Washington Will and Trust Laws: Witnesses, E-Wills, Trusts (2026)

Under Washington law, any person of sound mind who is 18 or older may make a will (RCW 11.12.010), and the will must be in writing, signed by the testator (or by another person at the testator's direction) and attested by two or more competent witnesses who sign while in the testator's presence or, since January 1, 2022, electronic presence (RCW 11.12.020). No notary is part of that rule. Revocable living trusts are governed by Washington's own trust chapters, RCW 11.98 and RCW 11.103, rather than the Uniform Trust Code, and under RCW 11.103.030(1) a trust is revocable only if its terms expressly say so.

That last point is easy to miss, and it is one of several Washington rules covered here alongside the wills and trusts laws by state: Washington starts from the presumption that a trust cannot be revoked, so a trust meant to be revocable must say so. Washington is also a community property state, which limits what a married testator can leave by will.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Washington statutes on making, signing, proving, changing and revoking wills (RCW chapters 11.12 and 11.20), the divorce rule for nonprobate assets (RCW 11.07.010), and revocable living trusts (RCW chapters 11.98 and 11.103). It does not cover what happens when someone dies without a will or how estate administration works (see Washington probate), small-estate procedures (see the Washington small estate affidavit page), powers of attorney (see Washington power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Washington advance directive tool.

What makes a will valid in Washington?

Capacity comes from RCW 11.12.010: "Any person of sound mind who has attained the age of eighteen years may, by last will, devise all his or her estate, both real and personal." The section contains no exception for a married or emancipated minor.

The form comes from RCW 11.12.020(1):

"Except as provided in RCW 11.12.400 through 11.12.491, every will shall be in writing signed by the testator or by some other person under the testator's direction in the testator's presence or electronic presence, and shall be attested by two or more competent witnesses, by subscribing their names to the will, or by signing an affidavit that complies with RCW 11.20.020(2), while in the presence or electronic presence of the testator and at the testator's direction or request" (RCW 11.12.020(1))

Read with its definitions, the rule has four parts:

• A writing. The will must be in writing; the exception is the electronic-will subchapter discussed below.
• The testator's signature, or a signature by another. Someone else may sign for the testator, at the testator's direction and in the testator's presence or electronic presence. Under RCW 11.12.030, that person "shall subscribe his or her own name to such will and state that he or she subscribed the testator's name at his or her request," unless the testator approves the signature by making his or her mark on the will.
• Two or more competent witnesses. Each witness either subscribes his or her name to the will or signs an affidavit that complies with RCW 11.20.020(2).
• Presence and direction. The witnesses sign while in the testator's presence or electronic presence and at the testator's direction or request.

Section 11.12.020 does not require a notary, and it states that it "shall be applied to all wills, whenever executed, including those subject to pending probate proceedings" (11.12.020(2)).

Witnesses who take a gift under the will

Washington does not void a will because a beneficiary witnessed it. Under RCW 11.12.160(2), "A will or any of its provisions is not invalid because it is signed by an interested witness." The consequence falls on the gift. Unless at least two other subscribing witnesses are not interested, a gift to a subscribing witness "creates a rebuttable presumption that the witness procured the gift by duress, menace, fraud, or undue influence." If the witness fails to rebut it, the witness takes only so much of the gift as does not exceed the share he or she would receive if the will were not established (11.12.160(3)).

Wills signed in another state

The proviso to RCW 11.12.020(1) honors wills made elsewhere: a will "executed in the mode prescribed by the law of the place where executed or of the testator's domicile, either at the time of the will's execution or at the time of the testator's death, shall be deemed to be legally executed."

Witnessing by video: "electronic presence"

Since January 1, 2022, for paper wills as well as electronic ones, the witnesses and the testator do not have to be in the same room. RCW 11.02.005(5) defines electronic presence as "the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location."

When the testator and witnesses are in different places, section 11.12.020(1) lets the will be signed in counterparts: "Any will executed by a testator and witnesses who are not in the same physical location but in the electronic presence of one another in accordance with this section may be executed, attested, or acknowledged in counterparts, which together shall be considered a single document." The electronic-presence language was added to section 11.12.020 by Laws of 2021, chapter 140, section 1013, effective January 1, 2022.

