Click link above to listen to KCLL's SideBar podcast episode on estate planning.

What is Estate Planning? 

Estate planning is the process, undertaken before your death, of making sure that, once you die, your money and property are given away as you would like. Without estate planning, you have no say in who inherits your money, your family may have to pay taxes, and probate could be more complicated and time consuming than is necessary. The most common tools in estate planning are wills, trusts, powers of attorney, and living wills. Other specialized tools may be used to avoid probate.

Web sites for General Information:

There is a lot of information about estate planning on the web-not all of it is very good. Listed below are several web sites to get you started. When looking for information on the web, always look carefully to see whether the information is reliable, and whether it applies to Washington.

Nolo Press, Wills and Estate Planning. The legal encyclopedia on this web site does not address Washington law, but does include basic information about estate planning in general. Written for non-lawyers, Nolo Press materials answer legal questions in a straight forward, non-technical fashion. Nolo Press sells a wide variety of books designed for the do-it-yourselfer: the library owns many of these. Ask at the desk for help.

Department of Revenue, Affidavit of Successor. When a person dies without a will, their estate is distributed as ordered by law. The second page of this form includes a very clear chart of the lines of descent and distribution.

Attorney General of Washington, Consumer Protection Division, Dealing with Death. This guide is divided into two sections: "Preparing for Death" and "Once a Death Occurs." Estate planning is discussed within the first section.

Washington State Bar Association Consumer Information Series, Trusts and Wills. Published by the WSBA, the Consumer Information series includes a variety of helpful introductory materials. The pamphlets Trusts and Wills are helpful beginning materials for estate planning in Washington. The wills pamphlet answers many basic questions, such as what constitutes a valid will, how to change your will, and when you should update your documents.

Federal Consumer Information Center, Life Advice: Planning Your Estate. This web page, created by an insurance company and published on the Federal Information Center web site, can help you identify what counts as assets, and whether you are likely to have an estate tax issue.

Laws on Estate Planning:  

In Washington, many laws concerning estate planning are found in Title 11 (Probate and Trust law) of the Revised Code of Washington (RCW). Additional laws may be found in Title 26 (Domestic Relations), Title 63 (Personal Property), Title 64 (Real Property), Title 68 (Cemeteries Morgues and Human Remains), Title 70 (Public Health and Safety), Title 83 (Estate Taxation). You may also need to look at Federal Laws.

Forms:

Estate planning is a complex process that requires legal knowledge and informed decision making. Do-it-yourself kits are available from a number of sources, but they may not be accurate or sufficient for your needs. Forms can be found at office supply stores, or can be purchased on the Internet. We do not recommend using a credit card for purchase from within our training center as the transaction is not secure.

The Northwest Justice Project has forms for Living Wills, Powers of Attorney, and Quit Claim Deeds on their web site. These free forms are accompanied by careful instructions.

Books in the Library:

Many useful materials, especially Washington specific materials, are not available on the web. The library has a large collection of materials related to estate planning.

Self-Help Books: The library has a large collection of self-help books for estate planning. They can be found in the call number ranges listed below.
Estate Planning: KF 570 .E88 - KF 570 .Z9;

Living Trusts: KF 734

Wills: KF 755 - KF 757

If you go to those sections of the shelves, you will find a range of materials designed for do-it-yourselfers. This information is not necessarily specific to Washington - you may need to consult the statutes or one of the more detailed treatises listed below.

Detailed information about Washington estate planning laws can be found in several sources. These materials are written for lawyers, and address many of the specific questions left unanswered by the more general self help information listed above.

Washington Lawyer's Practice Manual, KF 300 .W27 1986. The Washington Lawyer's Practice Manual (WLPM) series is a great resource for practicing attorneys and for non-lawyers who need more in-depth knowledge of a particular subject. Estate planning is discussed beginning on page 129 of Chapter X in Volume IV. The WLPM series is located at the Reference Desk in both Kent and Seattle.

Washington Practice, Methods of Practice, KFW 80 .W3. The Washington Practice series is an invaluable resource for Washington law. Volume 1 covers Estate Planning in Chapters 27 & 28.

Washington Estate Planning Deskbook , KF 750 .Z99 W37 2005. A new publication from the Washington State Bar Association.

Continuing Legal Education (CLEs) The library collects materials from CLEs. These are outlines of topics covered in classes for lawyers. Generally, these address either new issues, or complicated details. They can be found within the call number ranges listed above.

If you need more help:

If you find that you need more information, you may contact one of the agencies listed below for assistance.

Estate Planning Council of Seattle (206) 285-4066

Senior Rights Assistance (206) 448-5720

The King County Bar Association, Lawyer Referral Service, (206) 267-7010. You may use this service to find an experienced estate planning attorney. If you live outside King County, click on "frequently asked questions" to find phone numbers for lawyer referral services in other Washington counties.