Small Estates

You may be able to collect a deceased person’s bank accounts and other personal property without opening a probate.

Washington’s small estate affidavit process offers a simpler option when the estate meets certain requirements. This page will help you determine whether that process fits your situation, download the forms, and follow the steps to use them. It also explains when a probate may be the better choice.

Can you use a small estate affidavit?

Before using the forms, confirm that:

• The deceased person was a Washington resident at death.

• The entire estate subject to probate, wherever located, is worth no more than $100,000 after subtracting liens and encumbrances and excluding the surviving spouse’s or registered domestic partner’s community property interest.

• No application or petition to appoint a personal representative is pending or has been granted in any jurisdiction.

• All debts, including funeral and burial expenses, have been paid or provided for.

• You are a “successor” (i.e., someone legally entitled to the property you intend to collect) or are collecting it with the written authority of the other successors who have an interest in it.

Real estate needs separate consideration. Although probate real estate counts toward the $100,000 limit, a small estate affidavit cannot transfer its title. If the estate includes a house or land, probate may be necessary.

Meeting these requirements is only the beginning. Before collecting property, you must also satisfy the waiting periods and notice requirements explained below.

Download the forms

These Word documents include instructions and can be edited before printing.

Notice and Authorization
Use this form to notify other successors of your claim and, when needed, obtain written authority to collect property on their behalf.

Small Estate Affidavit
Use this form to request property from a bank or other holder after completing the required steps.

How to use the forms

1. Identify the property and who is entitled to it: Determine what you intend to collect, who holds it, and who is entitled to receive it under the will or Washington law.

2. Notify the other successors: Give each other successor written notice by personal service or mail. Identify your claim and describe the property you intend to collect. Keep a copy and a record of when each notice was served or mailed.

3. Obtain written authority when needed: If you will collect property on behalf of other successors who have an interest in it, obtain their written authorization. The Notice and Authorization form includes a section for this purpose. Authorization does not change their inheritance rights.

4. Satisfy both waiting periods: At least 40 days must have elapsed since death, and at least 10 days must have elapsed since notice was served or mailed to each other successor. These periods may overlap. A signed authorization does not eliminate the notice waiting period.

5. Complete and sign the affidavit: Describe the property and the portion you claim. Select the applicable choices and sign before a notary. Attach the death certificate as directed by the form.

6. Present the affidavit to the property holder: Give the completed affidavit and proof of death to the bank or other holder. Ask what supporting documents it requires, including any written authorizations or a certified death certificate.

7. Send a copy to DSHS and keep records: Mail a copy of the affidavit, including the deceased person’s Social Security number, to DSHS’s Office of Financial Recovery at the address in the instructions. Keep records of property received, expenses paid, and distributions made.

Washington law permits the use of a small estate affidavit in certain circumstances. Before using a small estate affidavit, you should first ask whether the deceased person had less than $100,000 in probate assets. If they did, you can probably use this process. However, you should also ask whether they owned any real property (i.e., land or real estate). If the answer is “yes,” then using a small estate affidavit may not be the best choice. While a small estate affidavit may be used for a decedent who had real property, the affidavit cannot be used to transfer title to the real property. Furthermore, the equity in the real property is used toward the $100,000 calculation. Therefore, it is rare when you could or would want to use the small estate affidavit process if your loved one died with real property. In those cases, you'll probably need a probate.

If you decide to use the small estate affidavit and present it to a person or financial institution that is holding the assets of your loved one, that person or financial institution is supposed to deliver the asset to you. The person or financial institution that held the asset will be discharged and released from any liability in the same way as if it had been dealing directly with the personal representative of an estate. The holder of the asset has no obligation to inquire into the truth of the material in the affidavit, however, he or she cannot ignore facts known to be untrue.

Even if the estate meets the financial threshold, however, other requirements need to be satisfied:

• You must be a “successor,” as that term is defined in the small estate affidavit statute. You are a successor if you are entitled to the asset in question under the will of the decedent or under Washington’s law of intestate succession (RCW 11.04.015) if there was no will. If you are a surviving spouse, you are also a successor at least to the extent of your community property portion of the asset being held.

• Your loved one must also have been a resident of the State of Washington at the date of death.

• No application or petition for the appointment of a personal representative or estate administrator is pending or has been granted in any jurisdiction.

• All debts of the decedent including funeral and burial expenses have been paid or provided for.

• You have given advance notice to all other “successors” of your intention to obtain the asset of the loved one and they have provided you written authorization to do so. A sample of such a document can be viewed on the left, and downloaded here.

If you can satisfy all of these elements, you can submit a small estate affidavit to a person or financial institution holding your loved one’s assets. But there are a couple things to remember:

First, you must wait at least 40 days after your loved one has died before submitting the affidavit.

Second, you are required to mail a copy of the affidavit, along with the decedent’s social security number, to DSHS’s Office of Financial Recovery, whose address is currently: P.O. Box 9501, Olympia, WA 98507-9501.

As you can see from the discussion above, even when all of the statutory requirements are met, the small estate affidavit process might be impossible or impractical to use. If you are not entitled to all of the assets, you must get written authorization from others who also have a right to the property. This may be impossible when another heir is uncooperative. Even with such authority, the family relationships may be so bitter that you should consider first whether you are willing to take the risk of acquiring the particular asset and then being answerable to the heirs for dividing it appropriately. You will likely need to pay bills before dividing it. Your disgruntled family members might accuse you of stealing some of the assets. Whether you have a cooperative family or not, you should keep good records of the assets you have received and bills you have paid. If the family relationship is too acrimonious, you should consider conducting a probate that will provide a more formal structure. Hiring an attorney in this situation can avoid a lot of headaches and sleepless nights. 

Special Situations

Vehicles and Boats. The Washington Department of Licensing has a separate Affidavit of Inheritance/Litigation for transferring vehicles and boats when no executor or administrator has been appointed. Contact a vehicle licensing office to confirm which documents are needed for your situation.

Unpaid Wages. A separate Washington law allows certain family members to collect unpaid wages when no executor or administrator has been appointed. Priority goes to the surviving spouse, then children if there is no surviving spouse, then a parent if there are no children. The usual limit is $10,000. Exceptions apply to Washington state and municipal employers and to certain community property agreements. Ask the employer about its requirements and see RCW 49.48.120.

Taxes and Tax Refunds. Claiming a deceased person’s federal income tax refund may require IRS Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer. Review the form’s instructions to determine whether it is required in your situation.

Do you have the original will?

The original will still needs to be delivered as required by Washington law, even if you plan to use a small estate affidavit instead of opening probate. RCW 11.20.010.

If you have custody or control of the will, you must deliver it to the court having jurisdiction or to the executor named in the will within 30 days after learning of the death.

If you are the named executor and have custody or control of the will, you must deliver it to the court having jurisdiction within 40 days after learning of the death.

Filing the will alone does not appoint a personal representative or begin administration of the estate. Ask the Superior Court Clerk about its “will only” filing procedure, required paperwork, and current fee. Keep a copy of the will and your filing receipt.