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”—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.

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.

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

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.

When probate may be the better choice

Even when an estate qualifies for the small estate affidavit process, probate may provide a more practical way to settle it.

Consider probate or seek legal advice if:

• The estate includes real estate that needs to be transferred.

• There is uncertainty about who inherits, whether a will is valid, or who owns particular assets.

• Another successor will not provide the authority needed to collect property on their behalf.

• Debts are substantial, disputed, or difficult to identify.

• Family disagreements make collecting and distributing property difficult.

Collecting property also means keeping track of it. Maintain records of what you receive, any expenses you pay, and what you distribute to each successor. Written authority to collect another person’s share does not make that share yours.

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.

What about Debts?

In Washington, surviving family members are not responsible for the debts of their deceased loved ones. However, if you take their assets and property through a small estate affidavit or in any other way, you’re on the hook, at least to the extent of the value of the assets you took. So be careful and analyze whether your loved one had much debt. It may not be worth the risk. When using the small estate affidavit process, you are responsible for ensuring that the debts of the decedent have been waived, paid, or arrangements for their payment have been made. Before proceeding with a small estate affidavit, review the decedent’s records, mail, or belongings for any debts that exist.

You may also consider filing and publishing a Nonprobate Notice to Creditors. You are not required to do this, but this might put your mind at ease and avoid future liability for unpaid debts. The process for filing a Nonprobate Notice to Creditors is outlined in chapter 11.42 of the Revised Code of Washington, and is similar to the creditor claim process for estates that are being probated. For a discussion of that process, visit the page on Creditors.

Do you have the original will?

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