The exact answer is this: In Washington State, if you—or any interested party like a beneficiary—keep custody of your electronic will (e-will), the law treats it as a “lost or destroyed will” for probate purposes. This is because a qualified custodian is the only person or entity legally authorized to provide the required affidavit of integrity, which is essential to make your e-will self-proving and avoid a costly, high-risk court battle.
This seems counterintuitive, right? You get the convenience of a digital will, but you can't just store it in your own Google Drive. But this one strict rule is the single most important factor that makes Washington’s electronic wills work.
Here is the breakdown of why this is the defining, non-negotiable feature of the Qualified Custodian service in Washington State (RCW 11.12).
The Problem: Digital Documents Are Too Easy to Change
When you sign a physical will, you use wet ink. The document is tangible. Any attempt to alter, shred, or modify it leaves obvious, physical evidence. A PDF or digital file, however, can be altered with a few clicks, leaving no trace the moment the last person with access decides to edit it.
This inherent risk of digital fraud is exactly what the Qualified Custodian rule was created to solve.
What a Qualified Custodian Actually Does
Their job isn't just to "store" the file. It is to legally guarantee that the document presented to the court is the exact, unaltered version signed by the testator (the person who made the will).
| Qualified Custodian's Core Duty | Why It Matters to Your Family |
| Maintain Exclusive Custody | Proves the will was never in the hands of a beneficiary or an heir who could be tempted to change it. |
| Provide a Sworn Affidavit | A legal, sworn statement (under penalty of perjury) delivered to the court stating the will has been in their custody at all times and has not been altered. |
| Deliver Within 30 Days | Ensures the will is submitted promptly, preventing delays that can be devastating to a grieving family. |
The Catastrophic Risk of Self-Custody
If you bypass a qualified custodian and try to handle the custody yourself—or give it to an heir, spouse, or friend named in the will—you do not save time or money; you guarantee a legal headache.
FAQ: What Happens Without a Qualified Custodian?
Lost Status: The e-will is legally deemed a “lost or destroyed will.” This instantly throws the document into the most difficult category of probate.
Loss of Self-Proving Status: An e-will held by a Qualified Custodian is "self-proving" (RCW 11.12.450), meaning the court accepts its validity quickly. Without the custodian's affidavit, this status is lost.
High Evidentiary Burden: The executor must now prove the will through the demanding process for a lost will (RCW 11.20.070), requiring:
Clear, Cogent, and Convincing Evidence (The highest standard of proof).
Proving the Will’s Exact Contents.
Proving the Will Was Not Revoked.
This means expensive witness testimony, digital forensic analysis, and a lengthy, unpredictable court case. The simple act of saving a few $100 on a custody service could cost your estate tens of thousands in legal fees.
The Big Insight: Custody Is Your E-Will’s Insurance Policy
An electronic will gives you flexibility and speed in its creation. A Qualified Custodian service gives your family the certainty and simplicity you intended.
You create the will electronically because it’s convenient. You use a Qualified Custodian because it ensures the will is admitted to probate without the family having to fight a battle of authenticity.
The Qualified Custodian service isn't about storage; it's about eliminating the legal question mark that hovers over any digital document. It’s the human (or entity) that stands up in court and swears, "This is the real deal."
Ready to Ensure Your Digital Legacy is Undeniable?
If you’ve taken the progressive step of creating an electronic will, don't let the technicality of custody derail your wishes. Our Qualified Custodian service is built specifically to meet the strict requirements of RCW 11.12.470, ensuring your will is securely stored and delivered with the required, court-ready affidavit.
