Detailed answer
Short answer: Not always. Whether you must open a probate estate in Washington depends on what the decedent owned, how those assets are titled, whether creditors must be paid, and whether the estate qualifies for simplified procedures under Washington law.
How Washington law treats an estate with no will
When a person dies without a valid will, their property passes according to Washington’s intestate succession rules. Those rules determine who inherits (spouse, children, parents, siblings, etc.). See Washington’s intestacy statutes: RCW 11.04.010 and the rest of Title 11, which governs probate and succession: RCW Title 11.
When probate administration is required
Probate administration (opening a formal estate case in superior court and appointing a personal representative) is usually required when:
- The decedent owned real estate solely in their name and title must be changed.
- The decedent owned bank, investment, or other assets that do not have a beneficiary or payable-on-death (POD) designation and are titled only in the decedent’s name.
- Creditors must be notified and paid from estate assets, or there are contested creditor or beneficiary claims.
- There are disputes among potential heirs about who should inherit or how assets should be distributed.
In those situations, a personal representative (sometimes called an administrator when there is no will) is appointed by the superior court to gather assets, pay valid debts and taxes, and distribute what remains under Washington’s intestacy rules.
When probate may be avoidable or simplified
Washington law and common estate practices provide several nonprobate ways to transfer property at death. If all assets pass outside probate, then you may not need to open a full probate estate. Examples include:
- Joint tenancy or community property with right of survivorship — property titled jointly may pass automatically to the surviving owner.
- Designated beneficiaries — life insurance, retirement accounts, and accounts with beneficiary or payable-on-death designations pass to named beneficiaries without probate.
- Transfer-on-death (beneficiary) real estate instruments where available — specific recording rules may apply.
- Small estate procedures — Washington allows simplified, nonprobate methods to collect certain personal property when the estate is small. See the small estate statute: RCW 11.62.010.
If all the decedent’s property passed automatically to survivors (for example, everything was jointly owned or had beneficiary designations), no probate administration may be required. But even when some assets pass outside probate, you may need to open a probate estate to clear title to real property, handle unresolved creditor claims, or address assets that remain titled solely in the decedent’s name.
Practical steps to determine whether to open probate in Washington
- Make a complete inventory of the decedent’s assets and how each item is titled (sole name, joint owner, beneficiary designated, etc.).
- Check for a will. Even if the will appears invalid or outdated, locating it early matters because it can affect who you contact and how assets are handled.
- Identify assets that clearly avoid probate (beneficiary designations, POD accounts, joint title).
- If the decedent held real property solely in their name, or if significant assets remain without beneficiary designations, contact the superior court probate clerk in the county where the decedent lived for local filing requirements.
- If the estate is small and consists only of personal property eligible under RCW 11.62.010, explore the small-estate affidavit or other simplified procedures under the statute.
- When in doubt, consult a probate attorney. Even a short consult can clarify whether formal probate is necessary and what deadlines or notices apply.
Timing, costs, and common concerns
Probate can take several months to a year or longer, depending on estate complexity and creditor claims. Costs include court filing fees, possible publication and notice fees, personal representative compensation, and attorney fees if you hire counsel. You do not need a will to open a probate estate — the court will appoint an administrator to follow intestacy rules if no will exists.
Where to look in the law
Relevant Washington statutes and resources:
- Washington probate and succession statutes (Title 11): RCW Title 11
- Intestate succession (who inherits without a will): RCW 11.04.010
- Small estate procedures and affidavit: RCW 11.62.010
Important: This summary explains general principles under Washington law. Specific outcomes turn on the estate’s facts and local court practice.
Disclaimer: This article is for educational purposes only and is not legal advice. Consult a licensed Washington attorney to get advice tailored to your situation.
Helpful Hints
- Start by gathering all paperwork: deeds, bank statements, account titles, insurance policies, and retirement account statements. Titles and beneficiary forms determine what must go through probate.
- Look for a will in safe deposit boxes, home safes, or with the decedent’s lawyer. If you find a will, file it with the probate court in the decedent’s county.
- Contact institutions holding assets (banks, brokers) to learn their procedures for releasing funds to survivors or requiring probate.
- If the estate appears small and consists mainly of personal property, review RCW 11.62.010 to see if a small-estate procedure applies.
- Keep accurate records of all communications, receipts, and distributions. Courts and beneficiaries will expect good documentation.
- If multiple potential heirs disagree, consider mediation early — disputes can make probate longer and more expensive.
- When in doubt, ask the county superior court probate clerk for filing forms and local rules, and consider a short consultation with a probate attorney to avoid costly mistakes.