Washington Probate Cost: Full Breakdown

Quick answer: Washington probate has two layers. The administration itself is moderate — a routine estate often runs a few thousand to low five figures — because fees are "just and reasonable" with no statutory percentage. But large estates face the Washington estate tax above a $3,000,000 exemption, which can dwarf the administration cost. Get your own figure with the Washington probate cost calculator.

The administration costs, line by line

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

Under RCW 11.48.210, the court allows the personal representative "just and reasonable" compensation — no fixed percentage. In practice it is often loosely 2%–3% for a routine estate, and family-member PRs frequently waive it (it is taxable income, unlike an inheritance).

2. Attorney fees — also just and reasonable

Same statute, same standard, court-reviewed (leading case: Estate of Larson, 1985). Usually hourly. See Washington probate attorney fees.

3. Court filing & other costs

The Superior Court filing fee is $290 ($200 + $40 + $50 surcharges). Add creditor publication, certified Letters, and a bond if required (often waived for nonintervention estates). Details in our Washington filing fees guide.

The Washington estate tax — the big variable

RCW 83.100.040: for deaths on or after July 1, 2026, Washington taxes the estate above a $3,000,000 exemption at graduated rates from 10% to 20%. (Deaths Jan 1–Jun 30, 2026 used a $3,076,000 exemption with rates up to 35%.) Washington has no inheritance tax.

Because the state exemption is far below the federal one, a middle-to-large Washington estate can owe state estate tax while owing no federal tax. This is the single biggest cost for large Washington estates.

Gross estate	WA estate tax (post 7/1/2026)
$2,000,000	$0 (below exemption)
$3,000,000	$0 (at exemption)
$4,000,000	~$100,000
$5,000,000	~$240,000
$6,000,000	~$390,000

Estate tax is on the amount above $3,000,000, graduated 10–20%. Figures are approximate; use the WA DOR rate table for the exact amount. Run your own numbers in the calculator.

Worked examples (administration only)

Estate value	Executor (2%)	Attorney (routine)	Filing + notice	Admin total
$100,000	$2,000	$2,500	$410	≈ $5,060
$500,000	$10,000	$10,000	$410	≈ $20,560
$1,000,000	$20,000	$15,000	$410	≈ $35,560

Administration only — add Washington estate tax separately for estates above $3M. If a family member serves and waives the fee, subtract the executor column. Run your own numbers in the calculator.

How to reduce Washington probate costs

Use the small estate affidavit for probate personal property up to $100,000 (RCW 11.62.010).
Use nonintervention administration — Washington's low-supervision track keeps administration cheap.
Plan for the estate tax — for estates near or above $3M, credit-shelter trusts and gifting matter (Washington has no gift tax).

Washington probate cost — frequently asked questions

What is the biggest cost in Washington probate?

For estates well under the $3 million estate-tax exemption, usually the administration cost itself — executor and attorney fees combined. For larger estates, the state estate tax typically dwarfs every other cost.

Why does Washington have its own estate tax when most states don't?

Washington has no state income tax, and the estate tax is one of the state's few major revenue sources tied to wealth transfer, which is part of why its exemption is set far lower than the federal threshold.

Did Washington's estate tax rules change in 2026?

Yes — for deaths on or after July 1, 2026, the exemption became $3,000,000 with graduated rates from 10% to 20%, replacing the earlier 2026 schedule that used a $3,076,000 exemption with rates up to 35%.

Can nonintervention administration reduce Washington probate costs?

Yes — Washington's nonintervention process keeps most court involvement to a minimum, which typically means lower attorney hours and a lower overall administration cost than a fully supervised probate.

Does a living trust avoid the Washington estate tax?

No — a living trust avoids probate itself, but assets in a revocable trust are still counted toward the Washington estate tax exemption threshold, so it does not by itself reduce the tax owed.

Estimate for general guidance only, not legal advice. Fees are just and reasonable under RCW 11.48.210. Estate-tax figures use the post-July 1, 2026 schedule ($3,000,000 exemption; 10–20% under RCW 83.100.040); deaths in the first half of 2026 used a $3,076,000 exemption with rates up to 35%. Estate-tax amounts are approximate — use the WA DOR rate table. Verify with the county Superior Court, WA DOR, or a licensed Washington attorney.