Washington Small Estate Affidavit: $100,000 Limit and 40-Day Wait

Washington lets a successor collect a deceased person's personal property without probate by giving an affidavit to whoever holds it, under RCW 11.62.010, when the decedent's entire estate subject to probate, less liens and encumbrances, is worth no more than $100,000. You can use it "at any time after forty days from the date of a decedent's death," and the decedent must have been a Washington resident.

Washington's version carries extra conditions. Before signing, you must give written notice to every other successor and wait at least 10 days, all of the decedent's debts (including funeral and burial expenses) must be paid or provided for, and a copy of the affidavit goes to the Department of Social and Health Services. The affidavit is not filed with a court, and it does not transfer real estate. For how other states compare, see our small estate affidavit rules by state.

Information last verified on 2026-10-06. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Washington small estate affidavit under chapter 11.62 RCW (RCW 11.62.005, 11.62.010, 11.62.020 and 11.62.030), the court award to a surviving spouse, domestic partner or dependent children under RCW 11.54.010 and 11.54.020, final wages under RCW 49.48.120, and false swearing under RCW 9A.72.040. It does not cover full probate administration, who inherits under Washington intestacy rules, estate tax, or the law of any other state.

When can you use a small estate affidavit in Washington?

You can use it only when every statement RCW 11.62.010 requires is true. The holder of the property (a bank, broker, transfer agent or other person holding the decedent's property) pays or delivers it on "receipt of proof of death and of an affidavit" made by a person claiming to be a successor.

The affidavit must state, among other things, that:

• The decedent was a resident of Washington on the date of death.
• The value of the decedent's entire estate subject to probate, wherever located, less liens and encumbrances, does not exceed $100,000, not counting the surviving spouse's or domestic partner's community property interest.
• At least 40 days have passed since the death.
• No application or petition for the appointment of a personal representative 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.
• The claiming successor gave written notice of the claim to all other successors, and at least 10 days have passed since that notice was served or mailed.
• The claiming successor is personally entitled to full payment or delivery of the property, or is entitled to it on behalf of, and with the written authority of, all other successors who have an interest in it.

What counts toward the $100,000 limit?

The test counts only the estate "subject to probate," wherever located, and subtracts liens and encumbrances. The statute does not separately address joint accounts, payable-on-death accounts or life insurance beyond that "subject to probate" wording, so the limit is not a test of everything the person owned.

The surviving spouse's or surviving domestic partner's community property interest in probate assets is excluded from the count. Only the decedent's share is measured against the $100,000.

The $100,000 figure is fixed in the statute and is not indexed for inflation. RCW 11.62.010 was last amended in 2008 (2008 c 6 s 923), and the live code page showed no 2025 or 2026 amendment when we checked.

How long do you have to wait after the death?

The affidavit can be used "at any time after forty days from the date of a decedent's death." There is also a second clock: you must give the other successors written notice and then wait at least 10 days after serving or mailing it before the affidavit can say that condition is met.

The two periods can run at the same time. The statute requires both that 40 days have passed since the death and that 10 days have passed since the notice.

Who can sign a Washington small estate affidavit?

Only a "successor" as defined in RCW 11.62.005. That definition covers the people entitled to the property under the will or by intestate succession, a surviving spouse or domestic partner as to their undivided one-half community interest, the Department of Social and Health Services to the extent of funds paid under RCW 43.20B.080, and the state when property escheats.

Creditors are shut out. The statute says a person claiming to be a successor "solely by reason of being a creditor of the decedent or of the decedent's estate," other than the state, is excluded from the definition. Someone who paid the funeral bill cannot use the affidavit on that basis alone.

If several people inherit, the person signing must either be personally entitled to the full amount claimed or have the written authority of all the other successors who have an interest in it.

