Washington Small Estate Affidavit
In Washington a successor can use a small estate affidavit to collect a decedent's personal property when the probate estate is $100,000 or less, once 40 days have passed since death, without opening probate. Attorney review available.
Introduction
A small estate affidavit is a sworn statement that lets a decedent's successor collect the decedent's personal property, such as a bank account, final wages, or securities, without opening a probate case. In Washington it is used under RCW 11.62.010, where the claiming successor presents proof of death and the signed affidavit to the person who owes a debt to or holds property of the decedent. The affidavit may be used only after 40 days have elapsed since the death, and only when the value of the decedent's entire estate subject to probate, wherever located, less liens and encumbrances and not counting the surviving spouse's or domestic partner's community property interest, does not exceed $100,000. Before collecting, the claiming successor must give at least 10 days written notice of the claim to all other successors of the decedent. A successor is defined in RCW 11.62.005. The affidavit reaches personal property that is subject to probate, including securities and vehicles, but it does not transfer real property. DocDraft builds your Washington small estate affidavit from your facts, with attorney review available before you sign.
Key Things to Know
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A small estate affidavit is a sworn statement that lets a decedent's successor collect the decedent's personal property, such as a bank account, final wages, or securities, without opening a probate case in Washington.
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The affidavit is available only when the value of the decedent's entire estate subject to probate, wherever located, less liens and encumbrances, does not exceed $100,000 (RCW 11.62.010).
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It may not be used until at least 40 days have elapsed since the date of the decedent's death (RCW 11.62.010).
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The value does not count the surviving spouse's or surviving domestic partner's community property interest in assets subject to probate, so that share is left out of the $100,000 calculation (RCW 11.62.010).
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Before collecting, the claiming successor must give at least 10 days written notice of the claim, by personal service or mail, to all other successors of the decedent (RCW 11.62.010).
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The affidavit is presented with proof of death to the debtor, holder, transfer agent, or licensing agency; a successor is defined in RCW 11.62.005.
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The affidavit reaches personal property that is subject to probate; it does not transfer Washington real property, which is handled through probate or another procedure.
Key decisions before you file
Before you file a Small Estate Affidavit in Washington, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Once your Small Estate Affidavit is ready, you can check whether it needs to be notarized in Washington in about a minute, and notarize it online through DocDraft if it does.
Washington Requirements for Small Estate Affidavit
In Washington a small estate affidavit may not be used until at least 40 days have elapsed since the date of the decedent's death (RCW 11.62.010). The affidavit states that this 40-day period has passed.
The affidavit is available only when the value of the decedent's entire estate subject to probate, wherever located, less liens and encumbrances, does not exceed $100,000 (RCW 11.62.010).
The $100,000 calculation does not count the surviving spouse's or surviving domestic partner's community property interest in assets subject to probate, which can bring a married decedent's estate under the limit (RCW 11.62.010).
Before collecting, the claiming successor must give written notice of the claim, by personal service or mail, to all other successors of the decedent, and at least 10 days must have elapsed since that notice (RCW 11.62.010).
The affidavit is made by a person claiming to be a successor of the decedent as defined in RCW 11.62.005, who must be entitled to full payment or delivery of the property claimed (RCW 11.62.010).
The affidavit is presented together with proof of the decedent's death to the debtor, holder, transfer agent, or licensing agency (RCW 11.62.010).
The affidavit reaches personal property that is subject to probate, including securities and vehicles. It does not transfer Washington real property (RCW 11.62.010).
A Washington small estate affidavit is presented directly to the party holding the asset rather than filed with a court; a transfer agent re-registers a security and a licensing agency issues a new certificate of ownership on presentation (RCW 11.62.010).
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Check my Small Estate AffidavitFrequently Asked Questions
It is a sworn statement that lets a decedent's successor collect the decedent's personal property, such as a bank account, final wages, or securities, without opening probate. Under RCW 11.62.010 the claiming successor presents proof of death and the affidavit to whoever owes a debt to or holds property of the decedent, swearing that at least 40 days have passed since the death and that the estate subject to probate does not exceed $100,000. The holder then pays or delivers the personal property to the successor.
Probate in Washington is a court process that appoints a personal representative to administer the estate. A small estate affidavit skips that appointment: under RCW 11.62.010 the claiming successor collects the personal property directly from the holder after giving notice to the other successors. The affidavit is available only when the estate subject to probate, less liens and encumbrances, is $100,000 or less and at least 40 days have elapsed, so larger estates still go through probate.
The value of the decedent's entire estate subject to probate, wherever located, less liens and encumbrances, must not exceed $100,000 (RCW 11.62.010). The surviving spouse's or domestic partner's community property interest in probate assets is not counted, which can bring a married decedent's estate under the limit. If the estate subject to probate is above $100,000, the affidavit is not available in Washington and probate is generally required.
At least 40 days must have elapsed since the date of the decedent's death before the affidavit may be used (RCW 11.62.010). The affidavit states that these 40 days have passed. On top of the waiting period, the claiming successor must have given at least 10 days written notice of the claim to the other successors before collecting, so the earliest practical collection date in Washington accounts for both periods.
Yes. Under RCW 11.62.010 the claiming successor must give written notice, by personal service or by mail, identifying the claim and describing the property claimed, to all other successors of the decedent, and at least 10 days must have elapsed since that notice. The affidavit itself states that this notice was given. This notice requirement is a distinctive feature of the Washington small estate affidavit that many other states do not have.
No. RCW 11.62.010 covers the disposition of personal property that is subject to probate, such as bank accounts, wages, securities, and vehicles. It does not transfer Washington real property. A transfer agent will re-register a security to the successor, and a licensing agency will issue a new certificate of ownership for a vehicle, but real estate must pass through probate or another Washington procedure rather than this affidavit.
The affidavit is made by a person claiming to be a successor of the decedent, as that term is defined in RCW 11.62.005. The claiming successor must be entitled to full payment or delivery of the property claimed, either personally or on behalf and with the written authority of all other successors who have an interest. The successor signs the affidavit, which is presented with proof of death to the party holding the asset in Washington.
The affidavit is sworn, so the claiming successor is legally responsible for the truth of its statements, including the estate value, the 40-day waiting period, and the notice to other successors (RCW 11.62.010). Collecting property when the estate subject to probate actually exceeds $100,000, or without giving the required notice, can create liability to the other successors and creditors. When the value is near the limit in Washington, it is worth confirming before signing.