Free Washington Small Estate Affidavit

Prepare the Washington small estate affidavit for estates up to $100,000, plus presentation letters for each holder. RCW 11.62.010.

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Your Information

The Washington affidavit identifies the claiming successor and the basis of entitlement.

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About Washington Small Estate Affidavits

No statewide form. RCW 11.62.010(2) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$100,000, per RCW 11.62.010. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

40 days after the death (RCW 11.62.010). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

A person claiming to be a "successor" of the decedent: a person entitled to the claimed property under the will or intestacy, the surviving spouse or domestic partner as to their community-property half, DSHS for certain recovery claims, or the state for escheat property; creditors as such are excluded. RCW 11.62.005(2), 11.62.010(1).

The person indebted to the decedent or having possession of personal property belonging to the decedent (or to the decedent and surviving spouse/domestic partner as community property), with proof of death. Transfer agents change registered ownership of securities and government agencies issue new ownership/license certificates on the same presentation (§ 11.62.010(3)). A copy of the affidavit, including the decedent's social security number, must be mailed to the Washington Department of Social and Health Services, office of financial recovery (§ 11.62.010(5)).

The person paying, delivering, transferring, or issuing property under the affidavit is discharged and released as if dealing with a personal representative, unless the holder had actual knowledge of the falsity of a required statement; the holder need not see to the application of the property or inquire into the truth of the affidavit or estate tax liability. On competing affidavits, the holder may honor the first received or implead the property. Recipients remain answerable and accountable to any personal representative of the estate or other person with a superior right (RCW 11.62.020).

Personal property only: RCW 11.62.010 reaches debts and personal property that are probate assets; "personal property" includes tangible property, instruments, and intangibles (RCW 11.62.005(1)) but not real property. Washington has no small-estate real-property affidavit; estates with real property use probate (ch. 11.28) or the lack-of-probate-alternative procedures outside this chapter. RCW 11.62.005(1), 11.62.010.

Small Estate Collection in Washington

The Washington small estate affidavit (disposition of personal property, debts by affidavit) is prepared by the successor — RCW 11.62.010(2) governs its contents — and collects a small estate's property without probate administration.

The RCW 11.62.010 limit is $100,000. The affidavit can be signed 40 days after the death. An estate over the limit is administered through probate instead.

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Frequently Asked Questions About Washington Small Estate Affidavits

No statewide form. RCW 11.62.010(2) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$100,000, per RCW 11.62.010. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

40 days after the death (RCW 11.62.010). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

Small Estate Collection in Washington

The RCW 11.62.010 limit is $100,000. The affidavit can be signed 40 days after the death. An estate over the limit is administered through probate instead.

Free Washington Small Estate Affidavit

Your Information

Frequently Asked Questions About Washington Small Estate Affidavits