Living Trust in Washington State: Costs, Probate, and How to Set One Up
Quick answer: A living trust in Washington State typically costs about $1,500 to $3,500 for one person when an attorney drafts it, or a flat $299 online with 299Trust. When assets are properly titled in the trust, it can let a family avoid Washington probate for those assets. Washington probate is simpler than in many states, but it still means a court filing ($290 in King County), a creditor period of at least four months, and fees that commonly add up to thousands of dollars. This guide covers what each option costs, what Washington law requires, and how a Washington trust is generally set up.
This guide was put together from the Revised Code of Washington, Washington Department of Revenue tables and King County fee schedules, checked in November 2026. It is general education, not legal advice.
Washington Living Trust Facts at a Glance
Attorney-drafted trust: about $1,500 to $3,500 for one person, $2,500 to $4,500 for a couple (typical estimates, not quotes).
299Trust: $299 for an individual or $399 for two people sharing one trust, one time.
Probate filing fee: state law sets a $200 base fee and counties add surcharges. King County charges $290.
Creditor period: at least four months after the first published notice to creditors.
Small estate affidavit: available when the probate estate is $100,000 or less, after 40 days.
State estate tax: yes. The exclusion is $3,000,000 for deaths from July 1, 2026 on.
Community property: Washington is a community property state, which affects how married couples set up a joint trust.
How Much Does a Living Trust in Washington State Cost?
The price depends mostly on who creates the documents. There are three common routes.
Washington estate planning attorney: about $1,500 to $3,500 for an individual and $2,500 to $4,500 for a couple, based on the estimates in our living trust cost guide by state. Our cost guide rates Washington costs as above average. The price usually includes custom drafting and meetings.
Online platforms: usually a few hundred dollars. Some add a yearly subscription.
299Trust: $299 for one person or $399 for two people sharing one trust, paid once with no subscription. You answer a short online questionnaire and create your own Washington documents with the self-help software, usually emailed within minutes.
Two smaller costs come up with any route. A notary usually charges a modest fee per signature. Moving a home into the trust means recording a new deed with the county. For example, King County charges $303.50 for most documents, plus $1 for each extra page. A transfer into a revocable trust is exempt from Washington's real estate excise tax under WAC 458-61A-211, although a real estate excise tax affidavit generally still has to be filed with the deed (WAC 458-61A-303).
New to trusts? Our guide to what a living trust is and how it works covers the basics.
What Does Probate Cost in Washington Without a Trust?
Washington probate is simpler than in many states, mainly because of nonintervention powers (explained below). It is still a court case that costs money and takes months.
Court costs
Opening a probate case requires a filing fee. RCW 36.18.020 sets a $200 base fee for probate proceedings, and counties add surcharges. In King County the total is $290 to file a probate case, plus $5 for each set of letters testamentary or letters of administration.
Personal representative and attorney fees
Washington does not set a fixed percentage. Under RCW 11.48.210, the personal representative and the estate's attorney receive compensation the court finds "just and reasonable," paid from the estate. In practice this is often billed hourly, and our cost guide estimates total Washington probate costs at about 2% to 5% of the estate.
How long Washington probate takes
Creditors generally have four months after the first published notice to present claims (RCW 11.40.051). If no notice is given, the window stays open for 24 months after death. That is why even a simple Washington probate usually lasts at least four months and many take longer.
Why Washington probate is simpler than most
Washington allows a personal representative to ask for "nonintervention powers" (RCW 11.68.011). When the estate is solvent and the court grants them, the personal representative can sell property and settle the estate without returning to court for each step. This can make probate faster and less costly than in states that require court approval for each step. It does not remove the filing, the public court record, the creditor period, or the fees.
See the numbers for a Washington estate with our probate cost calculator by state.
Example: A $700,000 Estate in King County
Take a hypothetical Seattle-area homeowner whose estate is worth $700,000, mostly the house plus savings, with no trust. Using the 2% to 5% range, probate could cost the family roughly $14,000 to $35,000 in total, including the $290 filing fee, and take at least four months.
The same person could set up a living trust in Washington for $299 ($399 for a couple), plus about $303.50 to record the deed moving the home into the trust in King County. For assets titled in the trust, the successor trustee can generally handle the transfer without opening a probate case. Every estate is different, so these figures are estimates for illustration only.
When Can a Washington Estate Skip Probate?
Some Washington estates never need a full probate case. These are the main routes under Washington law.
Small estate affidavit. When the probate estate is worth $100,000 or less (not counting the surviving spouse's or domestic partner's community property share), a successor can collect personal property such as bank accounts with a sworn affidavit, starting 40 days after death (RCW 11.62.010). A home in Washington usually puts an estate well over this limit.
Community property agreement. Married couples and registered domestic partners can sign a written agreement about the status or disposition of their community property, taking effect at the death of either of them (RCW 26.16.120). It must be signed and acknowledged the way a deed is. A community property agreement generally passes community property to the surviving spouse; it typically does not name who inherits after the survivor's death or address incapacity.
Transfer on death deed. A homeowner can name who receives a property at death, but the deed must be recorded with the county auditor before the owner dies (RCW 64.80.060). It covers only that property and does nothing if the owner becomes unable to manage their affairs.
Beneficiary designations and joint ownership. Retirement accounts, life insurance, and payable-on-death or survivorship accounts generally pass outside probate.
A living trust can bring these pieces into one plan: it covers every asset placed in it, names who manages them if the owner can't, and generally keeps the details out of the public court file.
