Detailed answer — how the small‑estate affidavit process works in Washington

Washington law provides a simplified way for someone entitled to a decedent’s personal property to collect that property without opening a full probate. The relevant statutory framework is in chapter 11.62 of the Washington Revised Code (see the chapter for details and the current dollar threshold): RCW Chapter 11.62.

In plain terms, the usual steps are:

1. Confirm eligibility: Verify that the estate is a small estate under RCW 11.62. That statute defines when a simplified affidavit procedure may be used and sets the monetary limit and other eligibility rules. If the estate contains real property or exceeds the chapter’s limits, use the regular probate process or other statutory procedures instead.
2. Identify the person authorized to act: Washington allows certain people (usually the surviving spouse, heirs, or persons entitled to distribution under a will) to sign the small‑estate affidavit and claim personal property. Make sure you have the legal right to claim the assets you list.
3. Prepare the affidavit accounting for personal property: The affidavit must be sworn (notarized) and should describe the decedent, state the date of death, say no administration is pending, list the personal property and estimated values, identify the claimant and the claimant’s relationship or right to the property, and state that the value of the decedent’s personal property qualifies under the statute.
4. Attach proof: Attach a certified copy of the death certificate. Many payors or custodians (banks, title companies, vehicle departments, etc.) will also ask for identification and proof of your status (e.g., heirship or beneficiary documentation).
5. Present the affidavit to the holder of the property: Give the original affidavit (and required attachments) to the institution or person holding the property—bank, employer, broker, insurer, or the custodian of personal property. That custodian ordinarily may release the property upon receipt of a properly sworn affidavit, subject to any statutory waiting period or internal policies.
6. Follow any waiting periods or notice requirements in the statute: RCW 11.62 and related rules may require waiting or permit a creditor to object. Review the statute for any timing and notice specifics applicable to the collection you are making.
7. Keep records: Keep copies of the affidavit, death certificate, and any receipts or releases the custodian gives. If you distribute property to other heirs or beneficiaries, document those distributions.

Because statutory language and dollar limits can change, always check the statute before relying on the procedure. See chapter 11.62 here: https://app.leg.wa.gov/rcw/default.aspx?cite=11.62.

Step‑by‑step: What to include in an affidavit accounting for personal property

Below is a practical checklist for drafting the affidavit. Local courts or counties sometimes provide form affidavits—check your county court website or Washington Courts forms first.

• Caption: name of the decedent and a clear title such as “Affidavit for Collection of Personal Property (Small Estate)”.
• Affiant identification: full name, address, phone, and relationship to the decedent (e.g., surviving spouse, child, beneficiary under will).
• Decedent facts: full name, date of death, and last residence.
• Statement that no probate/administration is pending and none has been granted in Washington (or elsewhere).
• Statement that the affiant is entitled to the property claimed and a short explanation of the basis (intestate heir, beneficiary, etc.).
• Detailed accounting: itemized list of personal property being claimed (bank accounts, cash, vehicles, household goods, stocks, insurance payable to estate, etc.) with estimated values for each item.
• Statement that the value of all personal property subject to collection qualifies under chapter 11.62 (cite the chapter).
• Signature block and jurat/notary acknowledgment.
• Attachments: certified death certificate and any documents supporting the affiant’s claim (e.g., will, beneficiary designation, trust pages, letters from banks).

Tip: prepare several original affidavits signed and notarized so you can present an original to multiple custodians (bank, DMV, insurer).

When not to use the small‑estate affidavit

• If the estate contains real property (land or houses) you generally cannot use the small‑estate affidavit procedure; follow probate or other specific statutory procedures.
• If the total value of the decedent’s personal property exceeds the statutory small‑estate limit in RCW 11.62.
• If multiple parties claim the same asset or there is a dispute about entitlement—seek legal advice or open probate to resolve competing claims.
• If a known estate administration is already pending for that decedent in any jurisdiction.

Who will accept the affidavit

Common payors/custodians that accept small‑estate affidavits include banks, credit unions, brokerage firms, life insurance companies, and the Department of Licensing for vehicle transfer. Each institution may have its own internal form, additional requirements, or a waiting period before release. Always ask the custodian what they require and present the requested documentation.

Helpful hints

• Obtain several certified copies of the death certificate from the county vital records office; many institutions require a certified copy.
• Have the affidavit notarized and bring government ID when presenting it.
• Keep a careful inventory and photos of physical items if you will distribute or sell them later.
• Check the Washington statutes before acting: RCW Chapter 11.62.
• If you expect creditor claims, consider whether a short waiting period is prudent before distributing funds to heirs.
• If a bank or custodian refuses to release funds, ask for the refusal in writing and consider consulting an attorney or the local superior court clerk for guidance.
• For vehicle titles, the Washington Department of Licensing may have specific forms and procedures—contact them or check their website.

When to consult a lawyer

If the estate value is near the statutory limit, includes real estate, involves complex assets (business interests, retirement accounts with named beneficiaries, out‑of‑state property), or if other people contest your right to the property, consult a lawyer experienced in Washington probate and estate administration. An attorney can advise whether small‑estate procedures are appropriate and prepare or review documents to reduce the risk of later disputes.