Switching to a Small Estate Process in Washington — A Practical FAQ

Disclaimer: This is educational information only and not legal advice. For legal advice about a specific situation, contact a licensed Washington attorney.

Detailed answer

When an estate reaches a limit that makes you worry about formal probate or an allowance claim, you may be able to avoid full probate in Washington by using the small estate (summary) process for qualifying personal property. Washington law provides a streamlined way to collect and distribute personal property of a decedent without full administration when statutory requirements are met. See the Washington statutes on small estates: RCW Chapter 11.62.

1) Confirm whether the small estate route is available

• Identify the property you want to transfer. The small estate process typically covers personal property (bank accounts, vehicles, household goods, some intangible assets), not real property unless specific local procedures apply.
• Calculate the gross value of the estate assets eligible for the small estate process. Washington’s small estate provisions set eligibility thresholds and rules about what counts; review RCW 11.62 for the statutory definitions and limits.
• Check prior filings. If a formal probate has already been opened, the ability to switch depends on what has been done in that probate. If the court has appointed a personal representative and administration is underway, converting to a small estate process may not be appropriate without closing or modifying the probate. If no full administration has started, you can typically use the small estate affidavit or summary procedures if eligibility is met.

2) How to switch — practical steps

1. Stop or evaluate any pending probate filing. If someone already petitioned for formal probate, contact the court clerk and review the case file. You may need to file a motion in the probate file to terminate or suspend administration if the estate now qualifies for summary disposition.
2. Gather documentation. You will need the decedent’s death certificate, asset summaries (bank statements, title certificates), creditor notices, and any beneficiary designations or wills.
3. Prepare and execute the small estate affidavit or summary-disposition documents required under Washington law. These affidavits generally require a sworn statement of (a) why the affiant is entitled to the property (as spouse, heir, or designated beneficiary), (b) the value and description of the property being claimed, and (c) that no administration is pending or, if one was opened, its status. Use the forms referenced in the statutes or local court forms.
4. Provide required notice. Some small estate procedures require giving notice to creditors and potential heirs or filing the affidavit with the court so it becomes a matter of record. Follow the timelines in the statute so you do not waive creditors’ rights or run into disputes.
5. Present the affidavit to the holder of the asset (bank, DMV, brokerage) or file with the court if the statute requires court acceptance. Institutions often have internal rules for accepting affidavits; they may insist on court-certified copies or their own forms in addition to the statutory affidavit.
6. If the estate is already in probate, file a petition or motion asking the court to allow summary disposition of the remaining personal property under the small estate statute. Explain why the statutory criteria are met and attach the affidavit and inventory. The court may enter an order authorizing distribution without further administration.

3) Special considerations

• If there are surviving family members entitled to a statutory family allowance or support, those claims can complicate using the small estate route. Washington law has provisions to protect surviving spouses and minor children; if there is a claim for allowance or support, you should confirm how that affects whether assets can be distributed via affidavit.
• Creditors’ claims. Small estate procedures still respect creditor priorities. If a creditor timely files a claim, you may need to address that claim or wait out any statutory waiting period before distributing assets.
• Real property and complex assets. Real estate typically cannot be transferred through a small estate affidavit. If the estate includes significant real property, title issues, or debts exceeding simple claims, formal probate may still be required.
• Interstate differences. Rules, dollar limits, and procedures vary widely by state. Do not rely on allowance caps or thresholds from a different state. Use Washington statutes and local court rules for Washington estates.

4) When you should get help

If the estate has contested heirs, unresolved creditor claims, real estate, or a pending probate administration, consult a Washington probate attorney. An attorney can file necessary motions, prepare the correct affidavits, and represent you in court if another party objects to using the small estate process.

Helpful Hints

• Start by reading the Washington small estate statutes: RCW Chapter 11.62.
• Contact the clerk of the county probate court where the decedent lived for local forms and filing requirements — court clerks can often tell you whether a particular affidavit form is accepted.
• Keep careful written records of notices to creditors and transfers you make under an affidavit; these protect you if a creditor later objects.
• If a formal probate case already exists, do not attempt unilateral transfers of estate property without court approval — that can create liability.
• Use certified copies of the death certificate when presenting affidavits to banks, title companies, or the Department of Licensing.
• When in doubt, consult a licensed Washington attorney. Many offer short consultations or limited-scope services for affidavit preparation or a motion to close an estate.

Helpful resources:

• RCW Chapter 11.62 — Small estates / disposition without administration
• Washington Courts website and local county court clerks’ office (search for probate forms and small estate affidavits on the Washington Courts site or the county court website).

Remember: this article is a general guide to Washington small estate procedures. Facts and procedural details matter. If you are dealing with a real estate transfer, active probate case, contested family allowance claim, or creditor dispute, seek a Washington attorney’s help promptly.