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Small Estate Affidavit. "Affidavit of Successor" / Disposi…Verified against the statute July 29, 2026

Washington Small Estate Affidavit

Washington lets the next of kin collect a deceased person’s property without opening probate when the estate is worth $100,000 or less and 40 days have passed since the death. Here is exactly how it works, and how to use it.

Check if you qualifyHow to use it

Washington at a glance

Estate value limit
$100,000
Statutory value
Wait after death
40 days
Before the affidavit can be presented
File with a court?
No
Present it directly to the bank or agency
Covers real property?
No
Real property needs the court
Notary required?
Yes
Sign in front of a notary
Who can sign
A "successor" as defined in RCW 11
Per the statute

Is your estate under the $100,000 limit?

Enter a rough total of what they owned in their own name alone. Leave out jointly-held accounts and anything with a named beneficiary. Those don’t count.

Nothing you type here is saved or sent anywhere.

The $100,000 limit, and what actually counts

Value of the decedent's entire estate subject to probate, wherever located, less liens and encumbrances, not including the surviving spouse's or surviving domestic partner's undivided one-half community property interest in assets subject to probate (RCW 11.62.010(2)(c)). Critical: the test is the whole probate estate, not merely the asset being claimed. Assets that pass outside probate (survivorship/JTWROS, POD/TOD accounts, beneficiary designations, life insurance, property passing under a community property agreement, TOD deeds under ch. 64.80 RCW, trust assets) are not "subject to probate" and are excluded from the count.

What doesn't count toward the limit

This is where most people wrongly rule themselves out. In Washington, these are left out of the calculation:

  • Payable-on-death and transfer-on-death accounts
  • Life insurance with a living named beneficiary
  • Property already held in a trust
  • Liens and encumbrances on estate property

The 40-day waiting period

40 days from the date of death. Two independent cites: RCW 11.62.010(1) ('At any time after forty days from the date of a decedent's death..') and the sworn recital at RCW 11.62.010(2)(d) ('That forty days have elapsed since the death of the decedent'). Second, separate, widely-missed waiting period: RCW 11.62.010(2)(h) requires the claiming successor to have given written notice: by personal service or by mail: identifying the claim and describing the property claimed, to all other successors of the decedent, and that at least ten days have elapsed since that service or mailing. The statute does not sequence the two periods, so the 10-day notice period may run concurrently with the 40-day period; the practical floor is therefore 40 days from death, provided notice went out at least 10 days before the affidavit is signed and presented. If notice is sent late (e.g. on day 38), the earliest usable date is day 48. Product logic should compute max(death+40, notice_date+10). Note the notice obligation is unconditional. It runs to all other successors, not merely to those with a competing claim to the specific asset.

Who can sign the affidavit

A "successor" as defined in RCW 11.62.005(2)(a): (i) a person entitled to the claimed property under the decedent's last will and testament or by the laws of intestate succession in Title 11 RCW; and/or (ii) the surviving spouse or surviving domestic partner, to the extent of his or her undivided one-half interest in the community property; and/or (iii) DSHS, to the extent of funds expended/paid on claims under RCW 43.20B.080; and/or (iv) the State, in the case of escheat property. Under RCW 11.62.005(2)(b), anyone claiming to be a successor solely by reason of being a creditor of the decedent or the estate is excluded (except the State per (a)(iii)-(iv)). The claiming successor must swear under RCW 11.62.010(2)(i) that he or she is either personally entitled to full payment/delivery of the claimed property, or is entitled to it on behalf of and with the written authority of all other successors having an interest. There is no statutory priority ranking among successors and no court appointment; a single successor may sign if the written-authority condition is met.

either, testate or intestate. RCW 11.62.005(2)(a)(i) defines 'successor' to include persons entitled 'pursuant to the terms and provisions of the last will and testament of the decedent or by virtue of the laws of intestate succession contained in this title'. Chapter 11.62 RCW does not require that the will first be admitted to probate, and no probate may be opened or pending (RCW 11.62.010(2)(e)). Important separate obligation, outside ch. 11.62: Washington law independently requires the custodian of a will to deliver/file the original will with the court after learning of the death (RCW 11.20.010). That duty is not excused by using the small estate affidavit and is not a ch. 11.62 condition, but a compliant product flow should surface it. I did not read RCW 11.20.010 verbatim in this pass, verify the exact deadline and phrasing before publishing that instruction to users.

