Washington Small Estate Affidavit

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.

Forms

Law: RCW 11.62.005, 11.62.010, 11.62.020

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

Questions about small estates in Washington

How long must I wait to use the affidavit 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.

What does the affidavit cost in Washington?

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.

Am I responsible for debts if I use the affidavit in Washington?

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.

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.