When Is Probate Required in Washington?
In Washington, estates valued at $100,000RCW 11.62.010Verified Sep 9, 2026View source or less skip probate with the Small Estate AffidavitRCW 11.62.010Verified Sep 9, 2026View source, 40 daysRCW 11.62.010Verified Sep 9, 2026View source after death.
Washington allows estates valued at $100,000RCW 11.62.010Verified Sep 9, 2026View source or less to use the Small Estate AffidavitRCW 11.62.010Verified Sep 9, 2026View source, which avoids full probate administration. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 40 daysRCW 11.62.010Verified Sep 9, 2026View source after death.
Real property cannot be transferred through this procedure in Washington — an estate that includes real estate uses a separate process. Real estate held in a trust, or otherwise titled to pass outside the probate estate, transfers without probate. A transfer-on-death deed recorded before death also passes real estate outside probateRCW 64.80.010 to 64.80.904Verified Jul 15, 2026 in Washington. The Washington trust vs. will comparison sets the two routes side by side.
In Washington, the assets that pass outside probate are property held in a living trust, accounts with a named beneficiary (retirement accounts, life insurance, payable-on-death bank accounts), real estate with a recorded transfer-on-death deedRCW 64.80.010 to 64.80.904Verified Jul 15, 2026, and property owned jointly with right of survivorship. Everything the decedent owned alone, with no beneficiary named, is the probate estate.
In Washington, a simple estate typically takes 4 months to 6 months through probate, and an average estate 6 months to 9 months. An estate with a dispute, real estate in another state or an unusual asset runs longer. The creditor claim period of 4 monthsRCW 11.40.051Verified Sep 9, 2026View source sets the floor: final distribution waits for it to run.
The common ways to avoid probate in Washington are a funded revocable living trust, beneficiary designations on accounts, recording a transfer-on-death deed for real estateRCW 64.80.010 to 64.80.904Verified Jul 15, 2026, and titling property as joint tenants with right of survivorship. A trust covers every asset titled to it in one document; the other routes work asset by asset.
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Death of a Parent
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Named as Executor
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Learn moreForms for Settling an Estate in Washington
Free forms for settling an estate in Washington: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In Washington, the notice to creditors is published for 3RCW 11.40.020, 11.40.040, 11.40.051, 11.40.100, 11.76.110Verified Sep 15, 2026View source weeks in a local newspaper, and creditors have 4 monthsRCW 11.40.051Verified Sep 9, 2026View source from first publication to present claims.
Renunciation of Executor
In Washington, a person named as personal representative may decline to serveRCW 11.28.010; RCW 11.28.120(1)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Washington, the Small Estate AffidavitRCW 11.62.010Verified Sep 9, 2026View source covers estates valued at $100,000RCW 11.62.010Verified Sep 9, 2026View source or less, 40 daysRCW 11.62.010Verified Sep 9, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Washington, the personal representative files the estate inventory within 90 daysRCW 11.44.015; RCW 11.44.025Verified Sep 15, 2026View source of appointment.
Estate Closing
In Washington, the personal representative is discharged automatically once the statutory period runsRCW 11.68.110(2)(b)(iv), (3), (4), (5)Verified Sep 15, 2026View source, and no final accounting is required.
Tools for Settling an Estate in Washington
Free tools for settling an estate in Washington: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Washington, certified death certificates come from the Washington State Department of Health - Center for Health StatisticsWashington State Department of Health - Center for Health StatisticsVerified Oct 15, 2026View source; the first copy costs $25Washington State Department of Health - Center for Health StatisticsVerified Oct 15, 2026View source.
Do I Have to File Tax Returns for Someone Who Died?
Washington has no state income tax, so only the federal final Form 1040 is due for the decedentWash. Const. Art. VII, § 1; RCW 82.87.040 (capital gains excise tax)Verified Oct 3, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Washington: the personal representative files the estate inventory within 90 daysRCW 11.44.015; RCW 11.44.025Verified Sep 15, 2026View source of appointment; creditors have 4 monthsRCW 11.40.020, 11.40.040, 11.40.051, 11.40.100, 11.76.110Verified Sep 15, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
What Do I Do When Someone Dies?
After a death in Washington, the estate either qualifies for the simplified procedure for estates under $100,000RCW 11.62.010Verified Sep 9, 2026View source or goes through probate, where creditors have 4 monthsRCW 11.40.051Verified Sep 9, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Washington levies an estate taxRCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source above $3,000,000RCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source (top rate 20%RCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Washington, beneficiaries owe no inheritance tax and the estate pays any estate taxRCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source above $3,000,000RCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Washington take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces a 7% excise tax above $278,000, rising to 9.9% above $1,000,000; individuals only — estates and trusts are not subject to itRCW Ch. 82.87 (esp. § 82.87.040 rate, § 82.87.050 exclusions); ESSB 5096 (2021); SB 5813 Ch. 421 (2025 Laws) — added 9.9% tier on gains > $1MVerified Sep 15, 2026View source.
Hire a Washington Probate Attorney
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Washington Estate Settlement Resources
In-depth guides covering Washington probate, estate administration, and settling an estate.