Washington Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   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.

2. 2

   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).

3. 3

   It may not be used until at least 40 days have elapsed since the date of the decedent's death (RCW 11.62.010).

4. 4

   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).

5. 5

   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).

6. 6

   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.

7. 7

   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.

Washington Requirements for Small Estate Affidavit

• 40-Day Waiting Period

  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.

• $100,000 Probate Estate Limit

  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).

• Community Property Interest Excluded

  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).

• 10-Day Notice to Other Successors

  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).

• Claiming Successor Defined by Statute

  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).

• Proof of Death Required

  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).

• Personal Property Subject to Probate Only

  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).

• Presented to the Asset Holder

  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).