Quick answer

Generally no — the Washington “small estate” affidavit process is for collecting certain personal property, not for transferring or selling real property such as a house. If the house passes outside probate (for example, by joint tenancy, a valid Transfer-On-Death deed, or other nonprobate device), you can usually deal with the property without publishing creditor notice. If the house is solely in your mother’s name and must go through probate, the personal representative usually must give notice to creditors under Washington probate law before selling estate real property. See the statutes cited below for the controlling rules.

Detailed answer — how Washington law treats small estates, creditor notice, and sale of real property

1) Small-estate affidavit vs. real property: Washington’s small-estate/collection procedures are aimed at allowing heirs to collect personal property (bank accounts, household goods, personal items) without formal administration in some situations. Those procedures do not generally authorize a beneficiary or heir to sell or convey real property that is titled solely in the decedent’s name. For the statute governing the affidavit/collection process, see RCW 11.62.010 et seq.: RCW 11.62.010.

2) When the house passes outside probate: If the house automatically passed to someone on death (examples: joint tenancy with right of survivorship; a valid Transfer-On-Death deed; or a named beneficiary for the property), you typically do not need to open probate or publish a notice to creditors to transfer or sell. Washington’s law on transfer-on-death instruments can be reviewed at the statutes addressing transfer-on-death provisions (see the Transfer-On-Death statute): RCW chapter 64.12. Check the deed and the county recorder’s records to confirm how title was held.

3) When probate is required: If the decedent owned the house solely in her name with no valid nonprobate transfer device, you usually must open probate (formal administration or limited/simplified probate where available) to get authority to sell the house. As part of formal probate administration, the personal representative must give notice to creditors. The probate notice and creditor claim procedures are set out in Washington law; see the statutory provisions governing notice to creditors and administration: RCW 11.40.020 (notice to creditors) and related sections in RCW Title 11.

4) What the creditor-notice requirement means in practice: When a personal representative is appointed and starts probate, Washington law requires notice to creditors so potential claimants have an opportunity to present claims. The requirement to publish notice and the claim window protects the estate and gives potential buyers or title companies assurance that claims are being addressed before or at closing. If the estate goes through probate and the personal representative plans to sell the house, expect the probate court and title company to require that creditor-notice steps are completed or that the sale be approved by the court.

5) Short timeline and consequences: If you try to sell the house without proper authority (no probate, no valid nonprobate transfer), the buyer’s title insurer may refuse coverage and the buyer likely will not close. If you sell after becoming personal representative but before properly notifying creditors or getting court approval (when required), the sale could be set aside or the estate exposed to creditor claims.

Practical steps to take

1. Check title and transfer documents. Look at the deed, recorded documents, and county records to see if the house is held in joint tenancy, has a Transfer-On-Death deed, or names a beneficiary.
2. Determine whether the estate qualifies for the small-estate personal-property affidavit. If you only need personal property (bank accounts, personal effects), RCW 11.62 may help; it usually does not let you transfer real estate.
3. If the real property is in your mother’s sole name, consult probate procedures. If probate is required, you (or someone) will need to petition the court to be appointed personal representative.
4. Expect creditor-notice requirements in probate. If you open probate, follow the court’s requirements for notice to creditors and any waiting periods before sale unless the court grants permission to sell earlier.
5. Talk to a probate-savvy real estate title company or attorney before listing the property. They can confirm what documentation a buyer will need and whether a court order is necessary.

Helpful hints

• Do not assume the small estate affidavit covers real estate. It generally does not.
• Look for Transfer-On-Death deed, joint tenancy, or a payable-on-death/transfer beneficiary instead — those avoid probate.
• If you must probate, timely publish the court-required notices and follow claim deadlines so a sale can proceed cleanly.
• Obtain a preliminary title report early. It will show recorded interests and any names or devices that pass property outside probate.
• If the sale must occur quickly (e.g., urgent expense), discuss a court petition for expedited sale or appointment of a temporary personal representative with a probate attorney.
• Keep clear records and copies of all court filings, published notices, and communications with title companies and potential buyers.

Where to read the law

Statutes referenced above:

• Small-estate collection/affidavit: RCW 11.62.010 (and following sections in chapter 11.62)
• Notice to creditors and probate administration rules: RCW 11.40.020 (see related sections in RCW Title 11)
• Transfer-on-death instruments for real property: RCW chapter 64.12

When you should talk to an attorney

If the house is titled only in your mother’s name and you plan to sell, consult a probate or real estate attorney in Washington before listing or signing any sales contract. An attorney can confirm whether probate is required, whether creditor notices and waiting periods apply, and whether the court’s approval will be needed for a sale.