How to Store Your E-Will

Have you ever thought about creating a will but felt overwhelmed by the traditional process? You’re not alone. Many people put off estate planning because it seems complicated or time-consuming. But Washington state has embraced the digital age with electronic wills, or e-wills. These are wills created and stored electronically, offering a modern alternative to paper documents. With the rise of online legal services, it’s easier than ever to draft your will from the comfort of your home. However, there are some important things to know, especially when it comes to storing your e-will properly in Washington.

Understanding the Legal Requirements for E-Wills in Washington

In Washington, e-wills are legal, but they come with specific rules. One of the most crucial is that your e-will must be stored by a qualified custodian from the moment it’s signed until it’s needed for probate. This custodian has to be a Washington resident or a certain type of organization, like a trust company or law firm. Why is this important? Because it ensures your e-will is kept safe and unchanged, which is essential for it to be valid when the time comes. According to Washington state law, the custodian must maintain custody of the e-will and provide an affidavit confirming its authenticity when it’s time for probate. If your e-will isn’t stored with a qualified custodian, it might not be considered self-proving, and you’d have to treat it as a lost or destroyed will, which could complicate the probate process.

Using Online Legal Services Like Rocket Lawyer or LegalZoom

You might be thinking of using popular online legal services like Rocket Lawyer or LegalZoom to create your e-will. These platforms can be great for drafting your will, as they provide user-friendly interfaces and guidance through the process. However, here’s the catch: they aren’t currently qualified custodians in Washington state. That means you’ll need to find a separate custodian to store your e-will after it’s created. While these services can help you create the document, they don’t meet the specific criteria set by Washington law for custodians, such as being a Washington resident or an authorized entity.

Using Traditional Legal Service Like a Lawyer / Law Firm

Re-Notarizing Your E-Will

Finding a Qualified Custodian in Washington

When choosing a custodian, make sure they understand the legal requirements for e-wills in Washington. Ask about their experience with electronic documents and how they ensure the security and integrity of the files. It’s also a good idea to discuss fees upfront, as custodial services may come with ongoing costs. Additionally, the custodian should be disinterested, meaning they shouldn’t be an heir or beneficiary named in your will, to avoid any conflicts of interest.

Ensuring Lifetime Custodianship of Your E-Will

Once you’ve selected a custodian, they must keep your e-will safe for your entire lifetime. This means maintaining the electronic file in a secure manner and ensuring it can be accessed when needed for probate. The custodian should also be prepared to provide an affidavit confirming the e-will’s authenticity and custody history. This is a critical step to ensure your e-will is accepted by the probate court.

Summary

In summary, creating and storing an e-will in Washington involves a few key steps: drafting the will (possibly with an online service like Rocket Lawyer or LegalZoom), getting it remotely online notarized, and then storing it with a qualified custodian in Washington for your lifetime. By following these steps carefully, you can take advantage of the benefits of e-wills while ensuring your final wishes are legally protected.

Note: This blog post is for informational purposes only and does not constitute legal advice. For specific questions about your estate planning needs, consult with a qualified attorney in Washington state.