Probate in Washington: small estates, no will, skipping court

Updated 2026-10-18

The short answer

In Washington, family can collect personal property with a small estate affidavit if the whole probate estate is $100,000 or less, 40 days after death. Larger estates go through probate, often with nonintervention powers that skip court supervision. Washington has an estate tax: the exclusion is $3,000,000 for deaths on or after July 1, 2026.

When someone dies in Washington, the family's first question is usually practical. Do we have to go to court, and how long will it take?

Often the court part is short. Washington has a small estate affidavit, a probate that can run without court supervision, and a deed that passes a house with no court at all. This page covers each one, plus who inherits if there is no will and the state's estate tax. It is part of our estate planning guides for each state. If the word is new, start with what probate is.

Can my family use a small estate affidavit in Washington?

Yes, if the estate fits. At any time after 40 days from death, a successor can collect the person's personal property with an affidavit and proof of death (RCW 11.62.010).

All of these must be true:

The person who died lived in Washington.
The whole probate estate, wherever located, is worth $100,000 or less after liens and mortgages. A surviving spouse's or partner's half of the community property doesn't count.
Nobody has applied to be personal representative, anywhere.
All debts, including the funeral and burial, are paid or provided for.
The successor gave written notice to the other successors at least 10 days earlier.

There is a catch with real estate. The $100,000 test counts everything in the probate estate, including a house. But the affidavit itself moves only personal property: bank accounts, money owed to the person, securities and vehicle titles. A copy must also be mailed to the state's Office of Financial Recovery.

So a house in the person's own name usually means probate.

Who inherits if there's no will?

Washington's intestacy law decides, and it starts with the fact that Washington is a community property state (RCW 11.04.015).

A surviving spouse or registered domestic partner gets all of the person's half of the community property. Of the separate property, the spouse gets:

One-half, if the person left children or other descendants.
Three-quarters, if there are no descendants but a parent, sibling, niece or nephew survives.
All of it, if there are none of those.

Anything that doesn't go to a spouse passes in this order:

Children and other descendants.
Parents.
The parents' descendants: brothers, sisters, nieces and nephews.
Grandparents, half on each side.
The grandparents' descendants: aunts, uncles and cousins.

Friends never appear on this list. If you want a friend, a charity or a favorite neighbor to receive anything, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.

Who serves as personal representative?

Washington calls the executor a "personal representative." The one named in the will serves if willing and able. Otherwise the law sets the order (RCW 11.28.120):

The surviving spouse or registered domestic partner, or someone they ask to have appointed.
Next of kin: children, then parents, siblings, grandchildren, nephews or nieces.
A trustee, guardian, conservator or agent under a durable power of attorney who controlled substantially all of the person's assets.
People who receive the person's probate or nonprobate assets.
The state revenue director or social services secretary, in certain estates.
Principal creditors.

If nobody petitions within 60 days after death, the court may appoint a public guardianship contract provider or a guardian ad litem. After 90 days, it may appoint any suitable person. These periods changed in 2026, so older articles show shorter ones.

A personal representative doesn't have to live in Washington. A nonresident must file a written appointment of an agent to receive papers, either a county resident or the estate's attorney, and must post a bond unless it is waived (RCW 11.36.010).

What are nonintervention powers?

They are Washington's way of keeping probate simple. With nonintervention powers, the personal representative settles and closes the estate without court supervision (RCW 11.68.011).

The court must grant them when the estate is solvent and the personal representative was named in the will, unless the will says otherwise. They are also granted in some cases with no will, including certain spouse cases. Our post on the probate process walks through the steps, and how long probate takes covers timing.

How long do creditors have?

The personal representative may publish a notice to creditors once a week for three weeks, file it with the court and mail a copy to the state (RCW 11.40.020).

A creditor who gets actual notice has until the later of 30 days after that notice or four months after first publication. A creditor who couldn't reasonably be found is barred four months after first publication (RCW 11.40.051). If no notice is given at all, creditors have 24 months after death, and that limit reaches nonprobate assets too.

How much is the personal representative paid?

Washington says "just and reasonable" compensation, as the court sees fit, with no percentage schedule (RCW 11.48.210). If the will sets the pay, that is the full amount unless the personal representative turns it down before taking the job. Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Yes, with a transfer on death deed (RCW 64.80.030). What to know:

It must be signed like any recordable deed and say the transfer happens at your death.
It must be recorded with the county auditor before your death.
You can always revoke it, but only by recording a new deed or a revocation. A will can't undo it (RCW 64.80.080).

A living trust is the other common way to keep a home out of court. One Washington rule matters here: a trust is irrevocable unless it expressly says it is revocable (RCW 11.103.030). Most states assume the opposite, so check the wording. Our posts on what a trustee does and how to avoid probate compare the options.

Will my heirs owe Washington estate tax?

Possibly. Washington has an estate tax, though no inheritance tax, and the numbers changed in the middle of 2026 (Washington Department of Revenue; RCW 83.100.020; RCW 83.100.040):

Date of death	Exclusion amount	Tax rates on the taxable estate
January 1 to June 30, 2026	$3,076,000	10% on the first $1 million, rising to 35% above $9 million
On or after July 1, 2026	$3,000,000 (indexed for inflation from 2027)	10% on the first $1 million, rising to 20% above $9 million

A return is required when the gross estate reaches the exclusion amount.

Which path fits?

Situation	Likely path
Probate estate of $100,000 or less, no house in the person's own name	Small estate affidavit after 40 days
House passed by a recorded transfer on death deed, small accounts	Deed for the house, affidavit for the rest
Everything held in a revocable living trust	Trustee settles it, no probate
Larger estate, solvent, personal representative named in the will	Probate with nonintervention powers
Disputes or an insolvent estate	Probate with court involvement

Here is a typical case, a composite. Ruth, 76, lived in Olympia and never married. Her house had a recorded transfer on death deed naming her nephew. Her other assets were a checking account and a car, well under $100,000. Forty days after she died, her nephew used the affidavit for the account and the car, and the deed passed him the house.

Some people would rather not leave this to a nephew in another state. A Kinly membership includes a will and revocable trust written for your state, and Trella Trust Company, a Washington State chartered trust company, can be named in the roles you choose, first or as backup. If it steps in and does work, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your powers of attorney. See our Washington financial power of attorney guide and Washington medical power of attorney guide.

Common questions

What is the small estate limit in Washington?

The whole probate estate must be $100,000 or less after liens, not counting a spouse's community half. The family waits 40 days after death and gives other successors 10 days' notice. The affidavit moves only personal property, not a house.

Does a surviving spouse inherit everything in Washington?

Not always. With no will, the spouse gets all the community property but only half the separate property if there are descendants. If there are no descendants but a parent or sibling survives, the spouse gets three-quarters of the separate property.

Can someone who lives in another state be a personal representative in Washington?

Yes. A nonresident must appoint an agent in Washington to receive legal papers and post a bond unless it is waived.

What is the Washington estate tax exclusion in 2026?

It depends on the date of death. It is $3,076,000 for deaths January 1 to June 30, 2026, and $3,000,000 for deaths on or after July 1, 2026. The top rate also dropped from 35% to 20% on July 1.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in Washington: rules, signing, who to namePower of attorney in Washington is durable only with the right words, needs a notary or two witnesses, and banks must answer within seven business days.State guidesMedical power of attorney in Washington: how it works, how to signMedical power of attorney in Washington: how to sign with a notary or two witnesses, who can't witness, the health care directive, and who decides by default.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.