How Does Step-Up in Basis Work in Washington?

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.

When someone dies, the cost basis of the property they leave is reset to its fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014. A later sale is taxed on the gain above that stepped-up basis, not above what the original owner paid, so the appreciation of the owner's lifetime is never taxed. The rule is federal and applies in Washington as in every state.

State capital gains tax is a separate layer from the federal tax. After the step-up, 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. The step-up still matters: it sets the gain on which both the federal and the state tax are figured.

For the capital gains tax, inheriting is usually better than receiving a lifetime gift. Inherited property takes a basis reset to fair market value at death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014; a gift carries the donor's original basis26 USC § 1015(a)Verified Sep 15, 2026View source under IRC § 1015. Stock bought for $10,000 and worth $200,000 carries a $190,000 gain to the recipient of a gift and none to an heir. Property held in a revocable living trust still receives the step-up at the grantor's death.

No. Inherited property is treated as held long-term from the date of death26 USC § 1223(9)Verified Sep 15, 2026View source under IRC § 1223(9), whatever the actual holding period, so a sale the day after the inheritance is taxed at the federal long-term rates of 0%, 15%, or 20%IRC § 1(h); IRS Topic No. 409Verified Sep 15, 2026View source on any gain above the stepped-up basis, plus the Washington layer. Short-term ordinary-income rates never apply.

Yes. Washington is a community property state, so at the first spouse's death both halves of community property26 USC § 1014(b)(6)Verified Sep 15, 2026View source take a new basis at fair market value under IRC § 1014(b)(6), not only the decedent's half. In a separate-property state the survivor's half keeps its original basis. The surviving spouse can sell soon after the death with little or no capital gains tax on the appreciation of the marriage.

Forms for Planning and Settling an Estate in Washington

Free Washington forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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Notice to Creditors

In Washington, creditors have 4 monthsRCW 11.40.051Verified Sep 9, 2026View source from first publication to present claims.

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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.

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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.

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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.

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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.

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Letter of Instruction

Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.

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Last Will and Testament

In Washington, a will is signed before 2RCW 11.12.020Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyRCW 11.12.020Verified Oct 19, 2026View source.

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Tools for Planning and Settling an Estate in Washington

Free calculators and checklists for planning or settling an estate in Washington: will and trust costs, probate, executor pay, and inheritance taxes.

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.

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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.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in Washington costs an estimated $27,599RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source and takes 4 months to 6 months for a simple estate, with attorney fees of typically 2.2%RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source to 3.5%RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source of the estate. Estates under $100,000RCW 11.62.010Verified Sep 9, 2026View source can use a small-estate procedure instead.

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When Do I Have to Withdraw an Inherited IRA?

See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.

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How Much Does Probate Cost?

Probate on a $500,000 estate in Washington costs an estimated $27,599RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source. Attorney fees run 2.2%RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source to 3.5%RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source of the estate under a reasonable-compensation standard.

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Who Inherits Without a Will?

Washington is a community property state, so the surviving spouse already owns half of what the couple acquired during the marriage. Without a will in Washington, descendants divide what passes to them per capita with representationRCW § 11.04.015Verified Sep 10, 2026View source, and an heir must survive the decedent by 120 hoursRCW § 11.05A.020Verified Sep 10, 2026View source to inherit.

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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.

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Do I Need Probate?

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.

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Washington Estate Planning Resources

In-depth guides covering Washington probate laws, trust requirements, and estate planning strategies.