Dying Without a Will in Washington

Washington Small Estate Affidavit — Best Proven Guide (2026)

By Oleg Kachko · Updated June 13, 2026

✓ Verified June 2026

This guide explains the Washington small estate affidavit in plain English — the exact dollar limit, whether real estate counts, the waiting period, and how to use it to skip full probate. The threshold is verified as of June 2026 (these limits change with inflation).

Washington Small Estate Eligibility at a Glance

Here are the exact rules for using a Washington small estate affidavit:

Small estate affidavit limit $100,000 (effective 2006-06-07)
Real estate excluded? YES — The Washington small-estate affidavit under RCW 11.62.010 applies only to personal property. Real estate cannot be transferred using this affidavit. To transfer real property outside of probate, families may use a transfer-on-death deed (RCW 64.80), joint tenancy with right of survivorship, or a revocable living trust.
Waiting period after death 40
Summary probate threshold N/A — Washington does not have a separate “summary probate” with a dollar threshold. Instead, Washington uses nonintervention powers under RCW 11.68, which allow a personal representative to administer an estate without routine court supervision. Nonintervention powers may be granted to any solvent estate regardless of size when granting them will not harm creditors or beneficiaries. This functions as Washington’s simplified probate alternative.
Transfer-on-death (TOD) deed allowed? YES — Washington adopted the Uniform Real Property Transfer on Death Act in 2014 under RCW 64.80. A transfer-on-death deed must contain the essential elements of a recordable deed, must state the transfer occurs at the transferor’s death, and must be recorded in the county auditor’s office before the transferor’s death. The deed is revocable at any time during the transferor’s life, even if it contains a contrary provision. During the transferor’s lifetime, the deed does not affect the transferor’s ownership rights, including the right to sell or encumber the property.

How to File a Washington Small Estate Affidavit

1. Wait at least 40 days after the decedent’s death. 2. Confirm the total value of the decedent’s probate estate (excluding the surviving spouse’s or domestic partner’s community property interest), less liens and encumbrances, does not exceed 100000. 3. Confirm no application or petition for appointment of a personal representative has been filed or granted in any jurisdiction. 4.

Pay or provide for all debts of the decedent, including funeral and burial expenses. 5. Give written notice to all other successors of your intent to claim the property and obtain their written authorization; wait at least 10 days after sending the last notice before proceeding. 6.

Prepare the small-estate affidavit listing: the claiming successor’s name and address; a statement that the claiming successor qualifies as a “successor” under RCW 11.62.005; the decedent’s date of death; that the decedent was a Washington resident; that 40 days have elapsed since death; the estate value statement; that debts are paid or provided for; a description of the personal property claimed;

and a statement that the claiming successor has provided required notice to other successors.

7. Sign the affidavit before a notary public. 8. Attach a certified copy of the death certificate. 9. Present the affidavit, death certificate, and any supporting declarations to the person or entity holding the personal property. 10. Provide a copy of the affidavit and the decedent’s Social Security number to the Washington Department of Social and Health Services. 11.

The holder of the property must release it to the claiming successor upon receipt of a properly completed affidavit.

Who can file in Washington: A “successor” as defined in RCW 11.62.005, which includes: (1) a person (other than a creditor) who is entitled to property of the decedent under the decedent’s will, or if there is no will, under Washington’s intestacy statutes (RCW 11.04); or (2) a surviving spouse or surviving domestic partner of the decedent, to the extent of his or her interest in community property.

The claiming successor must give notice to all other successors and obtain their written authorization before claiming property.

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Other Ways to Avoid Probate in Washington

Joint Tenancy with Right of Survivorship — Property titled in joint tenancy passes automatically to the surviving owner(s) without probate upon the first owner’s death. Washington is a community property state, so spouses may also hold property as community property with right of survivorship under RCW 64.28.040, which passes the property directly to the surviving spouse without probate.

Beneficiary Designations — Retirement accounts (IRAs, 401(k)s), life insurance policies, and payable-on-death (POD) or transfer-on-death (TOD) bank and brokerage accounts pass directly to named beneficiaries outside of probate. Revocable Living Trust — Assets transferred into a revocable living trust during the grantor’s lifetime pass to trust beneficiaries without probate upon the grantor’s death.

The trust must be properly funded (assets retitled into the trust) for this to work; an unfunded trust does not avoid probate. Community Property Agreement — Under RCW 26.16.120, spouses or domestic partners may agree that all community property passes to the survivor upon death without probate.

Other Washington small-estate rules: Community Property State — Washington is one of nine community property states. The small-estate affidavit threshold of 100000 is calculated on the decedent’s share of the estate subject to probate, NOT including the surviving spouse’s or domestic partner’s community property interest.

This means a married couple’s total assets may exceed 100000 and still qualify if the decedent’s probate share (separate property plus half of community property, less liens and encumbrances) is under the threshold.

DSHS Notice Requirement — Washington uniquely requires the claiming successor to send a copy of the completed affidavit and the decedent’s Social Security number to the Department of Social and Health Services, which allows DSHS to identify any Medicaid estate recovery claims. Successor Liability — A claiming successor who receives property via the affidavit is personally liable for the decedent’s unsatisfied debts up to the value of the property received.

Community Property Agreement — Under RCW 26.16.120, married couples and domestic partners may execute a community property agreement that passes all community property to the survivor without probate, which is a tool unique to community property states.

Understanding the Washington Small Estate Affidavit

A Washington small estate affidavit can let a family skip full probate entirely when the estate is below the state limit. The exact Washington threshold above is the figure that decides eligibility — and because these limits change with inflation, using the current number matters. Filing a Washington small estate affidavit is usually far faster and cheaper than formal probate, often resolving in weeks instead of months.

Your state court’s self-help center publishes the official Washington small estate affidavit form and the current dollar limit.

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Official Washington Sources & Resources

This Washington small-estate guide was last verified against official sources in June 2026. Thresholds change with inflation — verify the current limit with your state court.

More Washington Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.