Does a Washington will need to be notarized? Witness affidavits

A notary is not required for validity. What Washington offers instead is a way to prove the will without bringing the witnesses to court. Under RCW 11.20.020(2), any or all of the attesting witnesses may, at the testator's request or, after the testator's death, at the request of the executor or any person interested under the will, "make an affidavit before any person authorized to administer oaths, stating such facts as they would be required to testify to in court to prove such will." The affidavit "may be written on the will or may be affixed or logically associated with the will or a photographic copy of the will or an electronic will," and "The sworn statement of any witness so taken shall be accepted by the court as if it had been taken before the court."

Two practical points follow from the text. The affidavit can be made during the testator's life or after death, and under 11.12.020(1) a witness may attest the will by signing such an affidavit instead of subscribing his or her name to the will itself. Electronic wills have their own self-proving section, described below.

Are handwritten (holographic) wills valid in Washington?

Not when made under Washington's own execution rule. Section 11.12.020(1) requires every will other than an electronic will to be attested by two or more competent witnesses, and chapter 11.12 contains no exception for a will written in the testator's own hand. A handwritten will signed by two qualifying witnesses is valid like any other written will.

The foreign-execution proviso is the one route for an unwitnessed handwritten will: if it was executed in the way the law of the place of execution, or of the testator's domicile at signing or at death, prescribes, section 11.12.020(1) deems it legally executed in Washington.

A separate rule allows a handwritten note to direct tangible personal property. Under RCW 11.12.260, a will may refer to a writing that disposes of tangible personal property (other than property used primarily in trade or business) if an unrevoked will or trust refers to it, the writing "is either in the handwriting of, or signed by, the testator or grantor," and it describes the items and recipients with reasonable certainty. The writing may be made before or after the will. Under 11.12.260(4), the term does not include money, bank accounts, securities, documents of title or mobile homes.

Are oral (nuncupative) wills valid?

Only in narrow circumstances. RCW 11.12.025 allows a nuncupative will in two cases: a member of the U.S. armed forces or a person employed on a vessel of the U.S. merchant marine disposing of wages or personal property, and any person competent to make a will disposing of "personal property of the value of not to exceed one thousand dollars."

The same section attaches conditions: the will must be proved by two witnesses who were present when it was made, the testator must have asked someone present to bear witness that it was his or her will, and it must have been made "at the time of the last sickness of the testator." Proof is not received unless offered within six months after the words were spoken and unless the words or their substance were first committed to writing, and a citation must issue to the widow or heirs so they may contest it. "No real estate shall be devised by a nuncupative will."

Electronic wills in Washington

Washington has enacted the Uniform Electronic Wills Act: "RCW 11.12.410 through 11.12.491 may be known and cited as the uniform electronic wills act" (RCW 11.12.400). Under RCW 11.12.491, "RCW 11.12.400 through 11.12.490 apply to the electronic will of a decedent who dies on or after January 1, 2022." Under RCW 11.12.420, "An electronic will is a will for all purposes of the law of this state."

Signing an electronic will

RCW 11.12.440(1) sets three requirements. An electronic will must be:

1. "A record that is readable as text at the time of signing";
2. Signed by the testator, or by another individual "in the testator's name, in the testator's physical presence, and by the testator's direction"; and
3. "Signed in the physical or electronic presence of the testator and at the testator's direction or request by at least two competent witnesses" after the testator signs or after the testator acknowledges the signing or the will.

Note the difference in the second step: a proxy signer of an electronic will must be in the testator's physical presence, while a proxy signer of a paper will may act in the testator's presence or electronic presence. Under 11.12.440(2), the testator's intent that the record be his or her electronic will "may be established by extrinsic evidence."

An electronic will signed elsewhere may still qualify. Under RCW 11.12.430, a will executed electronically but not in compliance with 11.12.440(1) is an electronic will if executed in compliance with the law of the jurisdiction where the testator is physically located when the will is signed, or domiciled or resides when the will is signed or when the testator dies.

