Not every estate that goes through the probate process needs to go through the full probate process. Washington law provides a simplified alternative for smaller estates—a small estate affidavit under RCW 11.62—that allows a successor to collect and transfer a deceased person’s assets without opening a formal probate proceeding at all.
When it applies, the small estate affidavit is one of the fastest and least expensive tools in Washington estate law. When it doesn’t apply, using it anyway can create serious problems. Understanding the rules is essential before relying on this shortcut.
The dollar threshold for a small estate affidavit in Washington
Under RCW 11.62.010, the small estate affidavit is available when the total value of the deceased person’s probate assets does not exceed $100,000. This threshold applies to the net value of assets subject to probate—not the gross value of everything the deceased owned.
“Probate assets” means assets that would otherwise need to go through a court proceeding to transfer—generally, real estate owned in the deceased person’s name alone, without a co-owner or beneficiary designation. Assets that pass outside of probate (discussed below) do not count toward the limit.
The $100,000 threshold is a hard cap. If the probate estate exceeds it by even a small amount, the small estate affidavit process is not available, and formal probate must be opened.
Which assets count toward the limit—and which don’t
This is where many families make mistakes. The $100,000 threshold applies only to assets that would go through probate. Many common assets do not go through probate at all and therefore do not count:
Assets that do NOT count toward the $100,000 limit:
- Life insurance proceeds payable to a named beneficiary (other than “the estate”)
- Retirement accounts (IRAs, 401(k)s, pensions) with named beneficiaries
- Bank accounts and brokerage accounts with payable-on-death or transfer-on-death designations
- Property held in joint tenancy with right of survivorship
- Assets held in a funded revocable living trust
- Community property passing under a community property agreement
Assets that DO count toward the $100,000 limit (and require probate if they exceed it):
- Bank accounts or investment accounts in the deceased’s name alone, without beneficiary designations
- Vehicles titled in the deceased’s name alone
- Business interests held in the deceased’s name
- Personal property of significant value (art, jewelry, collectibles)
Before assuming a small estate affidavit will work, take stock of exactly what assets are in the deceased’s name alone and what their approximate values are. A quick review with an attorney can save a family from the awkward situation of discovering mid-process that the estate is too large and a formal probate was required all along.
A special note on real estate
Real estate deserves particular attention. Under RCW 11.62.010, a small estate affidavit generally cannot be used to transfer title to real property in Washington. Real property typically requires either a formal probate proceeding, a properly executed community property agreement, joint tenancy with right of survivorship, or a transfer-on-death deed (Washington authorized transfer-on-death deeds for real property under RCW 65.04.048) to pass outside of probate.
If the deceased owned real estate in their name alone, the small estate affidavit is likely not sufficient to clear title, and formal probate—or another planning mechanism—will be needed for that asset specifically. Other personal property in the estate may still be collectible by affidavit if the real estate is handled separately.
How to prepare a Washington small estate affidavit
A Washington small estate affidavit must meet the requirements of RCW 11.62.010. The person claiming the assets (the “successor”) signs a sworn statement that includes:
- A statement that the value of the entire estate subject to administration in Washington, wherever located, does not exceed $100,000
- A description of the property being claimed
- A statement that no probate proceeding is currently pending in Washington or any other state
- The basis for the successor’s right to receive the property (e.g., as a named heir, spouse, or beneficiary)
- A statement that at least 40 days have passed since the date of death
The affidavit must be notarized. There is no standard court-issued form in Washington, though an attorney can prepare one that meets all of the statutory requirements.
The 40-day waiting period
One requirement that trips people up is the mandatory waiting period. A small estate affidavit cannot be presented to collect assets until at least 40 days after the date of death. This is a hard rule—presenting an affidavit before the 40 days are up is not valid, and institutions are entitled to refuse it.
The waiting period exists to give creditors and other interested parties a minimum opportunity to assert claims before assets are transferred out. It is relatively short compared to the creditor claim periods in formal probate, but it is mandatory.
