Small estate affidavit in Washington: limit, waiting period, form and where to file
Washington lets heirs collect a small estate with the Small Estate Affidavit instead of probate when the estate is under $100,000, at least 40 days have passed, and no probate has been opened. It never goes to court: you hand it to whoever holds the asset.
| Limit | $100,000 — of probate assets (assets that would otherwise need probate) |
|---|---|
| Waiting period | 40 days from the date of death |
| With a will? | Works with or without a will, provided no probate has been started anywhere and the person has been dead at least 40 days. |
| Real estate? | Any real property means the affidavit can't be used for the estate (a separate lack-of-probate affidavit is used later to clear title). |
| Form | Small Estate Affidavit (RCW 11.62.010) RCW 11.62 |
| Where it goes | Not filed with any court — presented to the bank, DMV or employer holding the asset |
| Signing | Notarized; a copy must be mailed to the Department of Social and Health Services (Office of Financial Recovery) 10 days before it's presented, and to every other heir |
Check whether your estate qualifies in Washington
Washington · six questions
Some states file with the county court; others never go to court — the affidavit goes straight to the bank or DMV. The county decides the office and the fee.
Bank accounts, vehicles, final paychecks, personal property. Leave out joint accounts, accounts with a named beneficiary, and life insurance — those pass without probate anyway.
Most states make you wait 10–45 days before the affidavit can be signed or filed.
Your next 60 days
What makes Washington different
Washington adds a step nobody expects: a copy of the affidavit has to go to DSHS Office of Financial Recovery at least 10 days before you use it, so the state can claim any Medicaid recovery first. Skip it and the bank's legal department will ask for proof of mailing.
The $100,000 counts only probate assets — community property passing to a spouse by agreement, joint accounts and beneficiary accounts are outside it.
WashingtonLawHelp's free packet includes the affidavit, the DSHS notice and the heir notice; King County banks are used to seeing it.
Washington counties: office, fee, local form
The state sets the rule; the county sets the counter. These are the Washington counties people ask about most:
$0; notary ≈ $10WA · NO COURT FILINGPierce County small estate affidavitNo court filing — present to the holder
$0WA · NO COURT FILINGSnohomish County small estate affidavitNo court filing — present to the holder
$0WA · NO COURT FILINGSpokane County small estate affidavitNo court filing — present to the holder
$0
Step by step in Washington
- Order certified death certificates. Five or more from the county vital records office; every holder keeps one.
- Inventory the estate. Everything in the person's sole name with no beneficiary. Compare the total to Washington's limit ($100,000).
- Wait 40 days. Washington requires 40 days from the date of death.
- Complete and sign the Washington form. Small Estate Affidavit (RCW 11.62.010). Notarized; a copy must be mailed to the Department of Social and Health Services (Office of Financial Recovery) 10 days before it's presented, and to every other heir.
- Present it to each holder. Bank, DMV, employer — with a certified death certificate each time.
- Pay debts, then distribute. Funeral and last medical bills first, then known creditors, then heirs as the statute directs. Keep receipts.
If the bank refuses
Washington banks reject affidavits for the same four reasons as everywhere else: the branch doesn't know RCW 11.62, the bank wants its own form as well, the waiting period was miscounted, or the notarization is missing. Each has a fix that doesn't need a lawyer; the $49 packet includes the affidavit versions Bank of America, Chase, U.S. Bank and Wells Fargo use.
When Washington requires probate instead
Over the limit, real estate the affidavit can't move, a dispute between heirs, or a creditor who won't accept the affidavit — any of these means a probate track: summary or formal administration. The checker above switches to a probate timeline when that's the case and can connect you with a probate attorney licensed in Washington; the attorney pays the referral fee, you don't.
Common questions
What is the small estate limit in Washington?
$100,000 — of probate assets (assets that would otherwise need probate). Assets that pass outside probate (joint accounts, payable-on-death accounts, life insurance, trust assets) are not counted.
How long do I have to wait to file a small estate affidavit in Washington?
40 days from the date of death. After that you present it directly to the bank, DMV or employer — no court is involved.
Does the Washington small estate affidavit work if there is a will?
Works with or without a will, provided no probate has been started anywhere and the person has been dead at least 40 days.
Can I use a small estate affidavit for a house in Washington?
Any real property means the affidavit can't be used for the estate (a separate lack-of-probate affidavit is used later to clear title).
Do I need a lawyer for a small estate affidavit in Washington?
No. The form is published by the state and completed by the heir. A lawyer is worth consulting when the estate is over the limit, when there's real estate the affidavit can't move, or when heirs disagree — the checker on this page flags each of those.
Which Washington counties are covered?
King County, Pierce County, Snohomish County, Spokane County. Each county page names the office, the fee and any local form requirement.
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