Estate planning is not a luxury reserved for the wealthy; under Washington law it is the mechanism by which a parent, rather than the State, decides what happens to his or her children and property after the parent dies.
Washington’s framework for managing an estate is codified in Title 11 of the Revised Code of Washington, which governs intestacy (no estate plan), wills, trusts, estate administration, and the resolution of estate disputes. Any person of sound mind who is at least eighteen years old may, by last will, devise all of his or her estate, including both real estate and personal property.
The choice a Washington parent faces is therefore simple: exercise the power through a valid estate plan, or leave the decision about the property—and the care of surviving children—to the State.
When a person dies without a valid will, the State supplies a rigid, one-size-fits-all distribution scheme for property. A validly executed will replaces the intestate default with the testator’s own intentions, and Washington law commands that all courts and others concerned in the execution of wills give due regard to the direction of the will and the true intent and meaning of the testator. Executing the will with proper formalities, such as a self-proving declaration, further streamlines the process.
For parents of minor children, the most consequential reason to plan is not property at all—it is the power to choose who will care for their children. Washington law allows a parent to nominate a guardian for their minor child in a probated will or other sworn record, and that nomination carries substantial legal weight. The court shall appoint the person nominated as guardian by a parent of the minor unless the court finds the appointment is contrary to the best interest of the minor.
A will thus does double duty: it directs property and, more importantly, it lets parents name a trusted friend or family member they want to raise their children.
Washington also provides a parallel mechanism allowing a parent, in a signed record, to nominate a standby guardian who may act when no parent is willing or able to do so. These instruments give parents a voice that the court is bound to honor absent a finding that the chosen guardian would harm the child’s interests.
The consequences of failing to make that choice may be devastating. A person becomes a guardian for a minor only on appointment by the court. When no parent has nominated a guardian, the court must select one without parental guidance, driven solely by its own assessment of the child’s best interest. If competing nominations exist, it chooses among them. That best-interest determination may not align with what the parents would have wanted, and the resulting proceedings can invite disagreement among relatives at the worst possible time – further traumatizing a child who just lost one or both parents. Rather than leaving it to a judge to determine what factors to consider, a parent can drive that decision through estate planning – maybe it’s education, religious beliefs, location, or family ties (or the lack thereof!). This is a decision no parent should leave to politicians.
In sum, estate planning under Washington law is the difference between controlling one’s own affairs and surrendering them to the State. Without a plan, the intestacy statute dictates who inherits, and a court—rather than a parent—decides who raises the surviving children. For any parent of a minor, the modest effort of executing a will and nominating a guardian is among the most protective decisions available, ensuring that both their property and their children pass into the hands they have chosen.
The attorneys of Center Street Law are available to help responsible parents plan for the future of their minor children. It is unnecessary to leave the fate of your children in the hands of a judge. Preplan now so that your child’s worst day does not involve them sitting at the mercy of a bureaucrat who has never met them and shares none of your values.
This article is provided for general informational purposes only and does not constitute legal advice. Every family’s circumstances are different, and the laws governing wills, trusts, probate, and estate administration are complex. If you have questions about your estate plan, you should consult with a qualified estate planning attorney like those at Center Street Law
