Washington probate code · checked October 2026

Washington Small Estate: The Limit, the Tracks, and the Form

For money and belongings, Washington's affidavit limit is $100,000 — applied to the estate after the assets that pass automatically are taken out. Washington's affidavit cannot transfer real estate — and an estate that includes real property generally still needs probate for it, whatever the affidavit does for the accounts. The affidavit, where one exists, cannot be used until 40 days have passed since the death.

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The Washington line, in facts

The affidavit limit today: $100,000, judged by the law in force on the date of death.

How it moves: presented to whoever holds the property; no court case is opened.

The wait: 40 days after the death before the affidavit can be used.

For a surviving spouse: No higher cap for a spouse; instead the surviving spouse's or domestic partner's community property interest in probate assets is excluded from the $100,000 count.

The tracks in Washington

Track	Limit	How it works
Small-estate affidavit	$100,000	Presented to whoever holds the property; no court case.

What catches families in Washington

Two extra steps catch families: the claimant must give written notice to all other successors and wait 10 more days, and must mail a copy of the affidavit to the DSHS Office of Financial Recovery (Medicaid estate recovery).
There is no mandatory state form — the widely used form (NJP Planning 532) is a legal-aid publication, not a court form; RCW 11.62 says so in terms. The person must have been a Washington resident.

Vehicles in Washington

Vehicles are personal property and count normally toward the $100,000 cap; RCW 11.62 contains no vehicle exclusion or separate vehicle cap.

Debts, and the signer's duty

The affidavit must state that all debts of the decedent, including funeral and burial expenses, have been paid or provided for (RCW 11.62.010(2)(f)).

Rules checked October 2026 · Sources: RCW 11.62.005; RCW 11.62.010; RCW 64.80 (TOD deed). This page reads the published law; it is not legal advice, and the court is the final word.

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