Washington State Probate Timeline: 4-Month Creditor Period, WA Estate Tax at 9 Months, Inventory at 90 Days

Washington State Probate · Updated 2024 · RCW Title 11

Washington State Personal Representatives work against several firm deadlines. The dominant constraint for most estates is the 4-month creditor period (RCW 11.40.020) running from first publication of Notice to Creditors. For large estates, Form REV 85 0050 (WA Estate Tax) is due 9 months from death. The Inventory must be filed within 90 days of appointment. Washington has no state income tax, which eliminates one of the major tax deadlines common in other states.

Creditor Period Starts at Publication — Not Appointment: Washington's 4-month creditor period (RCW 11.40.020) starts from the date of first publication of the Notice to Creditors — not from your appointment date and not from the date of death. Publish immediately after receiving your Letters Testamentary. Every week of delay in publishing pushes back the earliest possible distribution date by the same amount.

Master Deadline Table — Washington State Probate

DeadlineMeasured FromApplies When
Notice of Appointment mailed to heirsWithin 20 days of appointmentAlways — full probate
File InventoryWithin 90 days of appointmentAlways — full probate
Statement of Case StatusFiled if estate open over 1 year (RCW 11.48.010)Only if still open after 1 year
WA Estate Tax (Form REV 85 0050)9 months from date of deathOnly if gross estate > $2,193,000 (2024)
Federal Form 1040 (individual income tax)April 15 (year following year of death)Always if had federal income in year of death
Federal Form 1041 (estate income tax)April 15 (or 3.5 months after fiscal year end)If estate earns income after death
4-month creditor period expires4 months from date of first publicationAlways — no distributions before expiry
Declaration of Completion filedAfter creditor period expires and all taxes paidTo close estate
No WA Income Tax = One Less Deadline: Washington has no state individual income tax. There is no WA Form 1040 equivalent to file. The estate only files federal income tax returns (Forms 1040 and 1041 if applicable) — plus the WA estate tax return (REV 85 0050) only if the gross estate exceeds the 2024 threshold. This significantly reduces the tax filing burden compared to states like Oregon (estate tax at $1M) or California (state income tax).

Month-by-Month Washington Probate Calendar

Timeline assumes death in Month 0, petition filed and Letters received in Month 1, Notice to Creditors published in Month 1.

Month 0 — Date of Death
Death Occurs
Order 3–5 certified death certificates from DOH or funeral home. Locate original will. Set up estate email account. Forward deceased's mail to your address (USPS ~$1, 12 months). Apply for estate EIN at IRS.gov (free, instant online). Begin organizing asset inventory.
Month 1 — Weeks 1–4
File Petition; Receive Letters; Publish Notice to Creditors
Notarize Oath of Personal Representative BEFORE going to the courthouse. File petition with any county Superior Court (smaller counties often faster). Pay filing fee ($200–$300). Judge signs Order — granting non-intervention powers. Receive Letters Testamentary. Request 3 certified copies. Open estate checking account. Publish Notice to Creditors immediately — this starts the 4-month clock. Note the date of first publication.
Month 1 — Within 20 Days of Appointment
⚠️ Mail Notice of Appointment to All Heirs
Within 20 days of receiving Letters, mail the Notice of Appointment and Pendency of Probate to all heirs and beneficiaries named in the will (or heirs by intestacy). File the Declaration of Mailing of Notice of Appointment with the Superior Court. This is a hard deadline — do not miss it.
Month 1–3 — Within 90 Days of Appointment
⚠️ File Inventory
File Inventory of all estate assets (values as of date of death) with the Superior Court within 90 days of appointment. Obtain real estate appraisals (important for stepped-up basis). Collect and consolidate bank accounts. Transfer investment accounts. Review all creditor claims as they come in. Send direct notices to known creditors.
Month 9 (from Death)
⚠️ WA Estate Tax Deadline (If Applicable)
WA Form REV 85 0050 (Washington Estate Tax Return) is due 9 months from the date of death — but ONLY if the gross estate exceeds $2,193,000 (2024, indexed annually). Rates are 10%–20% on amounts above the exemption. Extensions are available but WA estate tax is still due within 9 months. The vast majority of Washington estates are under this threshold. Contact Washington Dept. of Revenue for current year's threshold.
Month 5 (from First Publication)
✅ Creditor Period Expires — Begin Distributions
Once 4 months have passed from the date of first publication of Notice to Creditors (RCW 11.40.020), the creditor period expires. If you published in Month 1, distributions can begin around Month 5. Confirm all valid creditor claims are paid before distributing. Prepare distributions per the will or intestacy law.
April 15 (Following Year)
Federal Income Tax Due — Form 1040 & Form 1041
File the deceased's final federal Form 1040 (Individual Income Tax Return) by April 15. No WA state income tax return needed (WA has no individual income tax). File federal Form 1041 (Fiduciary Income Tax Return) by April 15 if the estate earned income during administration (interest, dividends, rental income, gains from asset sales). Check WA capital gains excise tax (7% on gains over $250K) if estate sold appreciated assets.
Month 6–12
File Declaration of Completion; Close Estate
After creditor period expires, all taxes paid, all real estate deeds recorded with County Auditor, and all assets distributed, file the Declaration of Completion with the Superior Court. File the Notice of Filing of Declaration of Completion (heirs have 30 days to object). Collect signed Receipts from each beneficiary. The estate is closed. Personal Representative is discharged. Retain all records for several years. Close estate bank account.

