When Is Probate Required in Washington?
Answer a few questions to find out if an estate needs full probate, qualifies for simplified procedures, or can avoid probate entirely.
Frequently Asked Questions
Washington allows a Small Estate Affidavit (disposition of personal property, debts by affidavit) for estates with personal property valued at $100,000 or less.RCW 11.62.010 (small estate, $100K, 40-day wait, personal property only; last amended 2008, no CPI escalator, no pending change); RCW 11.40.020 (notice/publication, permissive — "may give notice"; publication once a week for 3 successive weeks if given); RCW 11.40.051 (4-month creditor claims with notice, 24-month bar without); RCW 11.28.185 (bond; waived if will manifests intent, surviving spouse/DP takes entire estate, or bank/trust company; substitute security per RCW 11.130.445); RCW 11.44.015 (inventory within 3 months of appointment, court filing optional); RCW 11.48.210 ("just and reasonable" PR/attorney fees, no statutory percentage); RCW 11.68 / 11.68.011 (nonintervention powers / independent administration); RCW 36.18.020(2)(f) $200 + (5) $40 + (6) $50 = $290 flat filing fee (HB 1207 / 2025 c 357, eff. 7/27/2025). EHB 2445 / 2026 c 204 (eff. 6/11/2026, "ending probates for profit") amends RCW 11.28.185, 11.48.210, 11.68.011 — fee standard and bond waiver exceptions unchanged; adds bond + compensation restrictions for PRs appointed under RCW 11.28.120(3) — re-verified against app.leg.wa.gov 2026-06-10Verified Jul 14, 2026 There is a 40-day waiting period after the date of death before this procedure can be used.
Real estate in Washington generally requires probate to transfer ownership unless it was held in a trust, owned jointly with right of survivorship, or had a transfer-on-death deed recorded (if available in the state). A revocable living trust outlines alternatives to probate for real estate.
In Washington, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.
In Washington, simple estates typically take 4-6 months. Average estates take 6-9 months. Complex estates with disputes or unusual assets can take 9-18 months or longer.RCW 11.62.010 (small estate, $100K, 40-day wait, personal property only; last amended 2008, no CPI escalator, no pending change); RCW 11.40.020 (notice/publication, permissive — "may give notice"; publication once a week for 3 successive weeks if given); RCW 11.40.051 (4-month creditor claims with notice, 24-month bar without); RCW 11.28.185 (bond; waived if will manifests intent, surviving spouse/DP takes entire estate, or bank/trust company; substitute security per RCW 11.130.445); RCW 11.44.015 (inventory within 3 months of appointment, court filing optional); RCW 11.48.210 ("just and reasonable" PR/attorney fees, no statutory percentage); RCW 11.68 / 11.68.011 (nonintervention powers / independent administration); RCW 36.18.020(2)(f) $200 + (5) $40 + (6) $50 = $290 flat filing fee (HB 1207 / 2025 c 357, eff. 7/27/2025). EHB 2445 / 2026 c 204 (eff. 6/11/2026, "ending probates for profit") amends RCW 11.28.185, 11.48.210, 11.68.011 — fee standard and bond waiver exceptions unchanged; adds bond + compensation restrictions for PRs appointed under RCW 11.28.120(3) — re-verified against app.leg.wa.gov 2026-06-10Verified Jul 14, 2026 Estimate total costs with the Washington probate calculator.
Probate costs in Washington typically include attorney fees, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $30,624 depending on complexity. Use the Washington probate cost calculator for a detailed estimate.
The most common ways to avoid probate in Washington include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
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Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
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Calculators and checklists for executors and trustees.
Petition for Probate and Letters
Prepare the application to open probate and request Letters Testamentary or of Administration.
Notice to Creditors
Prepare the creditor notice for an estate — the official state form or a notice typeset to statute, plus mailed notices for known creditors.
Small Estate Affidavit
Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.
Estate Inventory
Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.
Estate Closing
Prepare the paperwork that closes the estate — the state's closing statement, petition for discharge, or final account, with the state's closing instructions and the optional federal forms.
Letter of Instruction
Prepare the letter of instruction a bank or insurer requests during estate settlement.
How Much Does Probate Cost?
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
How Much Can an Executor Charge?
Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.
Who Inherits Without a Will?
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
What's Fair Trustee Compensation?
Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
How Many Death Certificates Do I Need?
Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.
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Washington Estate Planning Resources
In-depth guides covering Washington probate laws, trust requirements, and estate planning strategies.