How much does probate cost in Washington?

Probate in Washington typically costs 3% to 7% of the estate for the administration itself. The main parts are the personal representative and attorney fees (both just and reasonable under RCW 11.48.210, with no statutory percentage) and a Superior Court filing fee of about $290. Separately, large estates may owe Washington estate tax, which starts above a $3 million exemption.

What is the executor fee in Washington?

Washington sets no statutory percentage. Under RCW 11.48.210, the court allows the personal representative such compensation as it deems just and reasonable, based on the size and complexity of the estate. Family members who are also heirs often waive the fee because it is taxable income while an inheritance is not.

Does Washington have an estate tax?

Yes. Unlike most states, Washington levies its own estate tax. For deaths on or after July 1, 2026 the exemption is $3,000,000 and the graduated rates run from 10% to 20% on the amount above it; for deaths from January 1 to June 30, 2026 the exemption was $3,076,000 with rates up to 35%. Estates below the exemption owe no Washington estate tax. Washington has no inheritance tax.

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Q: What is the small estate limit in Washington?

Under RCW 11.62.010, a small estate affidavit can transfer personal property when the probate estate is $100,000 or less, at least 40 days after death. It does not work for real estate, and it cannot be used if a personal representative has been appointed.

Q: How long does probate take in Washington?

Most Washington estates take 6 to 12 months; nonintervention estates can move faster. If Washington estate tax is owed, the return is due 9 months after death.

How probate costs work in Washington

Probate in Washington runs through the Superior Court of the county where the person lived — King (Seattle), Pierce (Tacoma), Snohomish (Everett), Spokane, Clark (Vancouver), and the state's 39 counties. Washington is known for nonintervention (unsupervised) administration, which lets most personal representatives settle the estate with very little court involvement — keeping the administration cost moderate.

But Washington has one feature most states don't: a state estate tax. So the cost of a Washington estate has two separate layers — the administration cost, and (for large estates) the estate tax.

1. Personal representative fee — just and reasonable, no %

RCW 11.48.210: the personal representative is allowed such compensation "as the court shall deem just and reasonable." There is no statutory percentage. The same reasonableness standard applies to the attorney's fee.

In practice the fee is negotiated or set by the court, often loosely in the 2%–3% range for a routine estate. Family members who are also heirs frequently waive it, since it is taxable income while an inheritance is not.

2. Attorney fees — also just and reasonable

Under the same statute, the attorney's fee must be just and reasonable and is subject to court review (the leading case is Estate of Larson, 1985). Fees are usually hourly; a routine nonintervention estate is moderate, contested estates far higher.

3. Court filing & other costs

The Superior Court filing fee to open probate is $290 ($200 plus $40 and $50 surcharges). Add notice-to-creditors publication, certified Letters, and a bond premium if the court requires one (often waived for nonintervention estates).

4. Washington estate tax — the big one for large estates

Washington estate tax (RCW 83.100.040): for deaths on or after July 1, 2026, the exemption is $3,000,000 and graduated rates run from 10% to 20% on the amount above it. For deaths January 1–June 30, 2026, the exemption was $3,076,000 with rates up to 35%. Estates below the exemption owe nothing.

This matters because Washington's exemption is far below the federal one, so a middle-to-large Washington estate can owe state estate tax while owing no federal tax. Washington has no inheritance tax and no gift tax. The return is due 9 months after death.

5. When probate can be skipped in Washington

Small estate affidavit — for probate personal property of $100,000 or less, at least 40 days after death (RCW 11.62.010). It does not work for real estate.
Community property agreement — between spouses, can pass assets outside probate.

A revocable living trust, joint ownership, or beneficiary/TOD designations avoid probate entirely (but do not by themselves avoid the estate tax). Washington is a community property state.

Cost component	Washington figure	Source
Personal representative fee	Just & reasonable (no statutory %)	RCW 11.48.210
Attorney fee	Just & reasonable, court-reviewed	RCW 11.48.210
Superior Court filing fee	$290 ($200 + $40 + $50)	County Superior Court
Small estate limit (personal property)	$100,000	RCW 11.62.010
State estate tax	Above $3,000,000 exemption; 10–20%	WA DOR
State inheritance tax	None	WA DOR

Washington probate cost — frequently asked questions

How much does probate cost in Seattle / King County?

The administration rules are statewide — just-and-reasonable fees, no statutory percentage, and a $290 filing fee. In King County (Seattle), Pierce (Tacoma) or Snohomish, a routine nonintervention estate often costs a few thousand to low five figures. Large estates may separately owe Washington estate tax above the $3 million exemption.

Does Washington really have its own estate tax?

Yes — and it catches far more families than the federal tax. The Washington exemption is $3,000,000 (for deaths on or after July 1, 2026), well below the much higher federal threshold. An estate in between can owe Washington estate tax (10%–20%) while owing no federal estate tax.

Is the executor fee in Washington taxable?

Yes. The IRS treats it as ordinary income, not inheritance. That is why family members who are also heirs often waive it — the inheritance is generally tax-free, but the fee would be taxed at their income rate.

What is the small estate limit in Washington?

$100,000 of probate personal property, at least 40 days after death, under RCW 11.62.010. It does not cover real estate and cannot be used once a personal representative is appointed.

How long does probate take in Washington?

Most Washington estates take 6–12 months; nonintervention estates can move faster. If Washington estate tax is owed, the return is due 9 months after death.

This calculator provides an estimate for general guidance only and is not legal or financial advice. Washington sets no statutory fee percentage; personal representative and attorney fees are "just and reasonable" under RCW 11.48.210. The estate-tax estimate uses the post-July 1, 2026 rules ($3,000,000 exemption; 10–20% graduated rates under RCW 83.100.040) — deaths in the first half of 2026 use a $3,076,000 exemption and rates up to 35%, so confirm the schedule for the date of death. Estate-tax figures are approximate; the exact tax depends on deductions and the WA DOR rate table. Confirm with the county Superior Court, the WA Department of Revenue, or a licensed Washington attorney before acting.