Overview of Probate in Washington State
Washington has a relatively streamlined probate system. Probate is not always required, especially if the estate is small or assets pass outside probate (like via joint tenancy or beneficiary designations)
However, probate is typically required to transfer ownership of assets when:
The Decedent Owned Assets Solely in their Name, and
No Automatic Transfer Mechanisms (like a trust or TOD/POD designation) exist.
Probate When There Is a Will (Testate Estate)
Probate When There Is No Will (Intestate Estate)
Locate the Original will.
Must be filed with the county Superior Court (in the decedent's county) within 40 days of death.
Determine Heirs.
Washington’s intestacy laws (RCW 11.04) determine who inherits. Generally:
- Spouse and children first, then parents, siblings, etc.
File a Petition for Probate.
Request to be appointed Personal Representative (named in the will).
Washington allows a "non-intervention" probate if the will authorizes it, which simplifies the process.
File Petition for Letters of Administration.
Someone (usually the closest relative) asks the court to be appointed as Administrator.
Give Notice.
Notify heirs, beneficiaries, and creditors.
Publish notice to creditors in a local newspaper for at least 4 months.
Court-Appointed Administrator.
May need to post a bond unless waived by the court or heirs.
Inventory and Appraise Assets.
Give Notice to Heirs and Creditors.
Pay Debts and Taxes.
This includes funeral expenses, outstanding debts, and applicable taxes
Inventory and Appraise Assets.
Distribute the Estate.
Distribute remaining assets per the will.
Pay Debts and Taxes.
Close the Estate.
File a Declaration of Completion or final accounting to formally close probate.
Distribute Assets per State Law.
Close the Estate.
Special Situations in Washington
Small Estate Affidavit (RCW 11.62.010)
If the Estate is Worth Less than $100,000, and No Real Estate is Involved, Heirs may Avoid probate by using this Affidavit after a 40-Day Waiting Period.
Community Property Agreements
Often Used by Spouses) Can Allow Direct Transfer Without Probate.
Resources for Washington State Probate
WA Courts Probate Info
King County Probate Forms
Washington Law Help
Would you like a Printable Checklist or Help Writing a Small Estate Affidavit? Here’s a Printable Washington State Probate Checklist, including a Section for the Small Estate Affidavit process.
Washington Probate Checklist
(Choose the track that applies: with will, without will, or Small Estate)
PART 1:
Initial Steps (All Situations)
Obtain the Death Certificate (Usually from the Funeral Home or Vital Records).
Locate any will, Trust, or other Estate Documents.
Secure the Decedent’s Home, Assets, and Mail.
Make a List of Assets and Debts.
Determine if probate is required:
- Is there real estate solely in their name?
- Are there accounts with no named beneficiaries?
PART 2:
If There Is a Will
File the Original Will with the Superior Court in the county where the person lived (within 40 days of death).
File a Petition for ProbatePersonal Representative.
Determine if you can use Non-Intervention Probate (easier process).
Notify all Heirs and Beneficiaries.
Publish Notice to Creditors in a local newspaper (Run for 4 months).
Collect and Appraise Assets.
Pay Debts and File Taxes.
Distribute Property Per the Will.
File Declaration of Completion to close the Estate.
PART 3:
If There Is No Will
File a Petition for Letters of Administration in the county Superior Court.
Request Appointment as Administrator (May Require Bond).
Notify Heirs and Publish Notice to Creditors.
Inventory Assets and Debts.
Pay Debts and Taxes.
Distribute Assets Per Washington Intestacy Laws.
Close the Estate with the Court.
PART 4:
If It’s a Small Estate (Under $100,000, No Real Estate)
You May Avoid Probate using a Small Estate Affidavit:
Wait At Least 40 days After Death.
Confirm:
- Estate value is Under $100,000.
- No real estate is included.
- No probate has been started.
Prepare a Small Estate Affidavit (RCW 11.62.010).
Include:
- Decedent’s info and Date of Death.
- List of Assets.
- Your claim to the Assets.
Attach Death Certificate.
Present Affidavit to Bank or Institution Holding the Asset.
Collect and Distribute Assets.