Self-proving and custody

An electronic will "may be simultaneously executed, attested, and made self-proving" if the witnesses' affidavits are affixed to or logically associated with it and "The qualified custodian maintains custody of the electronic will at all times following execution by the testator and witnesses" (RCW 11.12.450(1)). The affidavits must be made before an officer authorized to administer oaths or, if fewer than two attesting witnesses are physically present in the same location as the testator at signing, before an officer authorized under RCW 42.45.280, Washington's electronic records notary section (11.12.450(2)). Section 11.12.450 sets out the affidavit form; this page does not reproduce it.

Custody matters after death too. The qualified custodian must deliver the electronic will to the court or the named executor within 30 days after learning of the testator's death (RCW 11.12.470(1)). And under RCW 11.20.020(3), "An electronic will, the custody of which has not been maintained by a qualified custodian, must be treated as a lost or destroyed will under RCW 11.20.070."

No harmless-error rule

Chapter 11.12 contains no harmless-error or dispensing-power section of the kind some states use to save a will with a signing defect. The general direction in RCW 11.12.230 is that courts "shall have due regard to the direction of the will, and the true intent and meaning of the testator," and the only express extrinsic-evidence rule in the execution sections is the one in 11.12.440(2) for an electronic will.

Changing or revoking a Washington will

Methods of revocation

Under RCW 11.12.040(1), a will or any part of it can be revoked:

• "By a subsequent will that revokes, or partially revokes, the prior will expressly or by inconsistency"; or
• "By being burnt, torn, canceled, obliterated, destroyed, or a physical act, with the intent and for the purpose of revoking the same, by the testator or by another person in the presence and by the direction of the testator."

If someone other than the testator performs the act, "the direction of the testator and the facts of such injury or destruction must be proved by two witnesses." Revoking a will in its entirety revokes its codicils, "unless revocation of a codicil would be contrary to the testator's intent" (11.12.040(2)).

Reviving an earlier will

Under RCW 11.12.080(1), destroying or revoking a later will that wholly revoked an earlier one does not revive the earlier will "unless it was the testator's intention to revive it." Revoking a codicil works the other way: it revives the parts of a prior will the codicil would have revoked, "unless it was the testator's intention not to revive the prior will or part" (11.12.080(2)). Evidence of intent includes the revoking writing, "the circumstances of the revocation or contemporary or subsequent declarations of the testator" (11.12.080(3)).

Divorce and the will

Under RCW 11.12.051(1), if after making a will the testator's marriage or domestic partnership "is dissolved, invalidated, or terminated, all provisions in the will in favor of or granting any interest or power to the testator's former spouse or former domestic partner are revoked, unless the will expressly provides otherwise." The affected provisions are read as if the former spouse or partner died at the time the decree or declaration was entered. Remarriage to the former spouse, or reregistration of the domestic partnership with the former partner, revives them. Under 11.12.051(2), the section applies to decrees and declarations entered before, on or after January 1, 1995.

Divorce and beneficiary designations, trusts and other nonprobate assets

The will rule is not the whole story. RCW 11.07.010 applies to nonprobate assets held when a decree of dissolution, declaration of invalidity or termination of a state registered domestic partnership is entered. Under 11.07.010(2)(a), a provision made before that event "that relates to the payment or transfer at death of the decedent's interest in a nonprobate asset in favor of or granting an interest or power to the decedent's former spouse or state registered domestic partner, is revoked."

The list of nonprobate assets in 11.07.010(5)(a) includes a payable-on-death provision of a life insurance policy, employee benefit plan, annuity or similar contract, or individual retirement account, "unless provided otherwise by controlling federal law"; payable-on-death, trust and joint bank accounts; transfer-on-death designations and deeds; and "A trust of which the person is a grantor and that becomes effective or irrevocable only upon the person's death."

The rule does not apply, under 11.07.010(2)(b), to the extent that:

• the instrument governing the asset expressly provides otherwise;
• the decree or another court order requires the decedent to maintain a nonprobate asset for the former spouse or partner, the children, or another person, and no other nonprobate assets fulfilling that requirement exist at death; or
• the decedent could not have revoked the provision by unilateral action immediately after the decree, declaration or termination.

