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Yes. You can make your own will in Washington State. You are not required to use an attorney to draft a will. However, because a will is a legal document, you want to create a will that the court will accept.
Unfortunately, no, a Pour Over Will does not avoid probate. Because assets in a Pour Over Will are not yet owned by the Trust, they must go through probate before they can be transferred over, and it's only then that they can realize any benefits a Trust has to offer.
Washington Wills is a free online library to help residents of Washington State draft their own last will and testament. Write your own simple will and other basic estate plan documents with our free forms and instructions. Look up the meaning of the legal terms you'll commonly encounter on Washington Wills.
over will differs from other wills in that its main beneficiary is the grantor's living trust. This type of will ?pours,? or transfers, assets into the trust in order to make certain that they will be distributed ing to the instructions stated in the trust.
A living trust. A living trust is the cornerstone for many estate plans. By storing your assets in a revocable living trust, you maintain control over your property while you're still alive, and after you die, your assets can pass directly to your beneficiaries without going through the hassle of probate court.
The main downside to pour-over wills is that (like all wills), the property that passes through them must go through probate. That means that any property headed toward a living trust may get hung up in probate before it can be distributed by the trust.
Steps to Create a Will in Washington Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses.
Practically speaking, you will likely need a traditional probate if there is any question regarding the identity or nature of Decedent's assets, heirs, or beneficiaries. See Paragraph E. If Decedent at death had no debts or other liabilities: A probate in Washington appears unnecessary.