Settle a small estate in Washington without probate
In Washington this is called: Small estate affidavit. If the person lived in Washington and their probate estate, minus liens, is worth $100,000 or less (not counting the surviving spouse's half of community property), a person who inherits can collect personal property, such as bank accounts and cars, with a sworn affidavit 40 days after the death, without a court case.
Up to $100,000, 40 days after the death, no court filing.
Checked against official sources: October 30, 2026.
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Free tools
Small estate checker
Add up the estate and compare it with the Washington limit for the date of death.
Letter to a bank
Present your signed affidavit to a bank or other holder in Washington.
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for Washington, by procedure.
Car, bank, house in Washington
Car or other vehicle
If no executor or administrator has been appointed, an heir can transfer a vehicle or vessel with the DOL Affidavit of Inheritance/Litigation, the title, and a copy of the death certificate; an odometer disclosure or release of interest may also be needed.
Bank accounts
Accounts with a payable-on-death beneficiary or a surviving joint owner pass to that person outside probate. For an account in the person's name alone, a successor can use the Small Estate Affidavit after 40 days if the probate estate is $100,000 or less.
House or land
An owner can sign a transfer on death deed naming a beneficiary for real estate. It must have the formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded with the county auditor where the property is before the owner dies.
Related pages
- Small estate affidavit in Washington
- Car title after a death in Washington
- Bank accounts after a death in Washington
- House without probate in Washington
- Small estate checker for Washington
- Letter to a bank in Washington
- Balance request letter for Washington
- What-to-gather checklist for Washington
- All about small estates in Washington
Small Estate Affidavit (RCW 11.62.010)
A sworn statement you give to the bank, company, person or government agency holding the person's personal property, with proof of death, so they pay or deliver it to you. It is not required to be filed with a court, and a copy must be mailed to DSHS Office of Financial Recovery.
- Limit
Up to $100,000 Counted after subtracting liens (what is owed on the property).
The person's entire probate estate, wherever located, minus liens and encumbrances, and not counting the surviving spouse's or domestic partner's community property interest, cannot be worth more than $100,000.
- What counts
The value of the person's entire estate subject to probate, wherever located, minus liens and encumbrances. The surviving spouse's or domestic partner's own community property half is not counted. The person's equity in real estate counts even though real estate cannot be claimed with the affidavit. Property that passes outside probate (joint tenancy with survivorship, community property agreement, living trust, named beneficiary) is not counted.
- Waiting period
At least 40 days must have passed since the death. You must also give written notice of your claim to all other successors, by personal service or mail, and wait at least 10 days after serving or mailing it.
- Who can use it
A 'successor': a person entitled to the property under the will or by Washington inheritance law; the surviving spouse or registered domestic partner for their half of the community property; DSHS for amounts it paid; or the state for escheat property. Creditors are not successors. The person who signs must be personally entitled to the property claimed, or have written authority from all other successors with an interest in it. The person who died must have been a Washington resident.
- Court or where to file
Not required to be filed with a court. You give it to the holder of the property. Some county superior court clerks accept it for filing (for a fee) and some counties prefer that; ask the clerk. A copy must be mailed to DSHS Office of Financial Recovery.
- Notary
The law calls for an affidavit (a sworn statement). The legal aid form is signed before a notary; DSHS Office of Financial Recovery requires a notarized affidavit, and other holders may too.
- Papers to attach
- Proof of death (certified death certificate)
- A description of the personal property claimed, with a statement that it is subject to probate
- Copy of the will, if there is one that was not probated
- Written authorization from the other successors, if you claim on their behalf (notarized, with ID copies, for claims from DSHS OFR)
- Copy of the affidavit, including the person's Social Security number, mailed to DSHS Office of Financial Recovery
- Steps
- Wait until at least 40 days after the death.
- Pay or provide for all the person's debts, including funeral and burial costs.
- Add up the probate estate, wherever located, minus liens, without the spouse's community half; it must be $100,000 or less.
- Give written notice of your claim, describing the property, to all other successors by personal service or mail, and wait at least 10 days.
- Sign the Small Estate Affidavit before a notary.
- Mail a copy, with the person's Social Security number, to DSHS Office of Financial Recovery, PO Box 9501, Olympia, WA 98507-9501.
- Give the affidavit and proof of death to each holder of the property.
- Fee
No court filing fee is required because filing is not required. If a county clerk accepts the affidavit for filing, there is usually a small filing fee set by the county.
- Debts and responsibility
The person who receives property by affidavit is answerable and accountable for it to any personal representative later appointed and to any other person with a better right. The affidavit states that all debts, including funeral and burial costs, have been paid or provided for.
