Washington Oral Wills – 4 Facts While everyone in Washington who is a competent adult can create his or her own last will, State law also allows some people to create an oral will in limited situations. These wills, known as nuncupative wills in the State statutes, can only be used in a very limited set of circumstances, and you should not rely on the oral will provisions to create your last will and testament. 1. Testator Capacity. To make an oral will in Washington you must be at least 18 years old and of sound mind. Further, you can only make an oral will if you are a member of United States Armed Forces or someone who was employed by the United States Merchant Marine Service, or are otherwise a person competent to make a will as regards personal property not exceeding $1000 in value. 2. Witness Requirements. A qualified testator can only make an oral will if it is witnessed by two people who are present at the time. Also, the testator must be in his or her last sickness, meaning and testator is suffering from an illness or injury that will result in death. 3. Amount Limits. A person can only use an oral will to dispose of personal property and only up to a limit of $1,000. No oral will can be used to dispose of real estate. 4. Writing. Once an oral will is made, it must then be reduced to writing by the witnesses within six months of the testator speaking the terms of the will. Further, the deceased testator's spouse and heirs at law must be notified about the will so they can contest it. Experienced estate planning attorneys Seattle WA of the Byrd Garrett PLLC offers estate planning and business planning resources to residents of Seattle WA. To learn more about these free resources, please visit http://www.byrdgarrett.com today.
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