Estate Planning for Homeowners in Washington: Secure Your Legacy and Protect Your Property
Owning a home in Washington is one of life’s major milestones—and one of your biggest assets. But if you haven’t created a solid estate plan, your property could end up tangled in court, burdening your loved ones. At the Law Offices of Christopher A. Benson, we’ve helped hundreds of Washington homeowners create smart, legally sound estate plans that protect their family, their property, and their peace of mind.
Estate planning has become an important news matter in recent years. Here is a recent article published by AARP concerning the importance of estate planning for homeowners. Understanding the Importance of Will & Estate Planning
Another article published by Forbes recognizes the importance of an estate plan for while your are alive and after you pass away: Forbes: Importance of Estate Planning
Whether you own a single-family home in Washington, Oregon, Idaho or Arizona, your real estate is part of your estate. Without proper planning, your property may be subject to:
Probate delays and expenses
Unwanted distribution to distant relatives
Forced sales or court-appointed management
Family disputes and legal battles
A comprehensive estate plan gives you—not the courts—the final say over your home, your finances, and your legacy.
In Washington, if you die without a will (intestate), your home doesn’t automatically pass to your spouse or children. Your estate goes through the probate court, where the intestate laws of your state determine who are you beneficiaries—not your personal wishes.
Probate can be:
Time-consuming (often 6–12 months)
Public (your information becomes court record)
Costly (court fees, attorney fees, personal representative fees)
If you want to keep control and privacy, estate planning is essential.
Avoid probate entirely by transferring your home into a revocable living trust. This allows for:
Seamless transfer to heirs
Full control while you’re alive
Privacy and speed after you pass
A will names who receives your home and who should manage your estate. While it doesn’t avoid probate, it gives the court clear instructions and can reduce family disputes.
Washington and Arizona allow you to file a TOD deed, naming a beneficiary who inherits your home directly without probate—but this must be done precisely to be valid. typically, our firm does not recommend this approach because it can cause “chain of title” issues for a refinance, future sale, or an unintended consequence when someone dies. Typically, we recommend transferring the real estate into a revocable living trust instead to maintain flexibility, hedge against someone being alive but becoming medically incapacitated as well as avoiding probate upon death. A revocable living trust is a more complete estate planning solution.
If you become incapacitated, this document lets someone you trust handle financial matters for accounts that are not titled in the name of your trust.
Though not tied to real estate, they complete your plan—ensuring you stay in control of your medical care as well.
Washington is a community property state, meaning your spouse automatically owns half of any property acquired during marriage. But that doesn’t mean probate is off the table.
Without proper planning:
Your half of jointly-owned real estate may still go through probate.
Stepchildren and blended families can create legal conflict.
Surviving spouses may have to sell the home to pay estate debts.
An estate plan can protect the surviving spouse, ensure kids from previous marriages are treated fairly, and simplify the entire process.
❌ Thinking a will avoids probate (it doesn’t)
❌ Failing to update deeds and beneficiary forms
❌ Not planning for incapacity
❌ Assuming joint ownership solves everything
❌ Using online forms that don’t follow WA law
✅ Avoid court costs and delays
✅ Maintain privacy for your family
✅ Ensure your home stays in the right hands
✅ Provide financial stability for your loved ones
✅ Appoint someone you trust to manage things
Laws vary by state—and so do real estate rules. At the Law Offices of Christopher A. Benson, we’ve been guiding Washington families for over 30 years. We know the ins and outs of county deed requirements, property tax laws, and probate shortcuts that national legal sites overlook.
We offer personalized consultations—either in person or over Zoom—to help you get started. You’ll walk away with a clear, customized plan that fits your family, your home, and your future.
👉 Schedule your Estate Planning Consultation Today
📞 Call (253) 815-6940 or Contact Us Online www.cbenson.com
If you want to avoid probate and pass your property smoothly, yes—a living trust is often the best solution for homeowners.
If it’s titled only in your name and you don’t have a trust or TOD deed, yes—it will go through probate.
Yes. A living trust allows you to live in the home for life while naming them as future beneficiaries.
Compared to the cost of probate or family conflict, estate planning is one of the best financial decisions a homeowner can make.
We handle estate planning for clients who are residents of Washington, Oregon, Idaho and Arizona.
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