How to use the affidavit, step by step

1. Confirm the conditions: Washington residence, a probate estate of $100,000 or less after liens (excluding the spouse's or partner's community half), no personal representative sought or appointed anywhere, and no real estate you expect the affidavit to move.
2. Pay or provide for all debts, including funeral and burial expenses. The affidavit has to say this has been done.
3. Give written notice to all other successors, by personal service or by mail, identifying your claim and describing the property claimed.
4. Wait until at least 40 days have passed since the death and at least 10 days have passed since the notice was served or mailed.
5. Prepare the affidavit. The Washington courts do not publish a statewide form for chapter 11.62 RCW. The Northwest Justice Project, a nonprofit, publishes a "Small Estate Affidavit" (NJP Planning 532) and a "Notice to Other Successors" (NJP Planning 531) in the WashingtonLawHelp form library, along with a guide to managing a small estate yourself. These are not court forms.
6. Mail a copy to DSHS. RCW 11.62.010 requires a copy of the affidavit, "including the decedent's social security number," to be mailed to the Department of Social and Health Services, Office of Financial Recovery.
7. Give the affidavit and proof of death to each holder of the property. Nothing is filed with a court.

The affidavit itself is never filed, but a will is a separate matter. Under RCW 11.20.010, anyone who has custody of the decedent's will must deliver it to the court having jurisdiction, or to the executor named in it, within 30 days of learning of the death, and a person who willfully violates that rule is liable for resulting damages.

RCW 11.62.010 does not itself say whether the affidavit must be notarized, so ask the holder what it requires. Because nothing is filed, there is no court filing fee. The statute also says that no release from any Washington state or local taxing authority may be required before assets are paid or delivered to a successor.

What the affidavit covers and what it does not

Personal property. RCW 11.62.005 defines personal property broadly: "any tangible personal property, any instrument evidencing a debt, obligation, stock, chose in action, license or ownership, any debt or any other intangible property." That reaches bank accounts, money owed to the decedent and stock.

Credit union deposits for a spouse. RCW 11.62.030 adds a separate, smaller route. When a credit union member dies and no executor or administrator has been appointed, the credit union may pay the surviving spouse or domestic partner the member's deposits, including shares, when the deposit does not exceed $1,000. The spouse withdraws on an affidavit and must account for the money to any personal representative later appointed.

Vehicles. The Department of Licensing says an heir keeping an inherited vehicle must transfer it into their own name within 15 days, using a Vehicle Title Application. When the estate is not being administered, the department asks for a copy of the death certificate and a completed release of interest if required, or an affidavit of succession (which it calls optional) "if the estate is under $100,000." DOL's Affidavit of Inheritance/Litigation (form 420-041) is used when no executor or administrator has been appointed; it is submitted with the title and death certificate and must be notarized or certified by a Washington vehicle licensing agent. Separately, RCW 11.62.010(3) requires any government agency that issues certificates of ownership or registration for personal property to issue a new one to a successor who presents proof of death and an affidavit meeting the statute's requirements.

Final wages. Under RCW 49.48.120, when an employee dies owing wages and no executor or administrator has been appointed, the employer "shall upon the request of the surviving spouse pay the indebtedness in an amount as may be due not exceeding the sum of ten thousand dollars." If there is no surviving spouse, payment goes to the children, and then the parents. The $10,000 cap does not apply when the employer is the state or a municipal corporation, and an employer may instead pay on an RCW 11.62.010 affidavit. If the spouses had a community property agreement under RCW 26.16.120 that made the wages the survivor's sole property, the employer must pay the full amount covered on presentation of the agreement and an affidavit or declaration that it was made in good faith and not rescinded. In every case the employer must require an affidavit or declaration proving the relationship and a written receipt.

Unclaimed property. We could not verify whether Washington's unclaimed property program accepts a chapter 11.62 affidavit, or under what limits. Check with the program directly; our Washington unclaimed property guide covers the search process.

Real estate. The affidavit does not transfer real property. Chapter 11.62 RCW has only four sections, and all of them deal with personal property. Some websites say a Washington small estate affidavit can transfer a house; the statute does not support that.

