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, 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 Jun 19, 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 $32,940 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.