Timeline Comparison — Washington vs. West Coast States

StateCreditor PeriodMeasured FromEstate TaxIncome Tax
Washington4 monthsFirst publication$2.193M (10%–20%)None
Oregon4 monthsFirst publication$1M (10%–16%)Yes (9.9% top rate)
California4 monthsLetters issuedNoneYes (13.3% top rate)
Nevada90 daysFirst publicationNoneNone
Idaho4 monthsFirst publicationNoneYes (5.8% flat)
Alaska4 monthsFirst publicationNoneNone

5 Tips for Washington Personal Representatives

  1. File in a smaller county. Washington allows filing in any county's Superior Court — not just the county of domicile. Smaller counties often process petitions faster with less-congested dockets. Arrive when the courthouse opens, file, and ask about the same-day judge schedule.
  2. Get non-intervention powers. Request non-intervention powers when filing the petition (RCW 11.68). This allows you to manage the estate — pay debts, sell property, distribute assets — without returning to the court for approval at each step. Most Washington wills grant these automatically; if not, the court can grant them by order.
  3. Publish Notice to Creditors immediately. The 4-month creditor period doesn't start until you publish. Every week of delay is a week pushed back from distributions. Publish the day you receive your Letters.
  4. Check WA estate tax against current year threshold. Washington's $2,193,000 exemption is indexed annually. Check the current year's threshold with the Washington Department of Revenue before assuming no WA estate tax return is needed. Washington's estate tax threshold is significantly lower than the federal threshold — many estates that owe no federal estate tax still owe WA estate tax.
  5. Watch the WA capital gains excise tax. If the estate sells appreciated assets (real estate, stocks) at a gain exceeding $250,000, the 7% Washington capital gains excise tax (enacted 2022, upheld by WA Supreme Court 2023) may apply. Factor this into estate planning before approving significant asset sales.
Typical Washington Full Probate Duration: 6–12 Months
The 4-month creditor period is the primary constraint. With prompt publishing in Month 1, distributions can theoretically begin around Month 5. Add time for filing the petition, receiving Letters, filing the Inventory, paying debts and taxes, recording real estate deeds with the County Auditor, and filing the Declaration of Completion. Contested claims or real estate in multiple counties extend the timeline. Non-intervention powers (RCW 11.68) make Washington one of the more efficient probate states.

Ready to File Washington State Probate?

Our interactive guide covers all 14 steps — checklists, complete King County forms guide, letter templates, and non-intervention powers explained.

Get Your Washington Guide for $37.99 → Get all 50 states for $299 →