other applicable statute, including, without limitation, the powers to sell, lease, exchange, invest, continue any business, and make tax elections, without court order.

H. Tax Allocation
All estate, inheritance, and similar taxes occasioned by my death shall be paid from the Residuary Estate, without apportionment, unless expressly provided otherwise.

I. No-Contest Clause (In Terrorem)
Any person who, without probable cause and not in good faith, contests this Will or my Estate plan shall forfeit any interest they would otherwise receive under this Will, and such interest shall pass as if the contestant had predeceased me. Consistent with Washington law, this clause shall not be enforced against a beneficiary who brings a contest or other challenge in good faith and upon probable cause, including a beneficiary who has fully and fairly disclosed all material facts to counsel and acted upon counsel's advice.

IV. REPRESENTATIONS & WARRANTIES

1. Testamentary Capacity. I represent that I am of legal age and sound mind.
2. Complete Disclosure. I have made reasonable inquiry into, and hereby warrant the completeness of, my Estate assets to the best of my knowledge.

V. COVENANTS & RESTRICTIONS

1. Duty of Personal Representative. The Personal Representative shall exercise fiduciary duties of loyalty and care in administering the Estate.
2. Compliance Covenant. All fiduciaries shall comply with applicable Washington probate procedures and court rules.

VI. DEFAULT & REMEDIES

1. Events of Default. A fiduciary’s (a) gross negligence, (b) willful misconduct, or (c) material breach of fiduciary duty constitutes a Default.
2. Remedies. Upon Default, an interested party may petition the Superior Court for (i) removal of the fiduciary, (ii) surcharge, or (iii) any other remedy available at law or equity.
3. Attorneys’ Fees. The Court may award reasonable attorneys’ fees and costs to the prevailing party in any fiduciary-duty action.

VII. RISK ALLOCATION

1. Executor Indemnification. The Estate shall indemnify and hold the Personal Representative harmless from any loss, liability, or expense arising from good-faith administration, except for losses resulting from the Personal Representative’s fraud, gross negligence, or willful misconduct.
2. Limitation of Liability. The Personal Representative’s liability shall be limited to the total value of the Estate assets under administration at the time of the act or omission giving rise to liability.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Will is governed by, and construed in accordance with, the laws of the State of Washington.
2. Forum Selection. Washington has no separate probate court; the Superior Court has original, plenary subject-matter jurisdiction over probate and trust matters under RCW 11.96A.040. Exclusive jurisdiction and venue for all matters arising under this Will shall lie with the [COUNTY] Superior Court, sitting in probate.
3. Arbitration. Nonjudicial dispute-resolution procedures (mediation and arbitration) for any "matter" concerning my Estate, as that term is defined in RCW 11.96A.030, are available under the Trust and Estate Dispute Resolution Act (TEDRA), RCW 11.96A.010, 11.96A.300, and 11.96A.310. I do not direct that any such dispute be submitted to mandatory binding arbitration, and this Will shall not be construed to require it.
4. Jury Waiver. Under RCW 11.24.010, a contest of this Will is tried and determined by the Superior Court, not a jury; there is no right to a jury trial in a will contest. Estate of Clayson, 26 Wash. 253 (1901).
5. Injunctive Relief. The Superior Court, sitting in probate, retains full equitable power to issue temporary restraining orders, preliminary injunctions, or other appropriate relief to preserve Estate assets.

IX. GENERAL PROVISIONS

1. Severability. If any provision of this Will is determined unenforceable, the remaining provisions shall remain in full force.
2. Headings. Headings are for convenience only and do not affect interpretation.
3. Integration. This instrument constitutes the entire expression of my testamentary intent.

X. EXECUTION BLOCK (WASHINGTON FORMALITIES)

A. Signature of Testator

IN WITNESS WHEREOF, I, [FULL LEGAL NAME], the Testator, sign my name to this Will on this [____] day of [__________], 20[____], at [CITY], Washington, and declare that I sign and execute this instrument as my Last Will and Testament.

Testator Signature: [________________________________]
Printed Name: [FULL LEGAL NAME]
Date: [__/__/____]

B. Attestation Clause

We, the undersigned witnesses, declare that on the date written above, the Testator, who is personally known to us (or whose identity has been satisfactorily proven), declared this instrument to be the Testator’s Last Will and Testament, signed it in our presence (or acknowledged a previously-made signature), and requested that we, in the Testator’s presence and in the presence of each other, sign this Will as witnesses. The Testator appeared to us to be of sound mind and under no undue influence.

C. Self-Proving Affidavit

(State of Washington - RCW 11.20.020)

STATE OF WASHINGTON )
: : ss.
COUNTY OF [COUNTY] )

We, [TESTATOR NAME] and the undersigned witnesses, being first duly sworn, on oath declare:

1. The Testator signed and executed the foregoing Will on the date thereof.
2. The witnesses were present and signed as witnesses in the Testator’s presence and in the presence of each other.
3. The Testator was at least eighteen (18) years old, of sound mind, and under no undue influence.
4. Each witness is at least eighteen (18) years old and competent to act as a witness.

Testator Signature: [________________________________]
Printed Name: [TESTATOR NAME]

Witness 1 Signature: [________________________________]
Witness 2 Signature: [________________________________]

Notary Public Signature: [________________________________]
Notary Public for the State of Washington
Commission No.: [____________]
My Commission Expires: [____________]

END OF DOCUMENT