Washington Small Estate Alternatives to Probate
Simplified probate procedures for smaller estates in Washington — summary distribution, affidavits, and when full probate is still required.
Washington's small estate option
| Requirement | Details | |
|---|---|---|
| Procedure name | small estate affidavit §11.62.010 | |
| Estate value threshold | Must be under $100,000 §11.62.010 | |
| Additional requirements | Available 40 days after death. The affidavit procedure allows collection of personal property when the value of the decedent's entire probate estate, wherever located (not including the surviving spouse's or domestic partner's community property interest), does not exceed $100,000 after deducting liens and encumbrances. Does not apply to real property. §11.62.010 |
Washington allows small estate affidavit for qualifying estates. The threshold is $100,000. Available 40 days after death. The affidavit procedure allows collection of personal property when the value of the decedent's entire probate estate, wherever located (not including the surviving spouse's or domestic partner's community property interest), does not exceed $100,000 after deducting liens and encumbrances. Does not apply to real property.
When full probate is still required
Even a small estate may need full administration if:
- There is real property titled solely in the decedent's name (in states where the simplified process covers personal property only)
- There is a dispute among heirs about who inherits
- There are contested Creditor claims
- The value exceeds the small-estate threshold once all assets are properly valued
How the simplified process works
- An heir or person entitled to the property prepares an affidavit (sworn statement) attesting to their right to receive the assets
- The affidavit is presented to whoever holds the property (bank, employer, insurance company, etc.)
- The holder is authorized to release the property based on the affidavit
- No court appointment of a Personal representative is needed
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.