Understanding which assets to list on a Washington small estate affidavit

Short answer: List only assets that were owned solely by the decedent at death and that are within the scope and dollar limit of Washington’s small estate affidavit law. Do not list property that passed automatically (joint tenancy, community property with right of survivorship), assets with named beneficiaries (payable-on-death, TOD, retirement accounts, life insurance), real estate, or property held in trust. Always confirm applicability against the statute and the institution holding the asset before signing. This is not legal advice. See the disclaimer at the end.

Detailed answer — how to decide which assets to list

Washington law provides a simple affidavit process for collecting certain personal property of a deceased person without formal probate. The statute explains who may use the affidavit and what kinds of property it covers. See RCW 11.62.010 and related provisions for the statutory framework: RCW 11.62.010, RCW 11.62.020, RCW 11.62.030.

Follow these steps when deciding what to list on the affidavit:

• Identify legal ownership at the decedent’s death. The key question is: was the asset owned solely by the decedent in their name (subject to the dollar and type limits in the statute)? If yes, it is a candidate to list. If the asset was jointly owned with a right of survivorship, or if there was a named beneficiary, it usually passes outside the estate and should not be listed as the decedent’s asset.
• Know what the statute covers. Washington’s small estate affidavit covers certain personal property and choses in action described by the statute. It generally does not cover real property or interests that require court action to transfer title. Review the statute linked above to confirm whether the particular item is eligible.
• Exclude assets that pass by operation of law or contract. Common examples you should NOT list as decedent-owned: joint bank accounts where the survivor automatically owns the funds; bank accounts or securities with payable-on-death (POD) or transfer-on-death (TOD) designations; retirement plans and IRAs with designated beneficiaries; life insurance payable to a named beneficiary; and property held in living trusts. Those items typically transfer directly to the co-owner or beneficiary.
• Be careful with titled assets (cars, boats). If a vehicle was titled solely in the decedent’s name, it may be collectible under the small estate procedure, but many agencies require additional documents (death certificate, DMV forms, lien information). If the vehicle has a lien, the lien remains; listing the vehicle does not eliminate the lien. For Washington vehicle title procedures see the Department of Licensing guidance: WA DOL — Title transfer.
• Consider encumbrances and third-party claims. If an asset has a mortgage, lien, or other encumbrance, list the asset honestly but note the lien or encumbrance. The affidavit allows collection of the asset but does not clear liens or substitute for paying creditors.
• When to put zero or leave blank.
  • Do not put a value if an asset is not being claimed as part of the decedent’s small estate. If a bank account is POD to a named beneficiary and you are not claiming the decedent’s interest, leave it out of the affidavit rather than listing it with zero.
  • If a decedent owned an account but its balance is zero at death, you may list it with a zero value if you want to show the account was checked and had no value. However, listing trivial or zero-value items is usually unnecessary—focus on accounts and property with monetary value or that institutions request be listed.
  • If you are uncertain whether an asset should be included, check the account title and beneficiary designations first. If the account title shows the decedent as sole owner, list it and give your best good-faith estimate of its value (attach statements when possible). If an institution specifically asks you to list all accounts (including zero-balance), follow their form instructions and be truthful.

Common examples (hypothetical)

• Example A: The decedent had a savings account titled only in their name with $3,500 at death. List that account and the $3,500 value, and attach the statement if required.
• Example B: The decedent had an IRA with a named beneficiary. Do not list the IRA as part of the small estate—beneficiaries generally receive directly under the plan contract.
• Example C: The decedent owned the house with a child as joint tenants with right of survivorship. Do not list the house on the small estate affidavit because it passes automatically to the joint tenant (and real property usually falls outside the small estate affidavit process).
• Example D: The decedent owned a car titled solely in their name but subject to a loan. You may list the car and note the outstanding loan. The creditor’s lien still needs to be addressed separately.

Practical steps to prepare a correct affidavit

1. Collect title documents and account statements. Confirm how each account is titled and whether a beneficiary exists.
2. Obtain certified copies of the death certificate. Institutions routinely require those.
3. Check the statutory requirements and dollar limit in RCW 11.62.010 before relying on the procedure: RCW 11.62.010.
4. Contact each institution (bank, brokerage, DMV, insurance company) to learn what documentation they require to release property under an affidavit. Requirements vary by institution.
5. Fill the affidavit truthfully, list only property that fits the statute, and attach supporting documents and account statements where possible.
6. Have the affidavit notarized and present it to custodians with the required supporting documents. Some items (real property transfers) are not accepted via this affidavit.
7. If the estate is borderline or contains real property, high-value assets, disputes, or complex tax matters, consult an attorney before proceeding.

Helpful hints

• Always confirm account title and beneficiary designations—those control more than the affidavit.
• Do not list assets you know passed automatically by joint ownership or beneficiary designation.
• When in doubt, call the bank, insurer, retirement plan administrator, or DMV to ask whether they will accept a small estate affidavit and what they require.
• Keep good records: attach copies of statements, deeds, titles, and the death certificate to the affidavit package.
• Do not use the small estate affidavit if the estate contains real property that must be transferred through probate or other statutory mechanisms.
• Be honest. A false affidavit can create liability for the person presenting it and may trigger criminal penalties.
• If more than one person claims to be entitled to the same property, do not attempt to resolve the dispute using the affidavit; seek legal help or court guidance.

Where to get more information and forms

Read Washington’s small estate statutes: RCW 11.62.010 and the related sections. For vehicle title questions, consult the Washington Department of Licensing: WA DOL — Title transfer. Contact the institutions that hold the assets to learn their affidavit acceptance policies and required documentation.

When to get legal help

If the estate appears to exceed the statute’s limits, contains real property, has unresolved debts or creditor claims, has competing claimant(s), or involves complicated title/ownership questions, speak with an attorney. An attorney can help confirm whether the small estate affidavit is appropriate and can prepare the documents or initiate probate if needed.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and facts matter. For advice about a specific situation in Washington, consult a licensed Washington attorney.