The Great Washington State Estate Planning Debate: Wills vs. Revocable Living Trusts

When residents of the Evergreen State begin organizing their affairs, they quickly encounter the most common divide in Washington State estate planning: utilizing a revocable living trust to avoid probate versus relying on a simpler will that goes through the probate process.

This is not a political debate, but rather a practical, everyday discussion among families, financial professionals, and attorneys. Washingtonians often find themselves firmly split into two camps regarding whether the upfront cost and effort of a trust are truly worth it, or if a traditional will is perfectly sufficient.

Here is a closer look at why this debate is so prominent in Washington and the different factors driving both sides.

The Washington Context: A Client-Friendly Probate System

To understand why this is the top issue, it helps to look at how Washington handles estates. Unlike states such as California, where probate can be notoriously lengthy and expensive, Washington boasts one of the more streamlined (if not the most), client-friendly probate systems in the country.

Many Washington estates qualify for what is known as "non-intervention" probate. In this system, the court grants the personal representative (or executor) broad powers to settle the estate with minimal ongoing judicial oversight. Because the process is relatively fast, low-cost, and straightforward, the decision to actively avoid probate through a trust is less obvious here than it might be elsewhere.

The Case for Revocable Living Trusts (Avoiding Probate)

For those in the "pro-trust" camp, the primary goal is keeping the estate entirely out of the court system. Proponents of revocable living trusts often highlight several key benefits:

• Total Privacy: Unlike wills, which become public record once filed with the court, trusts remain private. The details of the assets and the identities of the beneficiaries are kept out of the public eye.

• Speed and Efficiency: Without the need to wait on court scheduling or mandatory waiting periods, assets can often be distributed to heirs faster.

• Incapacity Planning: Trusts offer a seamless way for a successor trustee to manage assets if the creator becomes incapacitated during their lifetime, avoiding the need for a court-appointed guardianship.

• Complex Situations: Trusts are highly favored for those who own out-of-state real estate (which would otherwise trigger a secondary probate in that state), individuals in blended families, or those who simply want to minimize administrative stress for their grieving loved ones.

The Case for Simpler Wills (Embracing the Probate Process)

On the other side of the debate are those who advocate for avoiding over-complication. The "pro-will" camp (includes many attorneys) argues that because Washington's probate process is not a massive burden, a simple will is often the most sensible route.

• Lower Upfront Costs: Creating a basic will is generally much cheaper and simpler to set up than drafting a comprehensive trust document.

• Less Ongoing Maintenance: A trust is only effective if it is properly "funded"—meaning assets must be formally retitled into the name of the trust. This requires ongoing diligence throughout the creator's life.

• The Catch-All Reality: Legal professionals frequently note that poorly funded trusts often end up requiring probate anyway to capture leftover, un-retitled assets, negating the primary benefit of the trust.

Other Notable Estate Planning Divides in Washington

While the Will vs. Trust debate takes center stage, two other WA-specific topics that frequently spark debate:

Community Property Agreements (CPAs)

For married couples, Washington offers Community Property Agreements, a tool that allows all assets to pass automatically to the surviving spouse without probate upon the first death.

• The Divide: CPAs are incredibly popular for their sheer simplicity in straightforward marriages. However, they can be problematic for blended families, larger estates that require tax planning, or situations involving long-term care needs, as the first spouse to pass loses any control over where the assets ultimately go after the second spouse dies.

The Washington State Estate Tax

Washington is one of the few states with its own stand-alone estate tax. As of 2025, the state exemption is $3 million per person, with higher tax rates applied to amounts over that threshold.

• The Divide: For estates approaching or exceeding this number, there is a constant debate over how much complexity a family is willing to endure to achieve estate tax savings, often involving specialized trusts utilized at the passing of the first spouse.

The Bottom Line

Estate planning in Washington is not one-size-fits-all. For smaller, straightforward estates with local assets and a unified family dynamic, many find that a traditional will and Washington's non-intervention probate process are perfectly sufficient. Conversely, for larger estates, complex family structures, or those prioritizing absolute privacy, trusts frequently win out.

Because the right choice is heavily dependent on specific assets, family dynamics, and individual risk tolerance, individuals exploring their options often consult with an estate planning attorney to weigh these personalized pros and cons.

As always, speak to an attorney first.