Washington Small Estate Affidavit: Do You Qualify? Limits by Date of Death, Waiting Periods & Steps
Every figure on this page was verified against the official statute text on August 5, 2026 (next review by February 1, 2027). This is general legal information, not legal advice.
Claim of successor to small estate — personal property affidavit (proof of death and affidavit)
Presented directly to the institution holding the asset — no court filing
- Dollar limit
- $100,000 — for all death dates
What counts toward the limit: Value of the decedent's ENTIRE estate subject to probate, wherever located, must not exceed $100,000 — EXCLUDING the surviving spouse's/surviving domestic partner's community property interest in assets that were community property immediately before death, and LESS liens and encumbrances. Personal property only; real property cannot be transferred with this affidavit.
- Waiting period
- 40 days from the date of death before the procedure can be used.
- Will requirement
- Available with or without a will.
- Notarization & approval
- Notarization is required. No court approval is required.
- Where the papers go
- None — no court filing. The affidavit + proof of death are presented directly to the person or institution holding the property. REQUIRED MAILING: a copy of the affidavit, including the decedent's social security number, must be mailed to the State of Washington, Department of Social and Health Services, Office of Financial Recovery.
- Official form
- No mandatory statewide court form (procedure is extrajudicial); for vehicles the Department of Licensing requires its Affidavit of Inheritance/Litigation form (DOL TD-420-041 (vehicles only))
- Statute
- RCW 11.62.010
Who inherits without a will in Washington
Washington’s intestacy statute (RCW 11.04.015) controls when there is no will.
- Spouse, no descendants
- Surviving spouse or state-registered domestic partner receives ALL of the decedent's share of the net community estate, plus ALL of the net separate estate if the decedent left no surviving issue, parents, or issue of parents.
- Spouse and descendants
- COMMUNITY PROPERTY STATE. Spouse/domestic partner takes all of the decedent's share of the net community estate in every case. Of the net SEPARATE estate: one-half to the spouse/partner if the decedent left surviving issue (the other half to the issue by representation); three-quarters to the spouse/partner if no issue but a parent or issue of a parent survives.
- Descendants only
- If no surviving spouse/domestic partner: all to the decedent's issue (by representation if of unequal degree); then to parents; then to issue of parents; then one-half to paternal and one-half to maternal grandparents; then to issue of grandparents (each side sharing equally).
Washington extends spousal intestacy rights to state-registered domestic partners. Confirmed from the official RCW text.
Washington small-estate questions
What is the small estate limit in Washington?
Under RCW 11.62.010, the current figure is $100,000 ($100,000 — for all death dates). What counts toward it matters as much as the number: Value of the decedent's ENTIRE estate subject to probate, wherever located, must not exceed $100,000 — EXCLUDING the surviving spouse's/surviving domestic partner's community property interest in assets that were community property immediately before death, and LESS liens and encumbrances. Personal property only; real property cannot be transferred with this affidavit.
How long do I have to wait after the death in Washington?
40 days from the date of death before Claim of successor to small estate — personal property affidavit (proof of death and affidavit) can be used, under RCW 11.62.010.
Does the Washington affidavit go to a court or straight to the bank?
Presented directly to the institution holding the asset — no court filing. Specifically: None — no court filing. The affidavit + proof of death are presented directly to the person or institution holding the property. REQUIRED MAILING: a copy of the affidavit, including the decedent's social security number, must be mailed to the State of Washington, Department of Social and Health Services, Office of Financial Recovery.
Who inherits without a will in Washington?
Washington's intestacy statute (RCW 11.04.015) controls. With a spouse and no descendants: Surviving spouse or state-registered domestic partner receives ALL of the decedent's share of the net community estate, plus ALL of the net separate estate if the decedent left no surviving issue, parents, or issue of parents. With a spouse and descendants: COMMUNITY PROPERTY STATE. Spouse/domestic partner takes all of the decedent's share of the net community estate in every case. Of the net SEPARATE estate: one-half to the spouse/partner if the decedent left surviving issue (the other half to the issue by representation); three-quarters to the spouse/partner if no issue but a parent or issue of a parent survives.
What if family members disagree about who inherits?
The small-estate path assumes everyone entitled agrees. When there's a dispute, the affidavit process is the wrong tool in every state — a probate attorney can help resolve it, and our free check will tell you that honestly instead of selling you a packet.
Wondering whether a specific estate qualifies under these rules — with the right limit for the date of death? Run the free eligibility check. It gives an honest answer either way, and if the estate qualifies, the completed affidavit packet for Washington is a flat $79.
Sources
EstateClaim is an automated document-preparation tool — not a law firm, and not legal advice. Statutes change; the figures above were verified on August 5, 2026. For advice about a specific estate, consult a licensed probate attorney.