Federal law limits this rule for some plans. In Egelhoff v. Egelhoff, 532 U.S. 141 (2001), the U.S. Supreme Court considered this Washington statute ("A Washington statute provides that the designation of a spouse as the beneficiary of a nonprobate asset is revoked automatically upon divorce") and held that ERISA pre-empts it to the extent it applies to ERISA plans (see the wills and trusts hub for the federal layer).

Marriage and new children

A spouse or domestic partner the testator marries after making the will, and a child born or adopted after it, are protected by the omitted-heir sections described next.

Limits on what a Washington will can do

Community property. Under RCW 26.16.030, property acquired after marriage or registration of a domestic partnership, other than separate property under 26.16.010 and 26.16.020, is community property, and "Neither person shall devise or bequeath by will more than one-half of the community property" (26.16.030(1)).

Quasi-community property. Under RCW 26.16.230, "Upon the death of any person domiciled in this state, one-half of any quasi-community property shall belong to the surviving spouse or surviving domestic partner and the other one-half of such property shall be subject to disposition at death by the decedent." RCW 26.16.220 defines quasi-community property; it includes property the decedent acquired while domiciled elsewhere that would have been community property had the decedent been domiciled in Washington when it was acquired.

Omitted child. Under RCW 11.12.091, a child born or adopted after the will who is not named or provided for must receive a share equal to the intestate share, "unless it appears either from the will or from other clear and convincing evidence that the failure was intentional." The court may award a smaller share, "including no share at all," if clear and convincing evidence shows that is more in keeping with the decedent's intent (11.12.091(3)). A nominal interest does not count as providing for the child (11.12.091(2)(c)).

Omitted spouse or domestic partner. RCW 11.12.095 gives a spouse or domestic partner whom the decedent married or partnered after the will the intestate share on the same terms, and in deciding whether a smaller share fits the decedent's intent, the court may consider "the spouse's or domestic partner's property interests under applicable community property or quasi-community property laws" (11.12.095(3)).

Gifts to relatives who die first. Under RCW 11.12.110, unless otherwise provided, a gift by will to "any issue of a grandparent of the decedent" who dies before the decedent and leaves surviving descendants passes to those descendants.

No-contest clauses. Chapters 11.12, 11.98 and 11.103 contain no section on no-contest (in terrorem) clauses in wills or trusts. Washington courts hold that "no contest clauses are valid and enforceable," but such a clause "does not operate where the contest is brought in good faith and with probable cause" (In re Estate of Mumby, 97 Wn. App. 385 (1999), applying the rule to a living trust).

How the intestate shares mentioned above are calculated is covered on the Washington probate page.

After death: delivering the will

Under RCW 11.20.010, a person with custody of a will must deliver it "within thirty days after he or she shall have received knowledge of the death of the testator" to the court or to the person named as executor, and an executor holding a will must deliver it to the court within forty days. A person who willfully violates the section is liable to any party aggrieved for the resulting damages.

During life, a custodian who has not learned of the testator's death may file the original will under seal with any court having jurisdiction, and the testator may withdraw it on proper identification (RCW 11.12.265).

Revocable living trusts in Washington

Washington's trust statutes

Washington has not adopted the Uniform Trust Code. Trusts are governed by RCW chapter 11.98 and, for revocable trusts, chapter 11.103, whose creation and revocable-trust sections come from Laws of 2011, chapter 327. That act "applies to all trusts created before, on, or after January 1, 2012," except as otherwise provided, and its rules of construction and presumptions apply to trust instruments executed before January 1, 2012 "unless there is a clear indication of a contrary intent in the terms of the trust" (2011 c 327 s 40). Chapter 11.96A provides the nonjudicial and judicial procedures for "the resolution of disputes and other matters involving trusts and estates" (RCW 11.96A.010).

Creating a trust

Under RCW 11.98.011(1), a trust is created only if the trustor has capacity, "indicates an intention to create the trust," the trust has a definite beneficiary (or is a charitable, animal-care or permitted noncharitable purpose trust), the trustee has duties to perform, and the same person is not the sole trustee and sole beneficiary. RCW 11.98.008 allows a trust to be created by transferring property to a trustee during life or at death, by the owner's declaration that he or she holds identifiable property as trustee, or by exercising a power of appointment.

