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Washington Small Estate: Limit & How-To

No courthouse, no filing fee, no clerk — just an affidavit, a death certificate, and whoever's holding the money or the account.

RCW 11.62.010

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: once 40 days have passed and the decedent's own share of personal property is at or under $100,000, present a sworn affidavit directly to each bank, transfer agent, or employer — no court involved. Check whether an estate qualifies with the Washington small estate checker.

Step by step

  1. Wait 40 days from the date of death.
  2. Total the decedent's own share of personal property, net of liens and net of any surviving spouse's or partner's community-property half.
  3. Confirm no personal representative petition is pending or has been granted in any jurisdiction.
  4. Complete the affidavit (the RCW 11.62.010(2) statutory requirements), stating the successor's identity, Washington residency, and the estate's value.
  5. Present it directly to each bank, transfer agent, or employer holding the decedent's property, along with proof of death.
  6. Mail a copy to the Department of Social and Health Services, Office of Financial Recovery, including the decedent's Social Security number.

No filing fee, because nothing is filed

This is a private-party process, not a court proceeding — the affidavit goes to whoever holds the asset, not to the county clerk. That means no court filing fee attaches to this route at all, unlike most other states' small estate mechanisms.

One protection worth knowing

No release from any Washington state or local taxing authority may be demanded before assets or debts are paid or delivered under this process — a specific statutory protection against institutions stalling the transfer over unrelated tax questions.

Facing probate in Washington?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Washington attorney

Because nothing is filed with a court, there's no county-specific process here — the same statutory affidavit works identically whether the decedent lived in King, Pierce, Snohomish, or Spokane County.

Limit & how-to — frequently asked questions

What must Washington's small estate affidavit specifically state?

Under RCW 11.62.010(2), it must state the successor's name and address, that the decedent was a Washington resident, the estate's value calculation, and that no personal representative petition is pending or granted anywhere.

Does Washington's affidavit require a specific waiting period between assets?

No — a single 40-day wait from the date of death applies before the affidavit can be presented to any asset holder, regardless of how many separate accounts or assets are involved.

Who receives a copy of Washington's small estate affidavit?

A copy, including the decedent's Social Security number, must be mailed to the Washington State Department of Social and Health Services, Office of Financial Recovery, to check for any recovery claims against the estate.

Can a tax authority block the transfer while using Washington's affidavit?

No — RCW 11.62.010(4) specifically prohibits requiring a release from any Washington state or local taxing authority before assets or debts are paid or delivered to a successor.

How do I file a small estate affidavit in Washington?

Once 40 days have passed and the decedent's own share of personal property is at or under $100,000, present a sworn affidavit directly to each bank, transfer agent, or employer — no court involved. Check whether an estate qualifies with the Washington small estate checker.

Keep going

Washington Small Estate Affidavit CheckerDoes this estate qualify? Do I Need Probate in Washington?The full decision tree Transferring a Car in Washington Without ProbateThe Department of Licensing's Form K Washington Probate Cost CalculatorIf this estate needs full probate

This page provides general guidance only and is not legal advice. Based on RCW 11.62.010. Confirm current requirements with a licensed Washington attorney before acting, especially for community-property characterization.