This article explains how to complete the Will Information tab in the Testate Probate Opening Package.
Testacy exists when the decedent had a Will and you are asking the court to admit that Will as valid. The decedent may also have one or more codicils. Each codicil must be executed with the same formalities as a Will and must be separately admitted to probate.
This tab captures the essential details of the decedent’s testamentary documents. The information entered here populates the Petition for Probate, the Order Admitting Will to Probate, and related pleadings. It also determines what is required to properly prove the Will under Washington law and what additional waivers, consents, or notices may be necessary. Accuracy in this section directly affects how the Will is presented to the court.
Why This Tab Matters
The Will Information tab determines:
How the Will and any codicils are described in the Petition
Whether the Will is properly proved
Whether additional evidentiary steps are required
Whether lost Will allegations are included
Whether related testamentary documents are referenced
Whether additional notice obligations may arise
Incomplete or inaccurate entries can result in errors in the Petition or deficiencies in proof.
Information Added to This Tab
The Will Information tab:
Identifies the date and place of execution of the Will
Confirms witness information
Determines whether the Will is self-proving
Indicates whether the original Will is being filed
Captures information about codicils
Identifies whether a valid tangible personal property list exists
Notes the existence of nonprobate assets
These inputs shape the factual allegations in the Petition and the findings in the proposed Order.
Date of the Decedent’s Will
Enter the execution date shown on the face of the Last Will and Testament. This date will be referenced in the Petition and may be relevant for determining whether RCW 11.12.260 (separate writings for tangible personal property) applies. If codicils exist, each codicil will require separate entry and execution information.
Place of Signing (City, State)
Enter the city and state where the Will was executed. Execution location may affect the validity of attestation and the allegations included in the Petition.
Agile EP does not currently generate specialized language addressing foreign Wills or nonresident decedents with Washington property. Manual revision may be required in those circumstances.
Witness Information and Valid Execution
Enter the full legal names of the attesting witnesses. Washington execution requirements for a non-electronic Will are set forth in RCW 11.12.020, which requires:
Signature of the testator
Signing by two witnesses
Signing in the presence of each other and at the testator’s direction or request
The witness names entered here may be referenced in the Petition and may be necessary if proof of execution is required.
Washington law also recognizes “electronic presence” under RCW 11.02.005(5). Agile EP does not currently generate specialized language addressing electronic presence or electronic Wills. If electronic presence was used, the Petition may require manual revision.
Is the Will Self-Proving?
A Will (and each Codicil, if any) must be proved before it can be admitted to probate. Proof of execution may be established through a valid self-proving affidavit or declaration. These selections control how the Petition alleges proof of the Will.
- Select Yes if the Will includes a valid self-proving clause or contemporaneous affidavits or declarations that satisfy RCW 11.20.020. You will be prompted to identify the type of attestation referenced in the Petition (e.g., affidavits or declarations under penalty of perjury pursuant to RCW 5.50.050).
- Select No if the Will lacks self-proving documentation. In that case, witness testimony or declarations will be required for admission.
If “No” is selected, the system will prompt you to indicate how you intend to prove the Will. Agile EP provides structured options, including:
Filing declarations from both attesting witnesses, or
Filing a declaration from one witness who testifies to their own signature and to the validity of the other witness’s signature and the execution process.
Filing the Original Will
Indicate whether the original Will is available for filing.
- If the original Will is being filed, Agile EP will generate appropriate cover language and correspondence for submission to the court.
- If the original Will has been lost and only a copy is available, select the option indicating that a copy will be filed. Admission of a lost Will is governed by RCW 11.20.070.
Agile EP will include introductory language in the Petition regarding a lost but not revoked Will. However, the user must supply the specific factual allegations necessary to prove the lost Will.
If a lost Will is being submitted, advance notice or waivers related to admission of the lost Will may be required. Agile EP does not automatically generate waiver language specific to lost Will proceedings.
Codicils
If the decedent executed one or more codicils, select Yes. Select No if no codicils exist.
Each codicil must be separately entered and will require the same execution and proof information as the Will. Like a Will, each codicil must satisfy the execution requirements of RCW 11.12.020 and must be independently admitted to probate.
If one or more Codicils exist, each Codicil must be separately proved. If a Codicil is not self-proving, the same witness-proof selection process applies as described above for the Eill.
The system treats each Codicil independently for proof purposes. Be sure that your proof selection aligns with the execution status of each document.The Petition will reference each codicil, its execution date, and the basis for its proof.
Tangible Personal Property List (RCW 11.12.260)
Indicate whether the Will references a separate writing for disposition of tangible personal property under RCW 11.12.260. If such a list exists and is valid, select Yes. This affects the language in the Petition and may affect beneficiary disclosures and waivers. Select No if no valid list exists or if the Will does not incorporate one by reference.
Nonprobate Assets
Indicate whether the decedent had nonprobate assets. Under RCW 11.28.237, nonprobate beneficiaries must receive notice of the pendency of probate after appointment.
Nonprobate assets pass outside the Will by operation of law or contract. Washington defines nonprobate assets in RCW 11.02.005(13). Examples of nonprobate assets include:
Joint tenancy property with right of survivorship
Payable-on-death accounts
Transfer-on-death assets
Life insurance with designated beneficiaries
Retirement accounts
Living trust assets
Community property agreements with survivorship provisions
If nonprobate asset beneficiaries differ from heirs or beneficiaries under the Will, those parties should be entered in the Other Parties tab and categorized appropriately.