Personal property memo: who gets the things that matter

Some of the things that matter most are worth very little money. Your mother's quilt. The recipe box with her handwriting. The watercolor from the trip to Maine. Many people keep notes about these in a legacy binder, a folder of wishes and stories for the family.

A note in a binder is lovely, but it may not be legally binding. A personal property memo is the version that can count. It's one page of your care plan that says who gets which belongings, and it can be changed without redoing your will.

What is a personal property memo?

It's a written list, separate from your will, that says who should receive specific belongings. People also call it a tangible personal property memorandum, or a separate writing.

The idea is simple. Your will stays the same for years. The list can change when you give the piano away or a grandniece falls in love with the brooch.

State rules differ. Washington allows one, under RCW 11.12.260, so it's our worked example here. If you live elsewhere, check your state's rule before relying on one.

When does the memo count in Washington?

Under RCW 11.12.260, the list is effective only if three things are true:

1. Your will or trust refers to it. The will, or a trust that becomes irrevocable at or before your death, has to mention a separate writing. The will or trust must not be revoked.
2. It's in your handwriting, or signed by you. Either works. A typed list you sign is fine.
3. It describes the items and the people with reasonable certainty. Someone reading it later has to know exactly what and exactly who.

When those are met, the statute says the list takes effect as if it were written into the will or trust itself. That's what gives a simple page real weight.

You can write it later and change it often

The memo can be written before or after your will or trust (RCW 11.12.260). You can make later changes, as long as each one is in your handwriting or signed.

If two versions disagree, the most recent one controls. So date every version, and keep the newest one with your will.

What can go on the memo, and what can't?

The Washington statute covers tangible personal property: things you can hold. It leaves out some items that feel like belongings but aren't treated that way.

Source for both columns: RCW 11.12.260.

The statute also says the memo only covers items not otherwise specifically given away. If your will already leaves the ring to your niece, the will handles the ring.

Money and accounts belong in the will or trust itself. If you want your nephew to have $5,000, say it there, not on the list.

How to write one that works

The rule that trips people up is "reasonable certainty." The fix is to describe things the way you'd describe them to a stranger.

Describe each item clearly

• Not "my jewelry," but "my gold locket engraved with the letter R."
• Not "the painting," but "the watercolor of the harbor that hangs over the fireplace."
• Not "the dishes," but "my mother's blue and white china, all pieces."

Name each person clearly

• Use full names: "my niece, Sarah Ann Cole, of Spokane."
• Avoid "my favorite cousin" or "whoever wants it."
• If you want a group to share, say how: "divided equally among my three nieces."

Name a backup

The statute covers what happens if someone you name dies before you. The item goes where your memo further directs. If it says nothing, the gift lapses (RCW 11.12.260).

So add a second name for anything that matters. "To Sarah, or if she doesn't survive me, to her daughter Emma."

Sign and date every version

Sign each page, or write the whole thing by hand. Put the date at the top. When you change something, sign and date the change too.

Add the story

The law only needs the item and the person. The family needs more. A short line about why turns a list into something people keep.

"The quilt goes to Sarah. Grandma made it the winter Sarah was born, and Sarah used to sleep under it at my house."

That sentence costs nothing and lasts a long time. If the stories get long, they can live in a letter of instruction, with the memo pointing to it.

Where to keep it

Keep the signed memo with your will, or with your trust papers. Your executor, or your trustee if you have a living trust, needs to find it. A copy in your care plan helps too.

If you're having a will or trust drafted, ask that it refer to a separate writing. Our guide to estate planning documents explains how the pieces fit. If you have a trust and a pour-over will, the trust can be the one that refers to the list.

Some people tell their family what's on the list, and some don't. Either is fine. Telling people can head off surprises, and it often leads to good conversations.

A short example

Here is a typical case, a composite. Helen, 74, never married. She has two nieces, a nephew, and a lifelong friend named Dot.

Helen's will refers to a separate writing. Her memo has nine items. The piano goes to her nephew, who still plays. Her mother's ring goes to her older niece, with the younger niece as backup. The garden tools and the birdbath go to Dot.

Two years later, Helen gives the piano to a church. She crosses that line out, initials and dates it, and signs the page again. Her will never changes.

Where it fits

A memo answers "who gets the things." Other pages in your plan answer other questions. Your funeral wishes say how you'd like to be remembered, and your notification list says who hears first. Your treatment preferences cover the medical side.

Wishes need someone with authority to carry them out. Kinly members keep their memo in their care plan, alongside a will written for their state. Our guide to choosing professional help compares an attorney, a trust company and family for that role.

Common questions

How do I leave specific belongings to specific people without redoing my will?

Use a personal property memo, if your state allows one. In Washington, your will or trust has to refer to a separate writing. The list must be in your handwriting or signed by you, and describe the items and people with reasonable certainty. You can then change the list without changing the will.

Does a personal property memo need to be notarized or witnessed?

Washington's statute doesn't require a notary or witnesses for the list. It requires that the list be in your handwriting or signed by you, and that your will or trust refers to it. Other states set their own rules.

Can I leave money in a personal property memo?

Not in Washington. The statute excludes money, bank accounts, securities and debts owed to you. Leave those in your will or trust instead. Coins and bullion are an exception, because they count as tangible property.

What if I make two different lists?

In Washington, if two writings conflict, the most recent one controls. That's why each version should be signed and dated. Keep the newest one with your will and remove old copies.

Is a legacy binder the same as a personal property memo?

No. A legacy binder is a folder of wishes, stories and papers for your family. A personal property memo is a signed list your will or trust refers to, so it can carry legal weight. The memo can live inside the binder, as long as your executor knows it's there.

Sources

• RCW 11.12.260: Separate writing may direct disposition of tangible personal property (Washington State Legislature)
• Chapter 11.12 RCW: Wills (Washington State Legislature)