Washington Small Estate Affidavit Explained

For smaller Washington estates, the small estate affidavit offers a real, well-defined alternative to full probate - with one calculation quirk specific to Washington’s community property status.

What is the threshold, exactly?

Washington’s small estate affidavit (RCW 11.62.010) is available when the value of the decedent’s entire probate estate, wherever located, less liens and encumbrances, does not exceed $100,000.

Why doesn’t the surviving spouse’s property count?

Because Washington is a community property state, a surviving spouse or state-registered domestic partner already owns half of the couple’s community assets outright. That share was never part of the probate estate to begin with, so it’s specifically excluded from the $100,000 calculation - meaning the actual probate assets subject to the limit can be considerably smaller than the couple’s total combined wealth.

How long must you wait, and do other heirs need to be notified?

At least 40 days must have elapsed since the date of death before the affidavit can be used. Before actually collecting assets, the claiming successor must give at least 10 days written notice of the claim, by personal service or mail, to all other successors of the decedent.

What doesn’t count toward the limit?

Non-probate assets - funds in a funded revocable living trust, payable-on-death accounts, or life insurance with a named beneficiary - bypass probate automatically and don’t count toward the $100,000 limit at all.

Does this cover real estate?

No - the small estate affidavit cannot be used to transfer, sell, or alter the title of any real estate - even if the property’s net equity is well under the $100,000 limit. A home titled solely in the decedent’s name generally requires full probate to clear title, regardless of how modest the rest of the estate is.

What should I do next?

Separate community property from the decedent’s own probate estate before comparing it to the $100,000 threshold. If real estate is involved, plan for full probate on that specific property regardless of how modest everything else is, and remember to notify all other successors before collecting.

Is there another way to transfer real estate without probate?

Possibly. One legal source describes a separate Washington “lack of probate” affidavit for real property that can be used when no probate has been opened and the estate is solvent, whatever the property’s value. We did not read that law, so ask the county auditor, the title company, or a Washington attorney whether it fits. The small estate affidavit itself still cannot transfer real estate, though the equity in real estate counts toward the $100,000 limit, according to the Northwest Justice Project’s guide.

Add this to your Final Day Plan: a rough total of your non-community, probate-bound assets - it’s a more useful figure for your family than your total net worth, given how much community property is excluded here.

Washington law changes periodically, including this specific dollar threshold. This is general educational information, not legal advice - confirm current requirements directly with a Washington-licensed attorney.