Washington Code 11.12.440 – Electronic wills — Execution — Procedure
Current as of: 2023 | Check for updates
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(1) Subject to RCW 11.12.450(4), an electronic will must be:
Terms Used In Washington Code 11.12.440
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Washington Code 11.02.005
- Electronic presence: means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location. See Washington Code 11.02.005
- Electronic will: means a will or codicil executed in compliance with RCW 11. See Washington Code 11.02.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Washington Code 11.02.005
- Testator: A male person who leaves a will at death.
(a) A record that is readable as text at the time of signing under (b) of this subsection;
(b) Signed by:
(i) The testator; or
(ii) Another individual in the testator’s name, in the testator’s physical presence, and by the testator’s direction; and
(c) Signed in the physical or electronic presence of the testator and at the testator’s direction or request by at least two competent witnesses after:
(i) The signing of the will under (b) of this subsection; or
(ii) The testator’s acknowledgment of the signing of the will under (b) of this subsection or acknowledgment of the will.
(2) Intent of a testator that the record under subsection (1)(a) of this section be the testator’s electronic will may be established by extrinsic evidence.
NOTES:
Effective date—2021 c 140 §§ 1001-1016: See note following RCW 11.12.400.