Detailed answer
Short answer: Under Washington law, you must compare the decedent’s total personal property subject to probate against the statutory small‑estate dollar limit. As of the current statute, Washington allows use of the small‑estate affidavit (affidavit for collection of personal property) when the personal property subject to administration does not exceed $100,000. See RCW 11.62 (especially RCW 11.62.010).
Important disclaimer: This article is educational only and not legal advice. I am not a lawyer. For legal decisions or questions about a specific estate, consult a Washington probate attorney.
What Washington law requires
Washington’s small‑estate procedure lets a person collect certain personal property of a decedent by sworn affidavit rather than by formal probate when the total value of the decedent’s personal property subject to administration is at or below the statutory limit. The controlling statute is chapter 11.62 RCW. Read the statute here: RCW 11.62 and the primary provision here: RCW 11.62.010.
Step‑by‑step: how to determine whether a bank account falls inside the small‑estate limit
- Confirm the statutory limit. Start by checking RCW 11.62 to confirm the dollar limit (the statute sets the maximum value of personal property that may be collected by affidavit). Link: RCW 11.62. (Laws can change, so verify the current amount before you act.)
- Identify whether the account is “subject to administration.” Not every bank account is part of probate. Accounts that typically pass outside probate and therefore usually are NOT counted toward the small‑estate total include:
- Accounts titled jointly with right of survivorship (joint tenancy).
- Accounts with a payable‑on‑death (POD)/in‑trust‑for (ITF) beneficiary designation.
- Cash value of life insurance or retirement accounts with named beneficiaries (those pass outside probate).
If the bank account is solely in the decedent’s name and has no POD or beneficiary, it generally is “subject to administration.”
- Get the balance as of the date of death. The relevant value is the account balance on the decedent’s date of death. Ask the bank for a copy of the account statement and the balance on the date of death. Banks typically require a death certificate and proof of your authority before releasing account information.
- Inventory all personal property subject to administration. Small‑estate rules look at the total personal property subject to administration—not just the single bank account. Common items to include:
- Checking and savings accounts (solely titled, no POD).
- Cash and cash equivalents.
- Personal property such as vehicles, jewelry, furniture, and certain investment accounts that lack beneficiaries or joint titling.
Exclude assets that pass outside probate (joint accounts, POD, beneficiary‑designated insurance/retirement, and real property titled in a way that bypasses probate). The statute concerns personal property, not real property.
- Calculate the total value subject to administration. Add up the values of all items that are part of the probate estate. If the total is at or below the statutory limit (see RCW 11.62), you may be able to use the small‑estate affidavit procedure to collect the bank account and other personal property.
- Watch for debts and creditor issues. Even when the estate qualifies as “small,” there are creditor considerations and procedural requirements described in RCW 11.62. Make sure you follow statutory steps and timelines when using the affidavit procedure. See the chapter: RCW 11.62.
- Complete the affidavit and present it to the bank. If the estate qualifies, complete the affidavit form (the affidavit must include specified statements under RCW 11.62). Present the sworn affidavit and any documents the bank requires (death certificate, your ID). Banks have internal policies about accepting affidavits, so call first to confirm their process.
Common pitfalls and examples
Example A — Sole account: A decedent had a sole checking account with $18,000 and household items worth $1,500. Those add to $19,500. If Washington’s threshold is $100,000, the estate is well under the limit and you likely can use the affidavit (after confirming nothing else counts and following procedures).
Example B — Joint account or POD: A bank account shows $25,000 but is titled as POD to a named beneficiary or as joint tenancy with right of survivorship. That account will typically pass outside probate and is not counted toward the small‑estate total.
Example C — Retirement accounts and life insurance: A retirement account or life insurance policy naming a beneficiary is usually not part of the probate estate. Do not include these values when checking the small‑estate threshold, but confirm the beneficiary designation is valid and current.
Where to find forms and more information
Read RCW chapter 11.62 for the statutory details and required content of the affidavit: https://app.leg.wa.gov/rcw/default.aspx?cite=11.62. If you want a court or administrative form, check Washington Courts or county superior court websites for an affidavit form or instructions on small‑estate collections. For personalized help, consult a Washington probate attorney.
Helpful Hints
- Always verify the current dollar threshold in RCW 11.62 before relying on it. Laws change.
- Ask the bank for the account balance as of the date of death; that is the figure you must use.
- Check the account title carefully—POD, ITF, and joint tenancy usually remove the asset from probate and do not count toward the small‑estate limit.
- Don’t forget other personal property (vehicles, personal effects, uninsured cash) when totaling the estate value.
- If the estate is close to the limit, consult a probate attorney before signing or submitting an affidavit.
- Keep certified copies of the death certificate handy—banks require them to release information or accept affidavits.
- If a bank refuses an affidavit, ask for its written policy and consider getting a short consultation with probate counsel or contacting the county court clerk for guidance.
Reminder: This information explains Washington’s small‑estate affidavit concept and practical steps to check whether a bank account is within the statutory limit. It is educational only and does not constitute legal advice.