Estate Tax Planning Strategies for Washingtonians

This guide is for informational purposes only and does not constitute legal or tax advice. Clients should consult a qualified estate-planning attorney before implementing any strategy.

Strategy

Reduces WA Estate Tax

Retain Access?

Revocable?

Asset Protection

Complexity

Best Use Case

Bypass Trust (Credit Shelter Trust)

Partial (HEMS)

1

Some

Low

Married couples near / above $3 M

SLAT (Spousal Lifetime Access Trust)

Via spouse

Medium

Proactive gifting, HNW clients

Lifetime Gifts

Varies

Low

Gradual transfers; remove appreciation

ILIT (Irrevocable Life Insurance Trust)

Medium

Large life-insurance proceeds3

GRAT (Grantor Retained Annuity Trust)

 Annuity income

Some

Medium

High-growth assets, low §7520 rate

QPRT (Qualified Personal Residence Trust)

 Residence use

Some

Medium

Primary / vacation home owners

FLP / Family LLC Family Limited Partnership / LLC

 Manager control

Medium

Business / investment assets

CRT Charitable Trust

Income stream

High

Charitable & tax-efficient giving

Change Domicile

2

Medium

Relocation to no-tax state

1 Credit Shelter (Bypass) Trust: Established under a revocable plan (typically a joint revocable living trust or will) that can be amended or revoked while both spouses are alive. The bypass trust itself becomes irrevocable at the first spouse’s death when it is funded; from that point the surviving spouse generally has limited access (e.g., HEMS standard) and cannot change remainder beneficiaries.

2 Nonresidents & WA-situs property: Changing domicile can reduce or eliminate WA estate tax for non-WA residents, but nonresidents’ Washington real estate and tangible personal property may still be subject to WA estate tax. Intangibles (e.g., marketable securities) are generally taxed by the state of domicile. Review WA DOR apportionment rules when owning WA-situs assets.

3 Three-year rule (life insurance/retained interests): Completed lifetime gifts reduce the WA estate (WA has no gift tax). However, certain transfers can be included in the federal gross estate if the decedent dies within three years—most notably, transferring an existing policy to an ILIT (IRC §2035/§2042). Best practice is for the ILIT to acquire a new policy, or ensure the insured survives three years after an existing policy transfer.