When Is Probate Required in Washington?

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); RCW 11.40.020 (notice/publication, permissive); RCW 11.40.051 (4-month creditor claims with notice, 24-month bar without); RCW 11.28.185 (bond); RCW 11.48.210 (reasonable PR/attorney fees); RCW 11.68 (nonintervention powers); RCW 36.18.020 + HB 1207 (2025 c 357, eff. 7/27/2025) (court filing fee surcharge) — verified against app.leg.wa.gov 2026-05-01Verified May 1, 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. Total costs generally range from 3-8% of the estate value 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.