The affidavit must be signed in front of a notary. Most banks and UPS Stores have a notary; many charge under $15.

Can it transfer a house or land in Washington?

Real property cannot pass under the Washington small estate affidavit. Chapter 11.62 RCW is titled 'Small Estates–Disposition of Property' but its operative reach is limited to debts and 'personal property'. RCW 11.62.005(1) defines 'personal property' as 'any tangible personal property, any instrument evidencing a debt, obligation, stock, chose in action, license or ownership, any debt or any other intangible property', real estate is absent. RCW 11.62.010(1) applies to a 'person who is indebted to or who has possession of any personal property'. There is no companion real-property affidavit in Washington and no second real-property dollar threshold. Washington has no analogue to Cal. Prob. Code 13200 (affidavit re real property of small value) and no analogue to the Texas SEA homestead carve-out. Washington's real-property-without-full-probate paths are all outside ch. 11.62: (1) adjudication of testacy or intestacy and heirship, a superior court order under RCW 11.28.110 / 11.28.330 / 11.28.340, obtained without appointment of a personal representative and without issuance of letters; under RCW 11.28.340 the order is, four months after entry and after the RCW 11.28.330 notice, 'deemed the equivalent of the entry of a final decree of distribution in accordance with the provisions of chapter 11.76 RCW'. This is a court proceeding with a filing fee and a cause number, not an affidavit. It has no dollar cap and can clear title to real property. (2) transfer on death deed, chapter 64.80 RCW, Uniform Real Property Transfer on Death Act (2014 c 58); must be executed and recorded before death, so it is only available as advance planning, never as a post-death fix. (3) community property agreement. RCW 26.16.120; again advance planning only, vesting property in the surviving spouse/DP at death. (4) survivorship deed / JTWROS. (5) 'Lack of probate affidavit', a non-statutory title-company underwriting document; see affidavitOfHeirshipNotes. Any product flow that lets a Washington user tick 'house' and then generates a ch. 11.62 affidavit is a defect.

How to use a small estate affidavit in Washington

  1. 1

    Confirm you're under the limit and past the wait

    Add up the property that passes through the estate and check it against the $100,000 ceiling. Value of the decedent's entire estate subject to probate, wherever located, less liens and encumbrances, not including the surviving spouse's or surviving domestic partner's undivided one-half community property interest in assets subject to probate (RCW 11.62.010(2)(c)). Critical: the test is the whole probate estate, not merely the asset being claimed. Assets that pass outside probate (survivorship/JTWROS, POD/TOD accounts, beneficiary designations, life insurance, property passing under a community property agreement, TOD deeds under ch. 64.80 RCW, trust assets) are not "subject to probate" and are excluded from the count.

  2. 2

    Gather the documents

    You'll need certified copies of the death certificate: order at least three, since institutions often keep one: plus account numbers, the vehicle title or VIN, and the names and addresses of every heir.

  3. 3

    Complete the affidavit

    Fill in Small Estate Affidavit. "Affidavit of Successor" / Disposition of personal property and debts by affidavit (Chapter 11.62 RCW, Small Estates–Disposition of Property), listing the decedent, the heirs and their relationships, the assets and their values, and the known debts.

  4. 4

    Sign it in front of a notary

    Sign in front of a notary public. Banks, credit unions and shipping stores all offer notarization, usually for a small fee.