- What the bank or holder must do
On proof of death and a proper affidavit, the holder must pay or deliver the property; a transfer agent must re-register securities; and any government agency that issues certificates of ownership or registration (such as for a vehicle) must issue a new one to the successor. A holder who pays is discharged and released as if it had dealt with a personal representative, unless it actually knew a statement was false, and does not have to check the statements. If the holder refuses, the property can be recovered in a court proceeding. No tax release may be required.
Law: RCW 11.62.005, 11.62.010, 11.62.020
Source: Official page
Payment of a small bank account ($2,500 or less) without a personal representative
A bank may pay an account of $2,500 or less to the surviving spouse, next of kin, funeral director or a creditor, on proof of death and an affidavit that no personal representative has been appointed.
- Limit
Up to $2,500
The balance in the person's name at the financial institution cannot be more than $2,500. A credit union may also pay up to $1,000 on deposit to the surviving spouse or domestic partner on an affidavit.
- What counts
The balance of the funds in the person's name at that financial institution.
- Waiting period
The law sets no waiting period.
- Who can use it
The surviving spouse, next of kin, funeral director, or another creditor who appears entitled to it.
- Court or where to file
Given to the bank.
- Papers to attach
- Proof of death
- Affidavit that no personal representative has been appointed for the estate
- Steps
- Ask the bank whether the balance is $2,500 or less.
- Give the bank proof of death and the affidavit; the bank may ask for waivers, indemnity or other proof.
- Fee
Not filed with a court.
- Debts and responsibility
The person paid is answerable and accountable to any personal representative later appointed.
- What the bank or holder must do
The bank may pay; the law allows it but does not require it, and the bank may require waivers, indemnity and receipts.
Law: RCW 30A.22.190(2), 11.62.030
Source: Official page
Payment of wages owed at death
If no executor or administrator has been appointed, an employer must pay wages owed, up to $10,000, to the surviving spouse on request, or if there is no spouse, to the children, or if none, to the parents. There is no limit if the employer is the state or a municipal corporation.
- Limit
Up to $10,000
Up to $10,000 from a private employer. No limit if the employer is the state of Washington or a municipal corporation. With a community property agreement that makes the wages the spouse's property, the employer pays the full amount.
- What counts
Wages owed by the employer for work performed.
- Waiting period
The law sets no waiting period.
- Who can use it
The surviving spouse; if none, the children; if none, the father or mother.
- Court or where to file
Asked of the employer.
- Notary
The employer requires an affidavit or declaration of your relationship to the person.
- Papers to attach
- Affidavit or declaration of your relationship to the person
- Community property agreement and declaration, if the spouse claims the full amount under one
- Steps
- Ask the employer to pay the wages owed.
- Give the affidavit or declaration of relationship.
- Sign a written receipt for the payment.
- Fee
Not filed with a court.
- What the bank or holder must do
The employer must pay on request ("shall"). Payment fully discharges the employer, which is not later liable to the estate.
Law: RCW 49.48.120
Source: Official page
What counts toward the limit in Washington
Add up the value of everything the person owned that is subject to probate, wherever it is located, and subtract liens and encumbrances (such as a mortgage or car loan). Do not count the surviving spouse's or domestic partner's own half of community property. Do not count property that passes outside probate.
Law: RCW 11.62.010(2)(c)
In this state the total is counted after subtracting liens.
