Letter to a bank or other holder in Washington

A letter that presents the small estate affidavit you have already signed. It says what you enclose and asks the holder to release the property.

Required when you mail the letter.

It goes into the letter only. It is never saved or sent to us.

Papers you are enclosing

Check what you will include. Only checked items go in the letter.

It goes into the letter as you type it. You can add a ready-made sentence:

Other formats

Do not send original documents unless the holder asks; keep copies. Sign the letter and keep a copy.

Official forms (linked, not reproduced here)

This site does not write the affidavit. Use the official form or the holder's own form:

Before you send it

Some banks have their own form or ask for a notary. Call the bank's estates department first and ask what it needs. Keep a copy of everything you send.

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
  1. Wait until at least 40 days after the death.
  2. Pay or provide for all the person's debts, including funeral and burial costs.
  3. Add up the probate estate, wherever located, minus liens, without the spouse's community half; it must be $100,000 or less.
  4. Give written notice of your claim, describing the property, to all other successors by personal service or mail, and wait at least 10 days.
  5. Sign the Small Estate Affidavit before a notary.
  6. Mail a copy, with the person's Social Security number, to DSHS Office of Financial Recovery, PO Box 9501, Olympia, WA 98507-9501.
  7. 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

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

Bank account (POD)

Yes

Law: RCW 30A.22

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

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

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.

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.