  5. 5

    Present it to whoever holds the property

    What the statute obliges holders to do. RCW 11.62.010(1) is mandatory: any person indebted to, or in possession of personal property belonging to, the decedent (or to the decedent and the surviving spouse/DP as a community) 'Shall pay such indebtedness or deliver such personal property, or so much of either as is claimed' on receipt of (a) proof of death and (b) a conforming RCW 11.62.010(2) affidavit. 'Person' is defined broadly at RCW 11.62.005(3) to specifically include a bank, credit union, brokerage firm or stock transfer agent, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association. RCW 11.62.010(3): securities transfer agents shall re-register the security; any governmental agency issuing certificates of ownership or license registration shall issue a new certificate. RCW 11.62.010(4): no release from any Washington state or local taxing authority may be required as a precondition. Safe harbor. RCW 11.62.020: 'The person paying, delivering, transferring, or issuing personal property pursuant to RCW 11.62.010 is discharged and released to the same extent as if such person has dealt with a personal representative of the decedent, unless at the time of such payment.. such person had actual knowledge of the falsity of any statement which is required by RCW 11.62.010(2).. to be contained in the successor's affidavit. Such person is not required to see to the application of the personal property, or to inquire into the truth of any matter specified in RCW 11.62.010 (1) or (2), or into the payment of any estate tax liability.' Organizational knowledge is narrowed: an organization is not deemed to have actual knowledge of falsity 'until such time as said knowledge shall have been brought to the personal attention of the individual making the transfer, delivery, payment, or issuance', so notice to a branch or a call center does not defeat the safe harbor. This is a strong protection and is the argument to make to a reluctant bank. Refusal: if the holder refuses, the property 'may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto.' No statutory damages, penalty, or attorney-fee shifting is provided. Competing affidavits: 'If more than one affidavit is delivered with reference to the same personal property, the person to whom an affidavit is delivered may pay.. in response to the first affidavit received, provided that proof of death has also been received, or alternately implead such property into court', a first-in-time rule that rewards prompt presentation. Credit union mini-procedure: RCW 11.62.030 separately lets a credit union pay a deceased member's deposits to the surviving spouse or surviving domestic partner where the deposit does not exceed one thousand dollars ($1,000), no executor or administrator has been appointed, and the survivor files an affidavit of the death and the amount; good-faith payment 'shall be a full acquittance and release of the credit union', and the survivor must account to a later-appointed personal representative. This is a narrower alternative, not a substitute, for the RCW 11.62.010 affidavit; the statute expressly preserves the credit union's option to pay on a ch. 11.62.010 affidavit instead. Cite [2008 c 6 s 924; 1980 c 41 s 10].

Where to take the signed affidavit

The bank

What the statute obliges holders to do. RCW 11.62.010(1) is mandatory: any person indebted to, or in possession of personal property belonging to, the decedent (or to the decedent and the surviving spouse/DP as a community) 'Shall pay such indebtedness or deliver such personal property, or so much of either as is claimed' on receipt of (a) proof of death and (b) a conforming RCW 11.62.010(2) affidavit. 'Person' is defined broadly at RCW 11.62.005(3) to specifically include a bank, credit union, brokerage firm or stock transfer agent, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association. RCW 11.62.010(3): securities transfer agents shall re-register the security; any governmental agency issuing certificates of ownership or license registration shall issue a new certificate. RCW 11.62.010(4): no release from any Washington state or local taxing authority may be required as a precondition. Safe harbor. RCW 11.62.020: 'The person paying, delivering, transferring, or issuing personal property pursuant to RCW 11.62.010 is discharged and released to the same extent as if such person has dealt with a personal representative of the decedent, unless at the time of such payment.. such person had actual knowledge of the falsity of any statement which is required by RCW 11.62.010(2).. to be contained in the successor's affidavit. Such person is not required to see to the application of the personal property, or to inquire into the truth of any matter specified in RCW 11.62.010 (1) or (2), or into the payment of any estate tax liability.' Organizational knowledge is narrowed: an organization is not deemed to have actual knowledge of falsity 'until such time as said knowledge shall have been brought to the personal attention of the individual making the transfer, delivery, payment, or issuance', so notice to a branch or a call center does not defeat the safe harbor. This is a strong protection and is the argument to make to a reluctant bank. Refusal: if the holder refuses, the property 'may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto.' No statutory damages, penalty, or attorney-fee shifting is provided. Competing affidavits: 'If more than one affidavit is delivered with reference to the same personal property, the person to whom an affidavit is delivered may pay.. in response to the first affidavit received, provided that proof of death has also been received, or alternately implead such property into court', a first-in-time rule that rewards prompt presentation. Credit union mini-procedure: RCW 11.62.030 separately lets a credit union pay a deceased member's deposits to the surviving spouse or surviving domestic partner where the deposit does not exceed one thousand dollars ($1,000), no executor or administrator has been appointed, and the survivor files an affidavit of the death and the amount; good-faith payment 'shall be a full acquittance and release of the credit union', and the survivor must account to a later-appointed personal representative. This is a narrower alternative, not a substitute, for the RCW 11.62.010 affidavit; the statute expressly preserves the credit union's option to pay on a ch. 11.62.010 affidavit instead. Cite [2008 c 6 s 924; 1980 c 41 s 10].

