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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your situation.

Detailed Answer

Overview of Probate in Washington

When a person dies owning bank accounts, Washington law requires either appointment of a personal representative through probate or use of a small estate affidavit. The chosen path depends on the estate’s value and whether a will exists.

1. Determine the Applicable Procedure

Small Estate Affidavit: If the decedent owned less than $75,000 in personal property subject to probate (including bank accounts) and no real property, you may use a small estate affidavit under RCW 11.28.320. This streamlined process avoids full probate.

Full Probate: If the estate exceeds the small estate limit or includes real property, you must open a probate case, appoint a personal representative, and obtain letters of administration or letters testamentary under RCW 11.28.010 and RCW 11.28.130.

2. Using a Small Estate Affidavit

To access funds under the small estate procedure:

1. Prepare an affidavit stating the decedent’s name, date of death, and a list of personal property (bank accounts). Confirm total value does not exceed $75,000.
2. Obtain a certified copy of the death certificate.
3. Sign the affidavit before a notary public.
4. Submit the affidavit, death certificate, and a bank’s required release form to the financial institution.
5. Receive the funds—banks must release assets up to the limit once documentation is complete.

3. Opening Full Probate

If small estate rules do not apply, follow these steps:

1. File a probate petition in the superior court of the county where the decedent lived (RCW 11.28.020).
2. Provide the original will (if any) and death certificate.
3. Serve notice on heirs and creditors as required by RCW 11.28.110.
4. Obtain letters testamentary (with a will) or letters of administration (without a will).
5. Present the letters and death certificate to the bank. The institution will allow the personal representative to manage or withdraw funds.
6. Maintain an inventory of assets and report distributions to the court.

4. Additional Considerations

• Bond Requirement: The court may require a bond for the personal representative under RCW 11.20.010 unless waived by the will.
• Intestate Succession: If there’s no will, Washington’s intestate rules (RCW 11.04.015) dictate how funds distribute to heirs.
• Bank Policies: Each financial institution has its own forms. Contact the bank early to confirm its requirements.

Helpful Hints

• Check the bank’s small estate affidavit form online before drafting your affidavit.
• Gather multiple certified death certificates—banks often want an original and a copy.
• Keep detailed records of all communications and transactions.
• Notify creditors and publish required notices to limit personal liability.
• Consult an attorney if the estate’s value or complexity exceeds the small estate threshold.