Washington Small Estate Affidavit Checker

Washington's $100,000 cap only counts the decedent's own share — a surviving spouse's or partner's community-property half never enters the calculation at all.

RCW 11.62.010 FigureMyTax Editorial Team Free · no sign-up

Does this Washington estate qualify?

Enter the decedent's own share of personal property — not the full community property total.

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Likely path for this Washington estate
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$100,000, measured against the decedent's own share

Under RCW 11.62.010, the "Affidavit of Successor" reaches personal property when the decedent's entire probate estate — net of liens — is $100,000 or less. Because Washington is a community property state, the surviving spouse's or domestic partner's community-property half-interest is specifically excluded from that calculation, not just liens.

No court, no filing, presented directly to the asset holder

This route creates a private-party duty, not a court proceeding: a bank, credit union, transfer agent, or employer holding the decedent's property must pay or deliver it once presented with proof of death and a qualifying affidavit — nothing goes to a courthouse, and there's no filing fee because nothing is filed.

Never real estate, in any version

The route is narrower than its name suggests: it moves cash, accounts, securities, and other personal property, but it never moves Washington real estate. A house titled solely in the decedent's name needs full probate, or a transfer-on-death deed arranged before death, regardless of how small the rest of the estate is.

Filed nowhere in particular, honored statewide

Because the affidavit goes directly to asset holders rather than a court, there's no county filing at all — but the underlying $100,000 threshold and 40-day wait apply identically whether the decedent lived in King, Pierce, Snohomish, or Spokane County.

Washington small estate — frequently asked questions

What is Washington's small estate affidavit limit?

$100,000 or less in personal property subject to probate, net of liens, under RCW 11.62.010 — and, distinctively, net of the surviving spouse's or domestic partner's community property half-interest as well.

How long do I have to wait to use Washington's small estate affidavit?

At least 40 days after the date of death — not 30, the more common figure in other states.

Does Washington's small estate affidavit need to be filed with a court?

No. It's presented directly to whoever holds the asset — a bank, the Department of Licensing, an employer — with no court filing and no filing fee, since nothing is actually filed.

Can Washington's small estate affidavit transfer real property?

No — it cannot move real estate, and no version of the affidavit does. Real property in Washington needs either full probate or a separate transfer-on-death mechanism arranged before death.

Why does community property matter for Washington's small estate cap?

Because Washington is a community property state, the surviving spouse's or domestic partner's half-interest in community assets is excluded from the $100,000 calculation — only the decedent's own share, plus any separate property, counts toward the cap.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Washington statute (RCW 11.62.010). Actual eligibility depends on the estate's full facts, including community versus separate property characterization. Confirm with a licensed Washington attorney before acting.