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Bank accounts in the person's name alone, with no payable-on-death beneficiary, are subject to probate and count. Law: RCW 11.62.010(2)(c) |
Joint or payable-on-death (POD) bank accounts | Left out | Accounts with a direct beneficiary or a surviving joint owner with right of survivorship pass outside probate and are not counted. Law: RCW 11.62.010(1) |
Cars and other vehicles | Counts | A vehicle subject to probate counts at its value minus any loan. The Department of Licensing issues a new title to the successor on the affidavit and proof of death. Law: RCW 11.62.010(3) |
Boats and mobile or manufactured homes | Counts | Boats and other titled personal property subject to probate count, minus liens. Law: RCW 11.62.010(2)(c) |
Real estate in Washington | Counts | The person's equity in real estate counts toward the $100,000, even though the affidavit cannot transfer real estate. Law: RCW 11.62.010(2)(c) |
Main home (primary residence) | Counts | The person's equity in their home counts toward the limit (value minus mortgage), unless it passes outside probate, for example by survivorship, a community property agreement or a recorded transfer on death deed. Law: RCW 11.62.010(2)(c); RCW 64.80 |
Real estate in another state | Counts | The limit covers the entire probate estate 'wherever located', so equity in real estate in other states counts. Law: RCW 11.62.010(2)(c) |
Unpaid wages owed to the person | Not clear | An employer must pay up to $10,000 of wages directly to the spouse or family. The small estate statute does not say whether such wages count toward the $100,000. Law: RCW 49.48.120 |
Military pay owed to the person | Not clear | The small estate statute does not mention military pay owed to the person. Law: RCW 11.62.010 |
Life insurance or retirement money paid to a named person | Left out | Life insurance, retirement accounts and employee benefits paid to a named beneficiary pass outside probate and are not counted. |
Life insurance or retirement money paid to the estate | Counts | Benefits payable to the person's estate are subject to probate and count. Law: RCW 11.62.010(2)(c) |
Property in a living trust | Left out | Property distributed under a living trust passes outside probate and is not counted. |
Property owned jointly with right of survivorship | Left out | Property held in joint tenancy with right of survivorship passes to the survivor and is not counted. |
Property going to a surviving spouse | Left out | The surviving spouse's or domestic partner's own half of community property is not counted, and property passing under a community property agreement is outside probate. The person's half of community property that is subject to probate does count. Law: RCW 11.62.010(2)(c); RCW 26.16.120 |
Stocks, bonds and brokerage accounts | Counts | Stocks and bonds subject to probate count; a transfer agent must re-register them on the affidavit. Law: RCW 11.62.010(3) |
Furniture, jewelry and other belongings | Counts | Furniture, jewelry, collectibles, electronics and other belongings count at their value minus any liens. Law: RCW 11.62.005(1), 11.62.010(2)(c) |
Source: Official page
Car or vehicle title after a death in Washington
If no executor or administrator has been appointed, an heir can transfer a vehicle or vessel with the DOL Affidavit of Inheritance/Litigation, the title, and a copy of the death certificate; an odometer disclosure or release of interest may also be needed. The affidavit is signed before a notary or a Washington vehicle licensing agent. A government agency that issues certificates of ownership must also issue a new one on a Small Estate Affidavit and proof of death. A surviving joint owner with right of survivorship needs a copy of the death certificate; a spouse under a community property agreement needs the death certificate and a copy of the agreement.
Law: WAC 308-56A-335; RCW 11.62.010(3)
- Agency
- Washington State Department of Licensing (DOL)
- Fee
DOL charges its standard title transfer fees; ask a vehicle licensing office.
Source: Official page
Bank accounts after a death in Washington
Accounts with a payable-on-death beneficiary or a surviving joint owner pass to that person outside probate. For an account in the person's name alone, a successor can use the Small Estate Affidavit after 40 days if the probate estate is $100,000 or less. If the balance at a bank is $2,500 or less, the bank may pay the surviving spouse, next of kin, funeral director or a creditor on proof of death and an affidavit that no personal representative has been appointed. A surviving spouse with a recorded community property agreement can receive all funds with a certified copy of the agreement and an affidavit.
Law: RCW 30A.22.190, 11.62.010
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in Washington
- Real estate (TOD deed)
Yes · Transfer on death deed
An owner can sign a transfer on death deed naming a beneficiary for real estate. It must have the formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded with the county auditor where the property is before the owner dies.
Law: RCW 64.80.050, 64.80.060
- Bank account (POD)
Yes
Law: RCW 30A.22
- Securities (TOD)
Yes
Law: RCW 21.35 (Uniform Transfer on Death Security Registration Act)
Source: Official page
Surviving spouse in Washington
Washington is a community property state. The surviving spouse or registered domestic partner already owns half of the community property, and that half is not counted toward the $100,000 limit; the spouse can claim it as a 'successor' by affidavit. Spouses can sign a community property agreement that passes community property to the survivor at death without probate; a bank pays the survivor on a certified recorded copy and an affidavit. An employer must pay up to $10,000 of wages owed to the surviving spouse on request, and a credit union may pay up to $1,000 on deposit to the spouse.
Law: RCW 26.16.120, 30A.22.190(1); RCW 49.48.120; RCW 11.62.030
Debts of the person in Washington
The small estate affidavit requires that all debts of the person, including funeral and burial expenses, have been paid or provided for. Anyone who receives property by affidavit must account for it to a later personal representative or to anyone with a better right.
Law: RCW 11.62.010(2)(f), 11.62.020
Medicaid estate recovery in Washington
A copy of every small estate affidavit, with the person's Social Security number, must be mailed to DSHS Office of Financial Recovery, PO Box 9501, Olympia, WA 98507-9501. OFR recovers state-funded long-term care services (at any age) and Medicaid services received at age 55 or older (nursing facility, home and community-based services, and related hospital and prescription costs). For people 55 or older, Washington recovers from the probate estate and from nonprobate assets as defined in RCW 11.02.005. DSHS waives recovery when it would cause undue hardship, and treats a surviving domestic partner like a surviving spouse.
