Small Estate Affidavit vs. Full Probate in Washington State

What Is Washington's Small Estate Affidavit?

Washington State offers a simplified option for small estates that lets heirs collect a deceased person's assets without going through the full probate process. This procedure is governed by RCW 11.62.010 and is commonly called the "small estate affidavit" or "affidavit of right."

Instead of opening a probate case at Superior Court, an heir or successor simply presents a sworn written statement — the affidavit — directly to the bank, brokerage, or other institution holding the asset. If the institution is satisfied, it releases the funds or property without any court involvement.

This can save weeks or months of court procedure, avoid filing fees, and eliminate the need for a probate attorney in straightforward situations.

The Key Requirements: $100,000 Threshold and 40-Day Waiting Period

To use the small estate affidavit in Washington, two main conditions must be met:

• The total value of personal property subject to the affidavit must not exceed $100,000. This is the gross value of probate assets — not net value after debts. If the estate has $95,000 in a bank account and $20,000 in a car, the combined $115,000 exceeds the limit.
• At least 40 days must have passed since the date of death. You cannot present the affidavit before this waiting period expires, even if the estate clearly qualifies in every other way.

The affidavit itself must be signed under oath and must state that the person presenting it is entitled to the asset under the decedent's will or under Washington's intestacy laws, that no probate proceeding has been commenced, and that the total estate value does not exceed $100,000.

What Assets Don't Qualify for the Affidavit?

The small estate affidavit only covers personal property that would otherwise pass through probate. Several common asset types are outside its scope entirely:

• Real estate: The affidavit cannot be used to transfer title to real property. If the decedent owned a home, land, or any real estate interest solely in their name, you will need to open a formal probate case at Superior Court to transfer title — or use a separate legal mechanism if available (such as joint tenancy survivorship).
• Assets that already have a named beneficiary: Life insurance policies, retirement accounts (IRAs, 401(k)s), payable-on-death bank accounts, and transfer-on-death accounts pass automatically to the named beneficiary outside of probate. These don't need the affidavit — the beneficiary simply presents a death certificate and their own ID to claim them.
• Joint tenancy property: Property held in joint tenancy with right of survivorship passes automatically to the surviving joint tenant by operation of law.
• Assets exceeding $100,000: If the combined probate personal property exceeds $100,000, the affidavit procedure is not available and full probate is required.

When Full Probate at Superior Court Is Required

If any of the following apply, you will need to open a formal probate case at the Superior Court in the county where the decedent lived:

• The decedent owned real estate titled in their name alone (or as a tenant in common)
• The total probate personal property exceeds $100,000
• An institution refuses to honor the affidavit and insists on Letters Testamentary
• There are creditor disputes or contested claims against the estate
• Heirs are in disagreement about how assets should be divided

Full probate involves filing a Petition for Probate, having the court appoint a Personal Representative, publishing a Notice to Creditors, filing an Inventory, and ultimately obtaining a court Order of Distribution. While more involved, it is a process that executors regularly complete without an attorney in Washington — especially with a clear will and cooperative heirs.

A Word of Caution: Some Banks Still Want Letters Testamentary

Even when an estate clearly qualifies for the small estate affidavit — the value is under $100,000, 40 days have passed, no real estate is involved — some financial institutions will still refuse to release funds without official Letters Testamentary issued by a probate court. This is a conservative internal policy, not a legal requirement, but you cannot force a bank's hand without going to court.

Before relying on the affidavit route, call the institution's estate department and ask specifically whether they accept Washington small estate affidavits under RCW 11.62.010, or whether they require Letters Testamentary. Get that answer before the 40-day waiting period ends, so you're not surprised.

If a bank refuses, opening a probate case is still straightforward for simple estates. Washington's non-intervention probate process allows the Personal Representative to act independently without seeking court approval for most decisions, which keeps things moving efficiently even when full probate becomes necessary.

More Washington State Probate Guides

• What Happens If There's No Will in Washington State?
• How Long Does Probate Take in Washington State?
• Do You Need a Lawyer to File Probate in Washington State?
• Washington State Probate Court Forms: A Complete List