Can a Qualified Custodian Provide a Certified Copy of an Electronic Will? 

Yes, in Washington State, a qualified custodian (QC) can provide a certified copy of an electronic will (eWill) to the testator or their attorney upon request. This is explicitly permitted under RCW 11.12.480, which states that the QC may issue a certified paper copy that accurately represents the original electronic will. This function ensures the authenticity of the document, similar to how court clerks provide certified copies of filed wills during probate.

When Might a Bank or Financial Institution Require a Certified Copy?

While it is uncommon, there are instances where a bank or financial institution may request a certified copy of an eWill. Some potential scenarios include:

• Estate Planning Verification: A bank acting as a trustee may want to review the eWill to confirm estate planning details, particularly if assets are being transferred to a trust.

• Financial Transactions: In rare cases, banks may assess estate planning documents to evaluate financial stability for loans or financial agreements.

• Assurance for Payable-on-Death (POD) Accounts: A bank might request a certified copy to confirm that no conflicting beneficiary designations exist.

However, most banks do not require a will to be presented before the testator’s death, as wills typically remain confidential until probate.

The Role of Certified Copies Before the Testator’s Death

Certified copies of wills are generally associated with probate proceedings. However, in the case of electronic wills, the ability to obtain a certified copy from the QC provides an additional layer of security and verification. Testators may choose to request a certified copy for personal records, legal planning, or to share with trusted advisors. 

That said, institutional policies vary. While some banks or financial entities might accept a QC-certified copy for verification, others may prefer to rely on other estate planning documents, such as trust agreements or power of attorney forms.

Legal Framework for Qualified Custodians in Washington State

The Uniform Electronic Wills Act, effective January 1, 2022, governs electronic wills in Washington State. Key provisions include:

• Eligibility Requirements for QCs (RCW 11.12.460):

  • Must be over 18 and a resident of Washington

  • Can be a trust company, national bank, nonprofit corporation, or professional legal entity

  • Cannot be an heir, beneficiary, or person with a conflict of interest

• Duties of QCs (RCW 11.12.470):

  • Securely store the electronic will

  • Provide copies to the testator or their attorney upon request

  • Deliver the will to the personal representative or court after the testator’s death

  • Maintain records of access and transfers

• Certified Paper Copies (RCW 11.12.480):

  • A QC may issue a certified paper copy for a reasonable fee

  • The certified copy serves as a verified representation of the electronic original

Should You Request a Certified Copy?

Given that most financial institutions do not require a will before death, requesting a certified copy may not be necessary for everyone. However, if you are working with an estate planner, financial institution, or legal advisor who requests a verified will, obtaining a certified copy from the QC can provide assurance that the document is authentic and legally valid.

Conclusion

Washington State law allows qualified custodians to issue certified copies of electronic wills, providing a reliable way to verify their authenticity before probate. While banks and financial institutions may not commonly require such copies, they could be useful in specific estate planning and financial scenarios. If you’re considering whether to request a certified copy of your eWill, consulting with a legal professional can help you determine if it’s the right step for your situation.

Key Resources:

• RCW 11.12.460: Electronic wills—Qualified custodians—Eligibility

• RCW 11.12.470: Electronic wills—Qualified custodians—Duties

• RCW 11.12.480: Electronic wills—Certified paper copies

Understanding Electronic Wills Under Washington Law

Washington State adopted the Electronic Wills Act (EUWA) in 2022, allowing wills to be executed and stored digitally. However, the EUWA does not provide separate revocation procedures for e-wills, meaning general will revocation laws apply.

Legal Ways to Revoke an E-Will in Washington

According to RCW 11.12.040, a will (including an electronic will) can be revoked by:

1. Executing a New Will: A subsequent will that explicitly revokes the prior e-will or contains terms inconsistent with it.

2. Physical Destruction: A testator (or someone acting under their direction) may revoke a will by burning, tearing, or destroying it with intent to revoke.

The Most Reliable Method: Executing a New Will

The safest and most legally sound way to void an e-will is to create and execute a new will that states it revokes all prior wills. To be legally valid in Washington, the new will must:

• Be in writing.

• Be signed by the testator.

• Be witnessed by two disinterested individuals.

If executed electronically, it must meet the EUWA’s requirements for valid electronic wills.

Can You Revoke an E-Will by Deleting It?

While deleting an e-will and its backups may seem like a revocation method, it presents risks:

• Copies May Exist: If stored in cloud storage, email, or with a qualified custodian, deleting one copy may not revoke all instances.

• Intent is Unclear: Unlike tearing a physical will, electronic deletion could be accidental and might be contested in court.

• Qualified Custodian Rules: If a qualified custodian manages the e-will, you must notify them of the revocation to ensure compliance.

The Surefire Way to Revoke an E-Will

Because Washington law does not clearly define a "physical act" for digital wills, there is no single action that courts will automatically recognize as a definitive revocation. Instead, combining multiple steps will provide the best legal certainty:

1. Execute a New Will – This is the most legally certain method. The new will should explicitly state that it revokes all prior wills, including the e-will. Since courts prioritize later wills over earlier ones, this provides a solid foundation for revocation.

2. Delete the E-Will Everywhere – While deletion alone may not be legally sufficient, removing all known copies (personal devices, cloud storage, email, and with custodians) ensures no conflicting documents remain. However, your online notary may not be able to delete all trace of your notarization.

3. Notify Your Qualified Custodian – If the e-will was stored with a qualified custodian, formally notify them in writing that the will is revoked. This ensures the legally stored version is removed or properly watermarked as revoked. Your qualified custodian may have you notarize an affidavit explaining the revocation.

4. Create a Revocation Document – Draft and sign a separate document stating explicitly that you are revoking the e-will. This serves as additional evidence of intent.

5. Destroy Any Printed Copies – If a printed copy of the e-will exists, physically destroying it may help reinforce your intent.

Why Courts May Still Question an E-Will Revocation

Since Washington law doesn't specify a digital equivalent to the physical destruction of a will, relying only on deletion is risky. The testator’s intent is crucial in probate court, and digital files can often be recovered. Courts may require more proof, especially if someone later presents a copy of the e-will.

Best Practices for Voiding an E-Will

To ensure your e-will is revoked properly, follow these steps:

1. Draft and Execute a New Will: Clearly state in the new will that all previous wills, including e-wills, are revoked.

2. Delete the E-Will Files: Remove all digital copies from personal devices, cloud storage, and email.

3. Notify Any Custodians: If a qualified custodian holds the e-will, formally request its revocation.

4. Document Your Intent: If concerned about potential disputes, consider signing a statement affirming your intent to revoke the e-will.

Challenges and Legal Uncertainties

Revoking an e-will is more complex than revoking a paper will due to digital storage and potential backups. While physical destruction is clear for paper wills, the legal system is still adapting to electronic revocations. Courts may require additional proof, especially if someone later presents a copy of the e-will.

Final Thoughts: Why Legal Guidance is Crucial

Given the complexities of e-wills and revocation, consulting an estate planning attorney is highly recommended. A lawyer can ensure compliance with Washington laws and help prevent probate disputes.

Key Takeaways

• The best way to revoke an e-will in Washington is to execute a new, legally valid will that explicitly revokes the prior e-will.

• Simply deleting an e-will may not be enough due to potential backups and lack of clear intent.

• Notify any qualified custodians to remove stored versions of the e-will.

• Combining multiple revocation steps (new will, deletion, notifications, and revocation documents) ensures the highest legal certainty.

• Consult an estate planning attorney to ensure your revocation process is legally sound and enforceable.

By taking the right legal steps, you can ensure your final wishes are honored and prevent potential estate disputes.