Detailed answer — Using Washington’s small-estate affidavit to collect a deceased parent’s bank account
This answer explains, in plain language, how Washington law allows a person to use an affidavit to collect certain types of a decedent’s (your father’s) personal property — including funds in a bank account — without opening a full probate administration. This is an overview only. It is not legal advice.
What this process is and when it applies
Washington provides a statutory procedure called an “affidavit for collection of personal property of a decedent.” The affidavit lets an eligible person (an heir or other person entitled to the property) present a sworn statement to a holder of the property — for example, a bank — and claim the decedent’s personal property when certain conditions are met. See the Washington statute at: RCW chapter 11.62.
Key conditions that commonly matter (confirm exact language in the statute):
- No personal representative (executor) of the decedent’s estate has been appointed, or the applicable waiting period has passed so the affidavit procedure can be used.
- The property being collected is personal property (money in a decedent-only bank account qualifies; real property does not).
- The affidavit procedure applies only where the statutory conditions (including any dollar limit and timing rules) are met. Review RCW chapter 11.62 for the precise requirements and limits, and confirm a bank’s internal policies.
Step-by-step: How to use the affidavit to claim a bank account
- Confirm the account ownership type. If the account had a payable-on-death (POD) or “transfer on death” beneficiary named, or it was jointly owned with rights of survivorship, the bank normally transfers the funds to the named beneficiary or joint owner. If not, the account is part of the decedent’s personal property and subject to probate or collection by affidavit.
- Check whether a personal representative has been appointed. If someone already filed for probate and a personal representative was appointed, the affidavit procedure generally cannot be used. You can search court records in the county where your father lived or contact the clerk for confirmation.
- Confirm statutory eligibility and any dollar limits. Read RCW chapter 11.62 (the law that authorizes the affidavit). The statute sets the eligibility rules, timing, and any value limits for personal property that can be collected using the affidavit. Link: https://app.leg.wa.gov/rcw/default.aspx?cite=11.62.
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Gather required documents. Typical bank requirements and the statute’s requirements include:
- Certified or original death certificate for your father.
- A completed Washington small-estate affidavit form (see RCW 11.62 language for required contents).
- Proof of your identity.
- Documents showing your relationship to the decedent (e.g., birth certificate) if the bank requests it.
- Bank statements or other documents showing the account and its balance.
- Prepare the affidavit carefully. The affidavit must include the information the statute requires (your name and address, the decedent’s name and last address, that no personal representative has been appointed, the value of the property being claimed, a description of the property, and a statement under penalty of perjury that the affiant is entitled to the property). The affidavit must be signed and notarized.
- Present the affidavit and supporting documents to the bank. Many banks have their own forms or internal procedures in addition to the statutory affidavit. Provide a certified copy of the death certificate, the notarized affidavit, and any requested ID. The bank will determine whether to release funds directly to you or require additional steps.
- Split funds according to intestacy or the will. If your father died without a will, Washington’s intestacy laws determine who inherits the property. If the decedent left a will naming beneficiaries, distribution follows the will (unless the will requires probate administration). If other heirs exist, you may need an agreement among heirs or a court order to finalize distribution.
- Watch for creditor claims and other risks. Collecting property with an affidavit does not eliminate creditor claims. If the estate has creditors, collecting and distributing assets without handling known debts can create personal exposure. If you suspect substantial debts, consult a probate attorney before collecting funds.
When NOT to use the affidavit
- The estate includes real property or the statutory conditions for the affidavit are not satisfied.
- A personal representative has already been appointed and is dealing with estate property.
- Significant disputes exist among heirs or potential creditors — in those cases, formal probate or legal advice is often advisable.
Where to find the law
Read the Washington statute and required language in full at: RCW chapter 11.62 — Affidavit for collection of personal property of decedent. That chapter lists the required affidavit contents, timing, and procedures. If you need county-specific forms or court confirmation, contact the county superior court clerk in the county where your father lived.
Practical example (hypothetical)
Suppose your father died owning a single checking account in his name with a $12,000 balance, no named POD beneficiary, and no probate has been opened. If RCW 11.62’s conditions apply, you (as an heir) could prepare the notarized affidavit stating the account amount and that no personal representative has been appointed, attach a certified death certificate, and present these to the bank. If the bank accepts the affidavit under the statute and the bank’s policy, it may release the funds to you, and you would then distribute them according to the will or Washington intestacy rules.
Important caution
If there are potential creditors, contested heirship, or questions about whether the statute’s dollar limit or timing requirements apply, stop and get legal advice before collecting funds. Collecting under the affidavit when not entitled can expose you to liability.
Disclaimer: This is general information only and is not legal advice. For advice about your specific situation, consult a licensed Washington attorney.
Helpful hints
- Get multiple certified copies of the death certificate early — banks and other institutions will ask for them.
- Call the bank ahead of time to ask whether they accept the statutory affidavit or require their own form and what ID they require.
- Confirm whether the account was titled as POD or joint. That often resolves the matter quickly without any affidavit or probate.
- Keep a written record of all communications with the bank and copies of documents you give them.
- If other heirs exist, try to get a signed agreement in writing about distribution before collecting funds — banks may ask for this.
- Check county court online records (or call the clerk) to confirm no probate has been opened in your father’s county of residence.
- If the estate may have significant debts or complicated assets (real property, business interests), consult an attorney before using the affidavit.
- Use the statute text as your authority: RCW 11.62.