Ancillary Probate in Washington: How to Avoid It
What Happened
A Seattle estate planning firm published a detailed explanation of ancillary probate, using a hypothetical Washington resident named Sarah to illustrate how out-of-state property ownership creates a second, separate probate proceeding. The article, written by attorney Marisa Russell, builds on a prior post that introduced the scenario: Sarah owned a rental property in Oregon at the time of her death. Her Washington-appointed personal representative could handle most of her assets through the Washington probate process, but the Oregon real property required a completely separate probate proceeding in Oregon.
This second proceeding carries its own court costs, attorney fees, timelines, and administrative burden. The Oregon proceeding runs parallel to or after the Washington proceeding, meaning Sarah's estate faced two separate legal processes, two sets of fees, and two different court systems before her family received the full benefit of her estate. The article identifies this as an ancillary probate — a supplemental court proceeding required in any state where a decedent owned real property titled in their individual name.
The piece presents two primary strategies Sarah could have used to avoid this outcome. The first involves transferring the out-of-state property into a revocable living trust during her lifetime. The second involves holding the property through a limited liability company, so that the estate addresses a membership interest rather than the real property itself. The article closes with a principle that applies broadly to estate planning: how an asset is owned can matter just as much as who ultimately receives it.
What It Means
Washington families who own real estate in other states face a specific and often overlooked risk. Washington's probate process already carries real costs. The court filing fee alone runs $290RCW 36.18.020(2)(f), (5)(c), (6)Verified Sep 9, 2026, and attorney fees typically range from 2.2%RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source to 3.5%RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source of the estate's value. A typical Washington probate takes 6 months to 9 months to complete. When a second state's probate process runs alongside or after the Washington proceeding, families absorb those costs and delays twice — once in Washington and once in the state where the property sits. Each state sets its own filing fees, creditor claim periods, and attorney fee norms, so the total burden depends on the specific combination of states involved.
Washington's Small Estate AffidavitRCW 11.62.010Verified Sep 9, 2026View source offers one path around Washington probate for smaller estates, but it only applies when the entire estate subject to probate falls at or below $100,000RCW 11.62.010Verified Sep 9, 2026View source. Critically, the threshold measures the decedent's entire probate estate — including any out-of-state real property — not just personal property. An Oregon rental property with significant equity could push an otherwise modest estate over that ceiling, forcing full probate in Washington in addition to ancillary probate in Oregon. Families who assume they qualify for simplified administration based on Washington assets alone may find that out-of-state real estate changes the calculation entirely.
The two strategies the article describes each address the core problem differently. A revocable living trust removes the property from the probate estate entirely. Washington recognizes trusts as a separate mechanism for transferring property, including real property in other states. When the trust owns the Oregon rental, no Oregon court needs to validate the transfer — the successor trustee administers the property according to the trust's terms. Washington also recognizes transfer-on-death deeds for in-state real property, though this tool does not extend to property located in other states. The LLC approach works differently: instead of eliminating the probate trigger, it changes what the estate owns. The estate addresses a membership interest — a personal property asset — rather than the real property itself. The LLC's operating agreement governs what happens to that interest at death, giving the owner significant flexibility in structuring succession. Both strategies require action during the owner's lifetime. Neither option eliminates the need for planning; both require the owner to restructure how they hold the asset before death. Families who own vacation homes, rental properties, or raw land in other states carry this exposure until they act. You can learn more about how trusts help families avoid probate and why funding a trust matters as much as creating one.
Context from SimplyTrust
Washington residents with out-of-state property sit at the intersection of two state probate systems. Understanding the full cost picture — across both Washington and the state where the property sits — helps families weigh whether restructuring ownership makes financial sense. SimplyTrust's free probate cost calculator provides state-specific estimates for Washington probate fees, attorney costs, and timeline. For families evaluating whether their estate qualifies for Washington's small estate procedure or whether full probate applies, the Do I Need Probate tool walks through the key thresholds and asset types that drive that determination.
The principle the source article identifies — that ownership structure matters as much as beneficiary designation — applies to every asset in an estate plan, not just out-of-state real property. A revocable living trust addresses this comprehensively by removing titled assets from the probate estate across all states. For Washington families who want to understand what the probate process actually involves before deciding how to structure their plan, SimplyTrust's overview of what probate is and how it works provides a clear foundation. Families navigating the administration of an estate that already includes out-of-state property can also use the estate settlement checklist to track the steps involved across both proceedings.
