Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Washington’s small estate affidavit process lets heirs collect certain personal property without formal probate. You can use it if the decedent’s personal property subject to creditors’ claims has a net value of $100,000 or less, after deducting liens and encumbrances. Real property generally does not qualify. See RCW 11.62.010.
1. Verify Eligibility
Confirm the estate qualifies as a “small estate.” Under RCW 11.62.010, the total value of personal property requiring probate must not exceed $100,000. Exclude homestead allowances, retirement accounts with designated beneficiaries, and life insurance proceeds.
2. Prepare the Affidavit
Wait at least 30 days after the decedent’s death, then complete the small estate affidavit. Include:
- Decedent’s name, date of death, and last residence.
- Your name and relationship to the decedent.
- A list of all known heirs.
- Description and value of each claimed asset.
- List of debts and liens against the estate.
Refer to the model affidavit in RCW 11.62.050. Notarize the completed form before filing.
3. Serve the Affidavit
After filing, serve a copy of the affidavit to:
- All known creditors with unpaid claims.
- All persons named as heirs in the affidavit.
4. Distribute the Assets
If no one objects within 30 days, distribute property as specified in the affidavit. If an heir objects within that period, you may need to start formal probate under RCW Title 11.
5. Keep Records
Retain copies of the filed affidavit, proof of service, and distribution records. Good documentation protects you against later disputes.
Helpful Hints
- Double-check asset values. Underestimating them can invalidate the affidavit.
- Remember, real property and certain retirement accounts usually fall outside this process.
- File the affidavit in the county where the decedent last resided.
- Keep all heirs informed to reduce objections and conflicts.
- Consider consulting a probate attorney if asset values approach the $100,000 limit or heirs disagree.