Electronically filing and storing wills in King County has now arrived! As of May 16, 2024, in compliance with the Electronic Wills Act, the King County Superior Court Clerk’s Office is now able to act as a Will Repository alternative and may accept the filing of wills with an electronic signature, including “Will Only” filings following the death of a testator. This progressive approach simplifies the will storage process for Washington residents, while also allowing the King County Superior Court Clerk’s Office to serve as a “qualified custodian of an electronic will” to make storage of an original will a breeze. See also RCW 11.12.460(1)(e).
One of the main benefits of electronically filing a will is the immediate and secure storage it provides. The King County Clerk will now accept, seal, and store a will in their Will Repository, and no one will have access to it while the depositor is still living unless they have a court order. Traditional paper wills can be lost, damaged, or tampered with, but an electronically filed will is securely stored in a digital format, reducing these risks significantly. Additionally, electronic filing allows for quicker updates and amendments, ensuring that the will reflects the testator’s most current wishes without the delays that may be associated with paper wills. Even if a will is still only in paper format and does not conform with the Electronic Wills Act, it can still be filed with the King County Superior Court Clerk’s Office for safekeeping; however, it must be filed either in person or through the mail.
All one must do to store their paper will in the King County Superior Court Clerk’s Office is to fill out the Will Repository Cover Sheet, available on the clerk’s website, bring the completed cover sheet along with the original will to the Clerk’s Office, and pay a $20.00 filing fee. Or, to file a will electronically, prepare the Will Repository Cover Sheet online, submit the electronic will and cover sheet through the eFiling portal, and pay the $20.00 fee online. Additionally, if a testator later creates a codicil, the codicil may be added to an existing will repository record for no additional fee. There is also no additional fee to withdraw a will from the Clerk’s will repository, and it’s an easy process to retrieve a will when updating it. However, if an updated will is deposited with the will repository, another $20.00 fee is required. The King County Superior Court Clerk’s Office keeps track of all deposited wills by only listing the testator’s name and date of birth, and the will itself will remain sealed unless or until the testator requests to remove it.
As King County leads the way to modernizing estate planning practices, Washingtonians can take advantage of this efficient, secure, and accessible method to ensure their final wishes are honored. This shift not only reflects the growing role of technology in the legal process but also marks a significant step towards a more streamlined and reliable estate planning process in Washington.