What banks, brokerages, and the DMV typically require
Different institutions have different procedures for accepting a small estate affidavit, and none of them are required to release assets based on an affidavit that is deficient or that raises questions they cannot resolve. In practice:
- Banks and credit unions typically require the affidavit to be presented in person, along with the death certificate and valid government-issued identification. Many institutions have internal dollar limits below which they will release funds relatively easily, and above which they require additional documentation or formal probate letters. Some banks have their own internal affidavit forms they prefer to use. It is worth calling ahead to find out what a particular institution requires.
- Brokerage and investment accounts may be more conservative than banks. Many require the account value to be below a certain threshold—sometimes lower than the statutory $100,000—before they will release assets by affidavit. Larger accounts almost always require formal probate letters, even if the estate technically qualifies for the small estate process.
- The Washington Department of Licensing (vehicles) has its own procedures for transferring vehicle titles using a small estate affidavit. The process generally involves presenting the affidavit, death certificate, and title to a licensing office, and paying standard transfer fees.
- Other institutions (insurance companies, retirement plan administrators, government agencies) each have their own procedures. Some will process transfers quickly; others require more documentation. When in doubt, call the institution before presenting the affidavit to confirm what they need.
When a small estate affidavit isn’t enough
The small estate affidavit process is efficient, but it is not always available. Full probate is needed when:
- The probate estate exceeds $100,000 in value
- The estate includes real property that cannot be transferred another way
- A creditor disputes the transfer and demands a formal proceeding
- The institution holding the assets refuses to accept the affidavit
- The deceased’s debts are complex or disputed
- There is a will contest or other dispute among family members
In these situations, opening a formal probate in the Washington Superior Court is the correct path. That process is more involved, but it provides the legal certainty and court oversight that more complex situations require.
It is also worth noting that the small estate affidavit does not insulate the successor from the deceased’s debts. By signing the affidavit, the successor affirms that the deceased’s debts will be paid from the collected assets before anything is distributed. A successor who collects assets by affidavit and fails to pay valid creditors can face personal liability.
Frequently Asked Questions
Does the 40-day waiting period ever start before the date of death?
No. The 40-day period begins on the date of death and cannot be shortened. The affidavit cannot be presented to collect assets until that period has passed.
Can multiple people use a small estate affidavit for different assets?
Yes, in theory. If multiple people have a right to different assets of the estate, each can present an affidavit for their respective claim. However, the total probate estate value must still be under $100,000, and each person signing an affidavit takes on personal responsibility for ensuring the deceased’s debts are addressed.
What if the estate turns out to be larger than we thought after we’ve already used an affidavit?
If additional assets are discovered that push the estate over the $100,000 threshold after an affidavit has already been used, the situation becomes complicated. At that point, formal probate may need to be opened and the affidavit-collected assets may need to be brought back into the estate. Consulting an attorney before proceeding is strongly advisable in this scenario.
Is there a court fee for using a small estate affidavit?
No. One of the advantages of the small estate affidavit process is that it does not involve filing anything with the court. There are no court fees associated with the affidavit itself, though individual institutions may charge transfer fees (the DMV, for example, charges standard vehicle title transfer fees).
Can I use a small estate affidavit if there is a will?
Yes. The small estate affidavit process is available regardless of whether the deceased left a will, as long as the estate otherwise qualifies. The existence of a will does not require the estate to go through formal probate if the affidavit process is available and sufficient. This can save money.
Conclusion
For families dealing with a smaller estate, the small estate affidavit is one of Washington’s most practical tools—a way to transfer assets efficiently without the time and expense of a formal probate proceeding. Whether it is the right tool for your situation depends on the size and composition of the estate and what the institutions holding the assets will accept.
If you are unsure whether a small estate affidavit will work, or if you have run into a situation where an institution is not cooperating, we can help you figure out the right path forward. Give us a call—the first conversation is free.