What the rule says
Washington provides a streamlined alternative to formal probate for small estates. Under Wash. Rev. Code § 11.62.010, a successor can collect personal property of a Washington decedent — bank accounts, vehicles, personal effects, and other personal property — without going through formal probate, if:
- The total value of the personal property does not exceed $100,000 - The decedent has been dead for at least 40 days - No application for the appointment of a personal representative has been granted - The successor presents an affidavit identifying the assets, the relationship to the decedent, and the basis for entitlement
The procedure works through a sworn affidavit presented directly to property holders. No court involvement is required.
How this works
1. Wait 40 days from death. The waiting period is calendar days. 2. Prepare the affidavit. Washington provides specific affidavit forms identifying the decedent, assets, and successors. 3. Present the affidavit to property holders. Banks, brokers, and other institutions accept the affidavit and release property. 4. Distribute property as required by the will or by intestacy.
What this means in practice
Key practical points:
- The 40-day waiting period is firm. Longer than many states' 30-day periods. - The $100,000 threshold counts personal property only. Real property is not included and requires separate procedures. - Joint property and beneficiary-designated assets are not counted. - Community property considerations. WA recognizes community property; the surviving spouse generally already owns 50% of community property and inherits the other 50% directly. The small-estate affidavit can address separate property and any community property not already passing automatically. - No court involvement. The procedure operates entirely outside the probate court system.
How this fits with WA's other tools
Washington offers several alternatives to formal probate:
- Small-estate affidavit (§ 11.62.010): Personal property up to $100,000. - Community property agreement (CPA): Covered separately. Eliminates probate for all CPA-covered property regardless of value. - Transfer-on-death deed (Wash. Rev. Code § 64.80): WA recognizes TOD deeds for real property. - Non-intervention probate: Streamlined formal probate where the personal representative operates with limited court supervision. The standard WA probate procedure for testate estates.
For most WA estates, a properly executed CPA combined with beneficiary designations and TOD deeds for real property can avoid probate entirely. The small-estate affidavit is useful for estates not covered by CPAs or other non-probate transfers.
What you can do about it
For a survivor of a Washington decedent:
1. Calculate personal property value. Stay within $100,000. 2. Wait 40 days from death. 3. Prepare and present the affidavit. 4. Distribute property.
For estate planners advising WA clients:
- Use community property agreements for married couples to avoid probate of community property. - Use TOD deeds for real property. - Use beneficiary designations for financial accounts.
Who this affects most
WA small-estate affidavit is most relevant for:
- Survivors of WA decedents with modest probate estates - Households where the decedent had limited assets outside community property and beneficiary-designated accounts - Heirs who would otherwise face non-intervention probate's complexity for a modest estate - Estate planners structuring estates to avoid probate entirely
For estates within the $100,000 threshold, the procedure substantially reduces administration cost and time. Combined with community property agreements (the WA-distinctive tool), the framework allows many WA estates to avoid probate entirely.