The creation sections do not require witnesses or a notary. Washington does not even require a written instrument in every case: "Except as required by a statute other than this title, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear, cogent, and convincing evidence" (RCW 11.98.014).

Capacity

Under RCW 11.103.020, "The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will."

Irrevocable unless the trust says otherwise

RCW 11.103.030(1) is short: "Unless the terms of a trust expressly provide that the trust is revocable, the trustor may not revoke or amend the trust." A trust intended to be revocable therefore has to say so in its terms.

For a revocable trust, section 11.103.030(3) sets the method. The trustor may revoke or amend it by substantial compliance with a method in the trust, or, if the trust provides no method or its method is not expressly exclusive, by:

• "A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust"; or
• "A written instrument signed by the trustor evidencing intent to revoke or amend."

Washington therefore lets a later will or codicil revoke or amend a revocable trust when the trust does not make its own method exclusive.

Others may act for the trustor only within limits. An agent under a power of attorney may exercise the trustor's powers to revoke or amend "only to the extent specified in the power of attorney document" and "to the extent consistent with or expressly authorized by the trust agreement" (RCW 11.103.030(5)), and a conservator may do so "only with the approval of the court supervising the guardianship" (11.103.030(6)).

Joint trusts and community property

When a revocable trust is created or funded by more than one trustor, and unless the trust agreement provides otherwise, section 11.103.030(2) provides that the community-property portion "may be revoked by either spouse or either domestic partner acting alone but may be amended only by joint action of both spouses or both domestic partners"; each trustor may revoke or amend the portion attributable to his or her own non-community contribution; the character of community or separate property is unaffected by its transfer into and out of the trust; and the trustee must promptly notify the other trustors of a revocation or amendment by fewer than all of them.

The trustee's duties while the trustor is alive

Under RCW 11.103.040, "While the trustor of a revocable trust is living, the rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the trustor."

Certification of trust

A trustee does not have to hand over the full trust instrument. Under RCW 11.98.075(1), "Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust," stating, among other things, that the trust exists and the date the instrument was executed, the trustor and current trustee, the trustee's relevant powers, and whether the trust is revocable and who holds a power to revoke it.

After the trustor dies: notice and the contest deadline

Within sixty days after accepting the trusteeship, a trustee must notify the qualified beneficiaries of the trust's existence, the trustor's identity, the trustee's contact information and their right to request information (RCW 11.98.072(2)(a)). That duty "applies only to irrevocable trusts created after December 31, 2011, and revocable trusts that become irrevocable after December 31, 2011," and may be waived or modified as the section provides.

The contest deadline is in RCW 11.103.050(1). A judicial proceeding to contest the validity of a trust that was revocable at the trustor's death must be started within the earlier of:

• "Twenty-four months after the trustor's death"; or
• Four months after the trustee sent the person a notice, by personal service, mail or a consented electronic transmission, that includes the name and date of the trust, the identity of the trustor or trustors, the trustee's name, address and telephone number, and "Notice of the time allowed for commencing a proceeding."

The trustee may distribute the trust property under its terms after the trustor's death unless the trustee knows of a pending contest, or a potential contestant has notified the trustee of a possible contest and starts a proceeding within sixty days after sending the notification (11.103.050(2)). A beneficiary of a trust later determined to be invalid "is liable to return any distribution received" (11.103.050(3)).

Pour-over wills

A will may leave property to the trustee of a trust under RCW 11.12.250 if "(1) the trust is identified in the testator's will and (2) its terms are evidenced either (a) in a written instrument other than a will, executed by the trustor prior to or concurrently with the execution of the testator's will or (b) in the will of a person who has predeceased the testator, regardless of when executed."

The gift "shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the testator's will or after the testator's death," and the property becomes part of the trust rather than a testamentary trust, unless the will provides otherwise. "Unless the will provides otherwise, an express revocation of the trust prior to the testator's death invalidates the gift," while any other termination of the trust does not.

A will may also incorporate by reference "any writing in existence when the will is executed" if the will shows the intent to incorporate it and describes it well enough to identify it; if the two conflict, "the will controls" (RCW 11.12.255).