Law: RCW 11.62.010(5); RCW 11.62.010(5), 43.20B.080
- Agency
- Washington State Department of Social and Health Services (DSHS), Office of Financial Recovery (OFR)
- Phone
- 360-664-5700
- Official page
- Official page
Who inherits with no will in Washington
If there is no will, the surviving spouse or registered domestic partner gets all of the person's share of community property, plus one-half of the separate property if the person had children or other descendants, three-quarters if there are no descendants but a parent or a parent's descendant survives, or all of it otherwise. The rest goes to the person's descendants, then parents, then brothers and sisters and their descendants, then grandparents and their descendants.
Law: RCW 11.04.015
Source: Official page
Death certificates in Washington
Only certain people may get a certified death certificate; a successor will usually qualify. The CDC directory lists the fee as $25.00 per copy; check the current fee with the Department of Health.
Law: RCW 70.58A.530
- Where to get it
- Washington State Department of Health, Center for Health Statistics, or the local health department
- Official page
- Official page
Where to file in Washington
The Small Estate Affidavit does not have to be filed with a court; you give it with proof of death to each holder, and mail a copy to DSHS Office of Financial Recovery. Some county superior court clerks accept it for filing for a fee; call the clerk in the county where the property is or where the person lived. Vehicles go through the Department of Licensing with its Affidavit of Inheritance. A transfer on death deed must have been recorded with the county auditor before the death.
Good to know in Washington
- In Washington, the surviving spouse's or domestic partner's half of community property is not counted toward the $100,000 small estate limit.
- Before signing the small estate affidavit, you must give written notice to all other successors and wait 10 days, and all debts including funeral costs must be paid or provided for.
- A copy of every small estate affidavit, with the person's Social Security number, must be mailed to DSHS Office of Financial Recovery.
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in Washington
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- WashingtonLawHelp (Northwest Justice Project and partners)
- Washington State Bar Association: Find legal help
- WashingtonLawHelp: Manage a small estate yourself
- Washington DOL: Affidavit of Inheritance/Litigation
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372
More help on our sister sites
Questions about small estates in Washington
What is a small estate affidavit called in Washington?
In Washington this is called: Small estate affidavit. If the person lived in Washington and their probate estate, minus liens, is worth $100,000 or less (not counting the surviving spouse's half of community property), a person who inherits can collect personal property, such as bank accounts and cars, with a sworn affidavit 40 days after the death, without a court case.
What is the small estate limit in Washington?
Up to $100,000, 40 days after the death, no court filing.
How long do I wait in Washington?
At least 40 days must have passed since the death. You must also give written notice of your claim to all other successors, by personal service or mail, and wait at least 10 days after serving or mailing it.
Do I have to go to court in Washington?
Not required to be filed with a court. You give it to the holder of the property. Some county superior court clerks accept it for filing (for a fee) and some counties prefer that; ask the clerk.
How do I transfer a car after a death in Washington?
If no executor or administrator has been appointed, an heir can transfer a vehicle or vessel with the DOL Affidavit of Inheritance/Litigation, the title, and a copy of the death certificate; an odometer disclosure or release of interest may also be needed.
What happens to a bank account after a death in Washington?
Accounts with a payable-on-death beneficiary or a surviving joint owner pass to that person outside probate. For an account in the person's name alone, a successor can use the Small Estate Affidavit after 40 days if the probate estate is $100,000 or less.
Who inherits in Washington if there is no will?
If there is no will, the surviving spouse or registered domestic partner gets all of the person's share of community property, plus one-half of the separate property if the person had children or other descendants, three-quarters if there are no descendants but a parent or a parent's descendant survives, or all of it otherwise.
Do I owe the person's debts in Washington?
The small estate affidavit requires that all debts of the person, including funeral and burial expenses, have been paid or provided for. Anyone who receives property by affidavit must account for it to a later personal representative or to anyone with a better right.
- RCW 11.62.010
- RCW 11.62.005
- RCW 11.62.020
- RCW 11.62.030
- RCW 30A.22.190
- RCW 49.48.120
- RCW 26.16.120
- RCW 64.80.060
- RCW 43.20B.080
- RCW 11.04.015
- WAC 308-56A-335
- DOL TD-420-041 Affidavit of Inheritance/Litigation (R/2/18)
- WashingtonLawHelp: Manage a small estate yourself (Northwest Justice Project, reviewed May 6, 2025)
- Northwest Justice Project Small Estate Affidavit form (Rev. 08/2025)
- DSHS Office of Financial Recovery
- CDC NCHS Where to Write for Vital Records: Washington