The DMV

Handled by the same ch. 11.62 affidavit. There is no separate statutory vehicle threshold and no separate statutory vehicle affidavit. RCW 11.62.010(3), second sentence, is directed squarely at the Department of Licensing: 'Any governmental agency required to issue certificates of ownership or of license registration to personal property shall issue a new certificate of ownership or of license registration to a person claiming to be a successor of the decedent upon receipt of proof of death and of an affidavit made by such person which meets the requirements of subsection (2) of this section.' Note the mandatory 'shall'. The same subsection's first sentence obliges securities transfer agents to re-register stock on the same showing. The agency is the Washington State Department of Licensing (DOL); vessels/boats are handled by DOL as well. Unresolved: I could not reach a live DOL page describing the deceased-owner/inherited-vehicle title process during this pass (the candidate URLs returned HTTP 404 and the web-search budget for the session was exhausted), so I could not confirm a DOL form number. I am deliberately not asserting a TD-420-xxx number rather than guessing one. Before shipping vehicle guidance, confirm on dol.wa.gov whether DOL requires only the RCW 11.62.010 affidavit plus proof of death and the title, or additionally an Affidavit of Loss/Release of Interest and a Vehicle Certificate of Ownership (Title) Application, and capture the current form numbers.

The employer

Final wages and accrued leave can usually be claimed with the same affidavit. Ask their payroll department what they need, most have a standard process.

Debts and your personal liability

The affiant must swear under RCW 11.62.010(2)(f) 'That all debts of the decedent including funeral and burial expenses have been paid or provided for.' Note the disjunctive 'or provided for', debts need not all be actually discharged before the affidavit, but they must be provided for. There is no statutory requirement to itemize, schedule, or list individual creditors in the affidavit, and there is no creditor-notice publication requirement (unlike ch. 11.40 RCW creditor claim procedure in an administered estate, which is unavailable here because no personal representative exists). Affiant liability is real and uncapped: RCW 11.62.020, final sentence: 'Any person to whom payment, delivery, transfer, or issuance of personal property is made pursuant to RCW 11.62.010 as now or hereafter amended is answerable and accountable therefor to any personal representative of the estate of the decedent or to any other person having a superior right thereto.' So a successor who collects and distributes remains personally answerable if a PR is later appointed or a superior claimant surfaces. The affidavit is sworn, so a knowingly false recital carries perjury exposure and the (2)(f) debt recital is the one most often falsely sworn. Medicaid estate recovery is a live creditor: DSHS is itself a statutory 'successor' under RCW 11.62.005(2)(a)(iii) to the extent of funds expended or paid on claims under RCW 43.20B.080, and RCW 11.62.010(5) forces the affiant to mail DSHS Office of Financial Recovery a copy of the affidavit including the decedent's SSN. Users whose decedent received Medicaid/long-term-care benefits should be warned that DSHS may assert a claim ahead of them.