Washington Rules That Matter When Setting Up a Trust
The trust must say it is revocable
Under RCW 11.103.030, a trust cannot be revoked or amended unless its terms expressly say it is revocable. A revocable living trust is written to say so, which is what lets the owner change or cancel it later.
Joint trusts and community property
The same statute says that putting community property into a revocable trust does not change its character as community or separate property. Unless the trust says otherwise, either spouse or domestic partner acting alone can revoke the trust as to community property, but amending it takes both. For couples, this means a joint trust works alongside Washington's community property rules rather than replacing them.
Banks can rely on a short certification
Washington lets a trustee give a bank or title company a certification of trust instead of the full document (RCW 11.98.075). It confirms the trust exists and who the trustee is without revealing who inherits what.
How Do You Set Up a Living Trust in Washington State?
Setting up a living trust in Washington generally follows these steps. Some people work with an attorney and others use an online service; our article on whether you can set up a trust without an attorney compares the two.
List the assets. The home, bank and brokerage accounts, vehicles, and any rental or vacation property, including property in other states.
Choose a successor trustee and a backup. This person takes over at death or if the owner can't manage their affairs. Our guide explains what a successor trustee does.
Create the trust documents. A revocable living trust expressly states that it is revocable; under Washington law a trust is not revocable unless its terms say so.
Sign the documents. Signing in front of a notary is standard practice for a trust. The will that goes with it needs two witnesses under RCW 11.12.020.
Fund the trust. Record a new deed moving the Washington home into the trust with the county, along with the real estate excise tax affidavit claiming the revocable trust exemption, and retitle accounts. Our guide to funding a living trust walks through each asset type.
Keep beneficiary forms in line. Retirement accounts and life insurance follow their own beneficiary designations, so those forms should match the overall plan.
Common Mistakes With Washington Living Trusts
Not funding the trust. Signing the trust is only half the job. Assets never retitled into it may still go through probate.
Using a trust that doesn't say it is revocable. In Washington, a trust is not revocable unless its terms expressly say so.
Forgetting the deed or the excise tax affidavit. Moving a Washington home into the trust generally takes a new deed, and the deed is recorded with the county along with the excise tax affidavit.
Relying only on a community property agreement. It generally passes community property to the surviving spouse, but it typically does not name who inherits after the survivor's death or address incapacity.
Expecting tax savings. A revocable living trust does not by itself reduce Washington estate tax or federal estate tax.
Never updating the plan. Marriage, divorce, a new child, or a move can make an old plan out of date. A revocable trust can be amended.
Does Washington Have an Estate Tax?
Yes. Washington is one of the few states with its own estate tax. According to the Washington Department of Revenue, the exclusion amount is $3,000,000 for deaths from July 1, 2026 on, and a return is required when the gross estate is above the filing threshold. For deaths from July 1, 2026, the rates on the taxable amount run from 10% to 20%, after a short period of higher rates for deaths between July 1, 2025 and June 30, 2026.
A revocable living trust does not reduce this tax by itself, because assets in the trust still count as part of the owner's estate. Many Washington households are below the exclusion, so for them a trust is about avoiding probate, privacy, and incapacity planning rather than taxes. For 2026, the IRS basic exclusion amount for the federal estate tax is $15 million per person. Families near the Washington threshold often talk with a licensed attorney about tax planning.
Is a Living Trust Worth It in Washington State?
It depends on each person's situation. Because Washington probate is relatively streamlined, the case for a trust here rests less on avoiding a long court process and more on cost, privacy, and control. A living trust tends to be most useful for people who:
Own a home in Washington, which usually puts the estate over the $100,000 small estate limit.
Own property in another state, which can mean a separate probate case there.
Have minor children and want to nominate a guardian and name a trustee to manage what they inherit.
Want privacy, since probate filings are public court records.
Want a plan for incapacity, so a successor trustee can generally manage trust assets without a court-appointed guardian.
People who rent, have modest savings, and name beneficiaries on every account may find that a will covers their needs. Married couples sometimes weigh a community property agreement against a trust. A licensed Washington attorney can help evaluate a specific situation.
Frequently Asked Questions
Does a living trust in Washington State need to be notarized?Signing the trust in front of a notary is standard practice, and banks and title companies usually expect it. A deed moving a home into the trust must be acknowledged before a notary under RCW 64.04.020.
Is a will still needed with a living trust?Most trust-based plans include a pour-over will. It moves anything left outside the trust into it, and it is where a guardian for minor children is nominated. Learn more about the pour-over will.
Is there tax when a house is moved into a living trust in Washington?A transfer into a revocable trust is exempt from Washington's real estate excise tax under WAC 458-61A-211. The county recording fee still applies.
Can a married couple share one trust in Washington?Yes. Couples often use one joint trust. Under Washington law, community property keeps its character inside a revocable trust, and amendments to community property in the trust generally take both spouses.
Is 299Trust a law firm?No. 299Trust is self-help software. It is not a law firm, does not employ attorneys, and does not give legal advice. Complex situations are best reviewed with a licensed Washington attorney.
Next Steps
Every 299Trust plan includes six documents: Last Will & Testament (includes guardianship nominations for minor children), Revocable Living Trust, Medical Power of Attorney, Durable Financial Power of Attorney, Final Wishes Document, and Advance Healthcare Directive. See what each document does, or compare the $299 and $399 plans. Questions about the website or process? Call 877-560-3222.
Disclaimer: This article is provided for general educational and informational purposes only and does not constitute legal advice. 299Trust is not a law firm and does not provide legal representation. Laws vary by state, and individual circumstances may require consultation with a licensed attorney.
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