Small estate affidavit in Washington (2026)

In Washington, heirs can collect up to $100,000 without probate with a sworn affidavit (Small estate affidavit (RCW 11.62.010)). You must wait 40 days after the death. Real estate: not covered. Last checked October 23, 2026.

Washington at a glance

Affidavit cap: $100,000
Value counted: Net value (after liens and encumbrances)
Waiting period: 40 days
If there is a will: Can still be used
File with a court: No
Real estate: Not covered
Court shortcut: None (probate with a personal representative)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Date of deathValue of what they owned in their own name ($)Leave out accounts with a beneficiary (POD/TOD), joint property and trust assets.

Includes a house or land in their name only I am the surviving spouse There is a will

Enter the date of death and the value

Washington cap for this date of death

$100,000

A worked example for Washington

Say a parent who lived in Washington died on March 1, 2026, leaving $80,000 in a bank account in their name only and no house. $80,000 is within the $100,000 cap for that date of death, so the family can use the affidavit from April 10, 2026.

The rules in Washington

The affidavit. A successor gives the holder of the decedent's personal property (bank, transfer agent, agency) proof of death and a sworn affidavit, and the holder must pay or deliver the property. It is not filed with a court, but a copy with the decedent's Social Security number must be mailed to DSHS Office of Financial Recovery.
Cap. The probate estate, after liens and encumbrances and not counting the surviving spouse's community half, must be $100,000 or less.
What counts. The decedent's entire estate subject to probate, wherever located, less liens and encumbrances, including equity in real estate (even though land cannot be collected by affidavit).
What doesn't count. The surviving spouse's or domestic partner's community-property half; nonprobate assets (only property subject to probate counts).
Waiting period. At least 40 days after the death, and at least 10 days after written notice of the claim was served or mailed to all other successors.
Conditions. Decedent was a Washington resident; no petition to appoint a personal representative pending or granted anywhere; all debts including funeral and burial paid or provided for; written notice to all other successors at least 10 days earlier; claimant entitled personally or has written authority of the other successors; copy mailed to DSHS Office of Financial Recovery.
Who can sign. A successor: a person entitled under the will or intestacy, the surviving spouse or domestic partner for their community half, DSHS for estate recovery, or the state for escheat. Creditors are excluded.
Court filing. No court filing; there is no mandatory form. Mail a copy of the affidavit with the decedent's Social Security number to DSHS Office of Financial Recovery.

Houses, land and vehicles

Real estate. The affidavit covers personal property only and cannot transfer real property; probate is usually needed for land. Real estate equity still counts toward the $100,000 limit.
Vehicles. With no executor or administrator, heirs retitle at the Department of Licensing with the Affidavit of Inheritance/Litigation, the title and a death certificate.

When the affidavit isn't enough

Washington has no separate small-estate court proceeding with a dollar cap. If the affidavit cannot be used (land, value over $100,000, or a dispute), a probate is opened in superior court.

Good to know in Washington

A person who receives property by affidavit must account for it to any later personal representative or anyone with a superior right (RCW 11.62.020).
A credit union may pay up to $1,000 of a deceased member's deposits to the surviving spouse or domestic partner on a simple affidavit (RCW 11.62.030).
No Washington tax release is required before payment (RCW 11.62.010(4)).

Official help and forms

Sources

Chapter 11.62 RCW Small estates - disposition of property (read October 23, 2026)
WashingtonLawHelp - Manage a small estate yourself (read October 23, 2026)
NJP Planning 532 Small Estate Affidavit (rev. 08/2025) (read October 23, 2026)
WA DOL Affidavit of Inheritance/Litigation (read October 23, 2026)

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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