Washington wills and trusts at a glance

Recent changes and dates to watch

• Laws of 2021, chapter 140. This act added the Uniform Electronic Wills Act (RCW 11.12.400 to 11.12.491), which applies when the testator dies on or after January 1, 2022, and, effective January 1, 2022, added "electronic presence" to the witnessing rule in RCW 11.12.020 (2021 c 140 s 1013).
• Electronic records notaries. The current text of RCW 42.45.280, the section an electronic will's self-proving affidavit refers to when fewer than two witnesses are physically present with the testator, is marked effective until January 1, 2027, when an amended version takes effect.

Making a will in practice

The site's free Washington will-maker tool can help draft a basic will. Whatever produces the document, signing must follow RCW 11.12.020 (or the electronic-will rules in 11.12.440), and the witness affidavit in RCW 11.20.020(2) is the route Washington law provides for proving a will without live testimony. Complex estates, community property questions, blended families, business interests or tax concerns are reasons to consult a lawyer licensed in Washington. The tool is not legal advice.

Related pages

• Wills and trusts laws by state
• Washington probate
• Washington small estate affidavit
• Washington power of attorney laws

This article provides general legal information about Washington law on wills and revocable trusts as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Washington.

Last updated: 2026-10-20.

Frequently Asked Questions

How many witnesses does a will need in Washington?

Two or more competent witnesses, who sign the will or an affidavit under RCW 11.20.020(2) while in the testator's presence or (since January 1, 2022) electronic presence and at the testator's direction or request (RCW 11.12.020(1)). A will executed as required where it was signed, or where the testator was domiciled, is also treated as validly executed.

Does a will have to be notarized in Washington?

No. RCW 11.12.020 does not require a notary. Attesting witnesses may sign affidavits before a person authorized to administer oaths, and the court accepts those sworn statements as if taken in court (RCW 11.20.020(2)).

Is a handwritten will valid in Washington?

Only if it meets the two-witness rule in RCW 11.12.020(1), which has no exception for handwriting, or if it was executed as required by the law of the place where it was signed or of the testator's domicile at signing or at death.

Can witnesses sign a Washington will over video?

Yes, since January 1, 2022. RCW 11.12.020(1), as amended effective that date, allows witnesses to sign in the testator's electronic presence, meaning real-time communication from different locations as if physically present (RCW 11.02.005(5)), and allows a will executed that way to be signed in counterparts.

Are electronic wills valid in Washington?

Yes, under the Uniform Electronic Wills Act (RCW 11.12.400 to 11.12.491), which applies to the electronic will of a decedent who dies on or after January 1, 2022. The will must be readable as text, signed by the testator and signed by at least two competent witnesses in the testator's physical or electronic presence (11.12.440).

Are oral wills valid in Washington?

Only in narrow cases under RCW 11.12.025, such as personal property worth no more than $1,000 disposed of during the testator's last sickness, proved by two witnesses, committed to writing and offered within six months, with the other conditions in that section. No real estate can pass by an oral will.

Does divorce revoke a will in Washington?

Divorce, invalidation of the marriage or termination of a domestic partnership revokes the will's provisions for the former spouse or partner unless the will expressly provides otherwise (RCW 11.12.051). A separate rule with exceptions, RCW 11.07.010, covers beneficiary designations and certain trusts, and federal law pre-empts it for ERISA plans (Egelhoff v. Egelhoff, 532 U.S. 141 (2001)); see the divorce section.

Is a living trust revocable in Washington?

Only if its terms expressly say so. Under RCW 11.103.030(1), unless the terms of a trust expressly provide that it is revocable, the trustor may not revoke or amend it.

How long do you have to contest a revocable trust in Washington?

Under RCW 11.103.050, within the earlier of 24 months after the trustor's death or 4 months after the trustee sends the notice that section describes.

Can a spouse be left out of a will in Washington?

A spouse's community property interest limits the will: neither spouse may leave more than one-half of the community property by will (RCW 26.16.030(1)), and half of any quasi-community property of a decedent domiciled in Washington belongs to the survivor (RCW 26.16.230). A spouse or domestic partner married after the will may also take an intestate share as an omitted spouse under RCW 11.12.095, unless the omission was intentional or a court finds on clear and convincing evidence that a smaller share fits the decedent's intent.