A house or land without probate in Washington

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.

Checked against official sources: October 30, 2026.

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

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
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

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

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

Related pages

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.