The Department of Revenue's "lack of probate affidavit" is sometimes mistaken for a way to transfer land. It is not: the department requires it, with a certified copy of the death certificate, to claim the real estate excise tax exemption when an heir receives property by operation of law or under a will that has not been probated. It does not itself pass title. See our Washington property records guide for how recorded ownership works.

Liability and false statements

A holder that pays or delivers on the affidavit "is discharged and released to the same extent as if such person has dealt with a personal representative of the decedent," unless it had actual knowledge that a statement in the affidavit was false (RCW 11.62.020). It does not have to investigate the facts, which puts the responsibility on the person who signs.

Whoever receives the property "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." The section sets no time limit on that. If a holder refuses to pay, the successor can recover the property or compel payment in a court proceeding on proof of their right; if a holder receives more than one affidavit, it may pay on the first one it receives or ask a court to decide.

Chapter 11.62 RCW states no penalty of its own for a false affidavit. Separately, RCW 9A.72.040 provides that a person "is guilty of false swearing if he or she makes a false statement, which he or she knows to be false, under an oath required or authorized by law," and that false swearing is a gross misdemeanor.

When to go to court instead

If the probate estate is over $100,000, includes real estate that has to pass through probate, or a personal representative has already been sought, the affidavit is not available. For how a full Washington estate works, see our Washington probate guide.

A surviving spouse, registered domestic partner or dependent children have one more court option. Under RCW 11.54.010, any of them may start a judicial proceeding under chapter 11.96A RCW for an award from the decedent's separate property and the community property that is exempt from attachment, execution and forced sale, and homestead property is included in that award. The award "may be made whether or not any proceedings have been commenced" under the probate title.

RCW 11.54.020 sets a minimum for that basic award that adjusts with inflation: for 2024 and each year after, $125,000 multiplied by an inflation factor based on the Seattle-area consumer price index, rounded to the nearest $1,000. We did not find the current year's dollar figure published, so ask the court or a lawyer for the amount that applies.

Related

• Small estate affidavit rules by state
• Washington probate process
• Washington unclaimed property
• Washington property records
• Oregon small estate affidavit

Disclaimer: This article provides general legal information about the Washington small estate affidavit under chapter 11.62 RCW and related Washington statutes, verified on 2026-10-06. It is not legal advice. For help with a specific estate, contact the superior court clerk or a courthouse facilitator in the county where the person lived, a legal aid office, or a lawyer licensed in Washington.

Last updated: 2026-10-06.

Frequently Asked Questions

What is the small estate limit in Washington?

$100,000. RCW 11.62.010 measures the decedent's entire estate subject to probate, less liens and encumbrances, and leaves out the surviving spouse's or domestic partner's community property interest.

How long after death can I use a small estate affidavit in Washington?

After 40 days from the date of death (RCW 11.62.010). You must also give written notice to all other successors and wait at least 10 days after serving or mailing it.

Does a Washington small estate affidavit need to be filed with the court?

No. You give the affidavit and proof of death to the holder of the property. A copy, including the decedent's Social Security number, must be mailed to the DSHS Office of Financial Recovery.

Can I transfer a house with a small estate affidavit in Washington?

No. Chapter 11.62 RCW covers personal property only. The Department of Revenue's lack of probate affidavit relates to the real estate excise tax exemption, not to transferring title.

Is there an official Washington small estate affidavit form?

The Washington courts do not publish a statewide form for chapter 11.62 RCW. The Northwest Justice Project, a nonprofit, offers a Small Estate Affidavit and a Notice to Other Successors on WashingtonLawHelp.org.

Can a creditor use a small estate affidavit in Washington?

No. RCW 11.62.005 excludes anyone claiming to be a successor solely because they are a creditor of the decedent or the estate, other than the state.

Can a surviving spouse collect a final paycheck in Washington without probate?

Yes, within limits. RCW 49.48.120 requires the employer, on the surviving spouse's request and when no executor or administrator has been appointed, to pay wages owed up to $10,000.