Detailed answer — how the Washington small‑estate affidavit works

Washington law provides a simplified affidavit procedure that lets certain persons collect and distribute a deceased person’s personal property without opening a formal probate estate. The process is intended for smaller, uncontested estates and is generally faster and less expensive than formal probate.

Key points you need to know:

• Eligibility and value limit: Washington statutes set a dollar threshold and other eligibility conditions for using the small‑estate affidavit. Whether the estate qualifies depends on the total value of the decedent’s personal property in Washington and other statutory requirements. Always check the current threshold and rules in the statute: see RCW chapter 11.62 (RCW 11.62).
• Applies mainly to personal property: The small‑estate affidavit is used to collect personal property (cash in bank accounts, personal effects, some personal assets) held in the decedent’s name. It typically does not transfer real property (real estate) or some titled assets (cars, some investment accounts) unless state law or the holder will accept it. If the estate includes real property, formal probate or a different procedure is often required.
• No ongoing probate case: The affidavit procedure generally requires that no formal probate or administration proceeding has been opened for the decedent’s estate. If someone already filed a probate case, the affidavit route is usually unavailable.
• Timing and waiting period: The statute includes a waiting requirement after the decedent’s death before an affidavit can be used, and it addresses notice to creditors and others. Review the statute for the exact waiting period and conditions: RCW 11.62.
• What the affidavit does: The affidavit is a sworn statement from the person claiming the property (an heir or other entitled person) describing the decedent, stating the value and location of the assets, declaring that no probate has been opened, and stating why the affiant is entitled to the property. The affidavit is presented to the custodian (bank, employer, or personal property holder), often with a certified death certificate and identification.
• Institution acceptance: Banks and other holders of property are not strictly required by statute to accept an affidavit in every case; many institutions have internal policies and may require additional documentation or may insist on opening probate, especially for larger accounts, accounts with multiple parties, or when there is any dispute. The affidavit is a tool, not an absolute right to immediate access to every asset.
• Creditors and claims: Using a small‑estate affidavit does not necessarily eliminate creditor rights. Creditors may still have claims against the decedent’s estate. If there are likely to be significant creditor claims, or contested claims, formal probate may be safer to properly resolve creditor claims and limit personal liability for those who distribute assets.
• Intestate succession: When the decedent died without a will, heirs are determined under Washington’s intestacy rules (Title 11, RCW). The affidavit applicant should be confident about who the rightful heirs are before distributing assets. For the statutory intestacy rules see RCW Title 11 (Probate and Trusts).

In short: yes — Washington’s small‑estate affidavit procedure can be used to collect and distribute personal property for an intestate estate if the estate meets the statutory qualifications (value limit and other conditions). But it is limited in scope (usually personal property only), and it will not be appropriate when there is real property, disputes among heirs, significant creditor exposure, or when a probate has already been opened. See RCW 11.62 for the controlling rules: RCW 11.62.

When you should NOT rely on a small‑estate affidavit

• The estate includes real estate or titled assets (property that requires a deed or title transfer).
• There is any dispute among potential heirs about who is entitled to the property.
• The estate likely has significant creditor claims or unresolved debts.
• A probate or other administration proceeding has already been opened for the decedent.
• Institutions holding assets refuse to accept an affidavit or demand probate.

Helpful Hints — quick checklist to use a small‑estate affidavit in Washington

1. Read the statute: confirm the current dollar threshold and requirements in RCW chapter 11.62 (RCW 11.62).
2. Inventory assets: list all personal property in Washington and estimate fair market value. Exclude real property unless the holder accepts affidavits for that asset.
3. Confirm no probate is open: check with the county superior court where the decedent lived to ensure no administration case exists.
4. Gather documents: certified death certificate, IDs for the affiant(s), documentation establishing heirship (birth certificates, marriage certificates, family records), and account statements or asset descriptions.
5. Prepare the affidavit carefully: follow statutory language and include required statements (identity of decedent, date of death, relationship of affiant, description and value of property, statement no probate opened, and any other statutory declarations). Have it notarized if required.
6. Present the affidavit to the custodian with a death certificate: banks and others may accept it and release assets; be prepared to provide additional documentation if requested.
7. Keep records: document everything you submit and keep receipts of distributions to show you acted properly if a creditor or other claimant later complains.
8. When in doubt, consult a probate attorney: if the estate includes real property, substantial assets, debts, or contested claims, an attorney can advise whether probate is safer and can help prepare and file it properly.