When you can’t use it

Washington takes the affidavit route off the table when:

  • Decedent's entire probate estate (less liens/encumbrances, excluding the surviving spouse's/DP's 1/2 community interest) exceeds $100,000. RCW 11.62.010(2)(c)
  • Decedent was not a resident of the State of Washington on the date of death. RCW 11.62.010(2)(b) (this is a hard residency requirement; a nonresident decedent with WA assets cannot use ch. 11.62)
  • Fewer than 40 days have elapsed since the date of death. RCW 11.62.010(1), (2)(d)
  • An application or petition for appointment of a personal representative is pending, or has been granted, in any jurisdiction. RCW 11.62.010(2)(e)
  • Debts of the decedent, including funeral and burial expenses, have not been paid or provided for. RCW 11.62.010(2)(f)
  • Fewer than 10 days have elapsed since written notice (personal service or mail) identifying the claim and describing the property was given to all other successors. RCW 11.62.010(2)(h)
  • Claiming successor is not personally entitled to the property and lacks the written authority of all other successors with an interest. RCW 11.62.010(2)(i)
  • Claimant is a creditor only, and is not the State/dshs. RCW 11.62.005(2)(b)
  • The asset is real property, chapter 11.62 RCW reaches only 'personal property' and debts; real property is outside the affidavit entirely
  • The asset is not 'subject to probate' (nonprobate asset), such property is neither counted nor transferable under RCW 11.62.010
  • A dispute among successors, an unlocatable successor who cannot be given notice, or a competing affidavit. RCW 11.62.020 permits the holder to pay on the first affidavit received or to interplead the property into court

If any of those apply, a probate attorney is the right call. A typical small-estate proceeding runs $1,000–$3,000 plus the court’s fee.

Washington small estate affidavit FAQ

Statute and sources

Last verified July 29, 2026. No changes to the Washington small estate affidavit in the last 3 years, and none since 2008. Every section of chapter 11.62 RCW was last touched in 2008 or earlier, confirmed against the certified Legislature PDFs: RCW 11.62.005 [2008 c 6 s 922; 2006 c 360 s 15; 1994 c 21 s 1; 1988 c 64 s 24; 1977 ex.s. c 234 s 29] (certified 12/12/2024); RCW 11.62.010 [2008 c 6 s 923; 2006 c 360 s 16; 1995 1st sp.s. c 18 s 60; 1993 c 291 s 1; prior 1988 c 64 s 25; 1988 c 29 s 2; 1987 c 157 s 1; 1977 ex.s. c 234 s 11; 1974 ex.s. c 117 s 4] (certified 12/12/2024); RCW 11.62.020 [1990 c 180 s 4; 1977 ex.s. c 234 s 12; 1974 ex.s. c 117 s 5] (certified 7/12/2024); RCW 11.62.030 [2008 c 6 s 924; 1980 c 41 s 10]. The $100,000 threshold and the 40-day wait are unchanged. Washington did not follow the California AB 2016 pattern (Cal. Prob. Code 13100 raised to $208,850 eff. April 1, 2025) and does not index like Colorado or Idaho. What did change nearby: engrossed house bill 2445, Chapter 204, Laws of 2026 ('Relating to ending probates for profit'; by request of the Attorney General; passed the Senate March 6, 2026 and the House March 11, 2026; approved by Gov. Bob Ferguson March 24, 2026; filed March 25, 2026; effective date June 11, 2026). It amends RCW 11.28.110, 11.28.120, 11.28.185, 11.28.237, 11.36.010, 11.48.020, 11.48.210, 11.56.030, 11.68.011, 11.76.010, 11.76.030, 11.96A.050 and 11.02.005, and adds new sections to chapter 11.56 RCW. It does not amend chapter 11.62 RCW and does not alter the small estate affidavit, its threshold, or its waiting period. It is relevant to the heirship track: RCW 11.28.110 (the petition for adjudication of intestacy and heirship without letters) was rewritten by 2026 c 204 s 1 to require, among other things, the names, ages and addresses of heirs with documentation of a reasonable search, and a description of significant probate assets (real property, vehicles, items over $10,000) with search details, petitioners in RCW 11.28.120(1)(a) or (b) may omit the asset description but must still document the search. Any Washington heirship-adjudication content must be written against the post-June-11-2026 text of RCW 11.28.110, not the 2010 version. Also relevant background: chapter 64.80 RCW, the Uniform Real Property Transfer on Death Act, was enacted by 2014 c 58 and is unchanged in the relevant period.

