What are Washington’s small estate affidavit rules?
RCW 11.62.010 lets a successor collect personal property subject to probate by affidavit when the parent lived in Washington and the whole probate estate, wherever located, less liens and not counting the surviving spouse’s or partner’s community property half, is worth $100,000 or less. All debts, including funeral costs, must be paid or provided for, and no personal representative can have been applied for or appointed.
Sources: Chapter 11.62 RCW, Disposition of personal property by affidavit, checked October 19, 2026; Revised Code of Washington, checked October 19, 2026; Court Forms, checked October 19, 2026; Superior Court case cover sheet, checked October 19, 2026.| Rule | Washington |
|---|---|
| Dollar limit | $100,000, less liens and encumbrances, not counting the surviving spouse’s or partner’s community property half |
| Waiting period | 40 days after the death, and 10 days after written notice to the other successors |
| Where it goes | Straight to the bank or other holder, with proof of death. A copy is mailed to DSHS Office of Financial Recovery |
| Official form | No statewide court form |
| Signing | The statute says affidavit and doesn’t mention a notary or witnesses |
| Real estate | Can’t pass by this affidavit, which covers personal property and debts only |
What will Kin Papers fill in for Washington?
Kin Papers is building a Washington file that fills in the small estate affidavit, the notice to the other successors and the DSHS cover letter from your answers, writes the letters banks, Social Security and the credit bureaus ask for, prepares IRS Form 56, and keeps a dated tracker of the 40-day and 10-day waits. It won’t file anything for you or give legal advice.
Join the Washington waitlist
We’re building Washington’s small-estate form filled in from your answers, with the letters, IRS Form 56 and a deadline tracker. Join the waitlist and we’ll email you the day it opens.
Who can sign a Washington small estate affidavit?
A successor: someone entitled to the property under the will or Washington’s inheritance rules, or the surviving spouse or domestic partner for their community property share. A creditor can’t claim as a successor. When others share in the property, the person signing needs the written authority of all of them, under RCW 11.62.010.
What does the affidavit have to say?
- The person who died lived in Washington.
- The probate estate is worth $100,000 or less, as described above.
- 40 days have passed since the death.
- No personal representative has been applied for or appointed anywhere.
- All debts, including funeral and burial costs, have been paid or provided for.
- The other successors received written notice at least 10 days earlier.
- The property claimed and who is entitled to it.
Where do you get the form?
There’s no statewide court form. The Washington Courts forms index has no probate or small estate category.
What happens after the affidavit is given?
The bank or other holder pays or delivers the property and is released as if it had dealt with a personal representative. Securities transfer agents and licensing agencies re-register titled property. No tax release can be required. Whoever receives the property remains accountable to any personal representative appointed later.
What if the estate is over $100,000 or includes a house?
The affidavit doesn’t reach real estate or estates over the limit. Those generally go through probate in the superior court. The court clerk can explain the filings, and a lawyer can advise on your situation.
Is Kin Papers a law firm?
No. Kin Papers isn’t a law firm and doesn’t give legal advice. This page explains what the Revised Code of Washington says, with links to it. It doesn’t say whether the affidavit fits your parent’s estate.
Common questions about small estates in Washington
What is the Washington small estate affidavit limit?
$100,000 for the whole probate estate, wherever located, less liens and encumbrances, under RCW 11.62.010. The surviving spouse’s or domestic partner’s half of community property isn’t counted. The figure hasn’t changed since at least 2008.
How long do you have to wait in Washington?
At least 40 days after the death. The person claiming the property must also give the other successors written notice of the claim, in person or by mail, and wait at least 10 days after that notice.
Do you file a Washington small estate affidavit with the court?
The statute doesn’t require it: the affidavit and proof of death go to the bank or other holder, which is released when it pays. Superior courts do have a case type for filing one. A copy, with the parent’s Social Security number, must be mailed to DSHS Office of Financial Recovery.
Did the parent have to live in Washington?
Yes. The affidavit states that the person was a Washington resident on the date of death.