Short answer

Under Washington law, assets that pass automatically to a surviving joint tenant (i.e., by right of survivorship) generally pass outside probate and are not part of the decedents probate estate, so they normally do not have to be listed on the probate inventory that the personal representative files with the court. However, you should still identify and document those assets, because courts, creditors, and institutions sometimes need information about nonprobate transfers. If there is any doubt about title, beneficiary designations, creditor claims, or recent changes in ownership, check with the court or an attorney.

Detailed answer (how this works in Washington)

Washington law treats property that is titled jointly with right of survivorship, transfer-on-death (TOD) or pay-on-death (POD) accounts, named beneficiaries on insurance or retirement plans, and assets held in a valid revocable trust as “nonprobate” in the sense that they pass directly to the named survivor or beneficiary and are not administered through probate. The probate statutes and rules (Title 11 of the Revised Code of Washington) govern what is part of the probate estate and what the personal representative must account for. See Washington probate law overview: RCW Title 11 (Probate & Trust).

Key points:

• Joint tenancy with right of survivorship: When property (for example, a bank account or deed to real property) is owned as joint tenants with right of survivorship, ownership passes by operation of law to the surviving joint tenant(s) at death. That property is generally not part of probate and is not typically included in the formal inventory filed in probate.
• Beneficiary-designated assets: Life insurance, IRAs, 401(k)s, and POD/TOD accounts pass to named beneficiaries outside probate and are generally not included in the probate inventory.
• Trust assets: Assets already titled in a living trust are generally not probate assets.
• Exceptions and complications: Some joint-title situations are effectively gifts to the other joint owner (especially if the deceased retained little or no ownership control), or were created shortly before death to defeat creditors. In such cases the court or creditors may challenge the nonprobate treatment and seek to include the asset in the estate. Also, if the surviving joint tenant is simply a convenience co-owner (for example, joint title used so a caretaker could access funds), the asset may be subject to claims.

What you should do as (or with) the personal representative

1. Review title and beneficiary documents. Confirm how each asset is titled (joint tenancy, TOD/POD, trust, or solely in decedents name). Request recent account statements, deeds, and beneficiary forms from institutions.
2. List nonprobate assets in your records. Even if nonprobate assets are not required on the court inventory, prepare a clear schedule showing each nonprobate item, how it passes, and supporting documents. That makes it easy to explain to the court, beneficiaries, or creditors later.
3. Follow local court instructions. Some Washington courts or local probate rules require the personal representative to file a formal inventory that covers only probate assets; others encourage a listing of all assets (probate and nonprobate) for transparency. Check the order of appointment and local probate rules or ask the clerk what form they expect. Washington probate resources: WA Courts: Probate information.
4. Be cautious about distributing or removing jointly titled assets without documentation. Even if the asset appears to pass automatically, some institutions want a death certificate and specific forms before releasing funds or transferring title.
5. Consider creditor claims. Creditors usually have a limited time to present claims against the probate estate. Nonprobate assets are often insulated from estate claims, but not always (for example, if a transfer was a deliberate effort to defraud creditors). If you suspect creditor issues, get legal advice.

Small estates and simplified procedures

Washington provides simplified procedures for small estates. If the total probate estate is below the statutory threshold, heirs or beneficiaries may be able to use simplified filings or affidavits instead of full probate administration. For details on small-estate procedures in Washington, see the statutory provisions for small estates: RCW chapter 11.62 (Small estates). Whether a specific asset must be listed in a small-estate affidavit depends on how the asset is titled and the particular form used.

Examples (hypothetical)

Example 1: Mom had a checking account titled “Mom and Son, joint tenants with right of survivorship.” Mom dies. The bank transfers the account to the son after he provides a death certificate. The account is not part of Moms probate estate and is usually not included on the probate inventory.

Example 2: Mom put the house in joint tenancy with her daughter two months before she died, but Mom paid all mortgage payments and lived there alone. Creditors of Mom might challenge the transfer as a fraudulent conveyance depending on timing and intent. In that case the property could be pulled into probate or otherwise subject to claims.

When to consult an attorney

• Title or beneficiary designations are unclear or inconsistent.
• Joint ownership was created shortly before death.
• There are significant creditor claims or potential creditor litigation.
• Multiple heirs dispute who gets nonprobate assets.
• The court clerk or local rules seem to require disclosure of nonprobate assets in the probate inventory.

Helpful hints

• Obtain multiple certified copies of the death certificate early; financial institutions routinely require them to transfer or close accounts.
• Collect title documents and beneficiary forms for every major asset (real estate deed, bank account title, IRA/401(k) beneficiary form, life insurance policy, trust documents).
• Make a separate “nonprobate schedule” listing assets that passed by right of survivorship or beneficiary designation, with citations to the account title or beneficiary form and copies of supporting documents.
• Before signing any distributions or transfers, check whether your courts order appointing you or local rules require filing a formal inventory and whether that inventory should include only probate assets or an explanatory list of nonprobate items.
• If you are a surviving joint tenant who already controls an account, document dates and circumstances of joint titling (to protect against later creditor or heir claims).
• Keep good records: who you contacted, what documents you provided, and any written instructions from banks or the court. That protects you if questions arise.
• When in doubt, get a short attorney consultation focused on the specific asset and title wording; a lawyer can often quickly tell you whether an item is likely nonprobate or whether it should be included in the inventory filed with the court.

Disclaimer: This article explains general principles of Washington probate law and is provided for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your particular situation, contact a licensed Washington attorney.