When it comes to transferring property after someone passes away, a valid will can make all the difference. For real estate professionals and their clients, understanding how wills impact real estate transactions can help avoid costly delays, probate issues, or even title defects. At Land Title Company, we often work with wills during the title and escrow process — and when those documents are missing or invalid, transactions can quickly get complicated.
What Is a Will — and Why Does It Matter for Real Estate?
A will is a legal document that outlines how a person’s assets — including real estate — should be distributed after they pass away. It may also name an executor, the person responsible for settling the estate.
If a property owner dies with a valid will, their real estate can typically be transferred according to that will, often after going through probate. But if the will is invalid or there is no will at all (called dying intestate), the process becomes more complex. State laws then dictate how property is distributed, which can lead to delays, disputes, or unintended heirs.
What Makes a Will Valid?
While requirements vary by state, in Washington, a valid will generally must:
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Be in writing
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Be signed by the person creating the will (the testator)
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Be witnessed by two competent adults who are not beneficiaries
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Show the testator was of sound mind and acting voluntarily
A handwritten will (called a holographic will) is not valid in Washington unless it meets all the above requirements — including proper witnessing.
What Makes a Will Invalid?
Common issues that can render a will invalid include:
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Missing or improper witness signatures
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Undue influence or coercion
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Lack of mental capacity
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Errors in execution
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Outdated or revoked documents
From a title company’s perspective, an invalid will can stall a real estate closing or require a probate court ruling to confirm ownership before a sale can proceed.
Who Can Prepare a Will?
While anyone can write a will, it’s best prepared by a licensed attorney. Online templates may be convenient but often miss key legal formalities — especially when it comes to real estate. A valid will must clearly identify the property and designate who inherits it.
Encourage your clients to consult an estate planning attorney, especially if they own real estate. A professionally prepared will helps protect their wishes and their heirs.
How Title and Escrow Use Wills in a Real Estate Transaction
When a seller is deceased, the title and escrow team may review the will (and other estate documents) to determine:
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Who has legal authority to sell the property
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Whether the title is clear and insurable
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If probate has been opened and completed, or if an alternative process like a small estate affidavit applies
A valid will can streamline the process. An unclear or absent will? That can mean probate court, delays, or legal hurdles.
How Real Estate Brokers Can Help
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Ask early if a property is part of an estate
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Encourage sellers and buyers to consult estate planning professionals
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Partner with a title company experienced in handling estate-related transactions
At Land Title Company, we work hand-in-hand with brokers, attorneys, and families to ensure that real estate transfers tied to a will are handled with care and clarity.
A well-prepared, valid will isn’t just a personal planning tool — it’s a crucial part of real estate legacy planning. It helps prevent disputes, ensures smooth title transfers, and makes the transaction easier for everyone involved.
Have questions about how a will might affect a transaction? Reach out to our expert title and escrow team — we’re here to help.
Sources and Resources:
Source: Washington State Legislature – RCW 11.12.020
Link: https://app.leg.wa.gov/RCW/default.aspx?cite=11.12.020
Source: Washington State Bar Association – Estate Planning FAQs
Link: https://www.wsba.org/for-the-public/find-legal-help/free-legal-information/estate-planning
Source: Washington Law Help – What is Probate?
Link: https://www.washingtonlawhelp.org/resource/what-is-probate
Source: American Bar Association – Making a Will
Link: https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/wills/