  • RCW 11.62.005 (definitions; "successor", "personal property", "person")
  • RCW 11.62.010 (core small estate affidavit)
  • RCW 11.62.010(1) (40-day wait; mandatory duty to pay/deliver)
  • RCW 11.62.010(2)(c) ($100,000 threshold)
  • RCW 11.62.010(2)(d) (40 days elapsed)
  • RCW 11.62.010(2)(f) (debts including funeral/burial paid or provided for)
  • RCW 11.62.010(2)(h) (10-day written notice to all other successors)
  • RCW 11.62.010(3) (transfer agents; governmental title/registration agencies)
  • RCW 11.62.010(4) (no state/local tax release may be required)
  • RCW 11.62.010(5) (copy w/ SSN to DSHS Office of Financial Recovery)
  • RCW 11.62.020 (transferor discharge/safe harbor; refusal; conflicting affidavits; accountability)
  • RCW 11.62.030 (deceased credit union member; $1,000 to surviving spouse/domestic partner)
  • RCW 11.28.110 (petition for adjudication of intestacy and heirship without letters; amended by 2026 c 204 s 1)
  • RCW 11.28.330 (notice of adjudication of testacy or intestacy and heirship)
  • RCW 11.28.340 (order of adjudication; deemed equivalent of final decree of distribution after 4 months)
  • Chapter 64.80 RCW (Uniform Real Property Transfer on Death Act, 2014 c 58)

What we're less sure about

  • Notarization: RCW 11.62.010 requires an 'affidavit' but does not spell out an oath/jurat/notary requirement in the section text. I set notarizationRequired=true because an affidavit is by definition a statement sworn before an officer authorized to administer oaths, and every institution in practice demands a notarized instrument. Flagged because the word 'notarized' does not literally appear in the statute.
  • Exact session law that first raised the threshold to $100,000 not verified. The figure is carried in the current codification at 2008 c 6 s 923; I did not trace whether 2006 c 360 s 16, 1993 c 291 s 1, or an earlier act set the $100,000 amount. This does not affect the current figure, which is confirmed verbatim, but thresholdYear=2008 is the codification year, not necessarily the year the number changed.
  • DOL vehicle-title form number NOT confirmed. Candidate dol.wa.gov URLs returned HTTP 404 and the session's web-search budget was exhausted, so I could not reach the inherited-vehicle guidance page. RCW 11.62.010(3) is clear that DOL must issue a new certificate on the affidavit, but the practical DOL packet (whether a Vehicle Certificate of Ownership (Title) Application and/or an Affidavit of Loss/Release of Interest is also required, and the TD-420-xxx numbers) is unverified. I deliberately did not guess a form number. Verify before shipping vehicle guidance.
  • RCW 11.20.010 (duty of a will custodian to deliver the will to the court) was cited from background knowledge, not read verbatim in this pass. Confirm the exact deadline and trigger before instructing users that the will must be filed even when using the small estate affidavit.
  • Whether the 40-day period and the 10-day successor-notice period may run concurrently is not expressly stated in RCW 11.62.010; the text conditions only on both having elapsed at the time of the affidavit, which supports concurrency. No Washington appellate authority was checked on this point.
  • Interaction between chapter 11.62 and a decedent who was a Washington resident but held out-of-state personal property: the statute counts assets 'wherever located' toward the $100,000 but its command to pay binds only persons subject to Washington law. Out-of-state institutions may refuse. Not resolved by statute.
  • No Washington appellate case law was reviewed in this pass. Findings rest entirely on the statutory text, which was read verbatim from the Legislature's certified PDFs.
  • Washington's non-statutory 'lack of probate affidavit' practice was characterized from general title-industry knowledge, not from a primary or title-underwriter source (search budget exhausted). The legally load-bearing conclusion. That Washington has no heirship-affidavit STATUTE and that heirship is established by court adjudication under RCW 11.28.110/.330/.340, is confirmed from primary text and is safe to rely on; the descriptive detail about title-company acceptance is not.

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