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Washington Statewide Probate Guide

Settling an estate after losing someone is difficult. This guide covers what’s consistent across the whole state – thresholds, deadlines, and costs. For your specific county’s Superior Court address and local filing details, see that county’s page.

Where Probate Happens

Washington probate is handled by the Superior Court in the county where the deceased lived – Washington has no separate, dedicated probate court. Washington has not adopted the Uniform Probate Code, but most solvent estates qualify for “nonintervention powers” under RCW 11.68, which lets the personal representative administer and close the estate without further court orders after initial appointment – a major practical simplification even for estates too large for the small estate affidavit.

Step 1: Does The Estate Qualify For The Small Estate Affidavit?

Small Estate Affidavit (RCW 11.62.010)

  • The value of assets subject to probate, less liens and encumbrances, must not exceed $100,000. Because Washington is a community property state, this figure excludes the surviving spouse’s or domestic partner’s community property interest – only the decedent’s separate share and their half of community assets count toward the cap.
  • Personal property only – the affidavit cannot move Washington real estate under any circumstances, regardless of estate size.
  • At least 40 days must have passed since the death.
  • No application or petition for a personal representative can be pending or granted, in any jurisdiction.
  • The decedent must not have died insolvent (more debts than assets).
  • Not filed with the court – presented directly to whoever holds the property, which must release it upon receiving a valid affidavit and proof of death.
  • If there’s more than one successor, written notice of the claim must be given to the others, and at least 10 days must pass after that notice before the affidavit can be used (unless the other successors provide written authorization).
  • Many financial institutions require their own specific affidavit form even though state law doesn’t mandate one – check with the specific institution.

STEP 2: FORMAL PROBATE (for estates over the threshold or with real property)

  1. File with the Superior Court in the relevant county; the court appoints the personal representative.
  2. If nonintervention powers are granted (the norm for solvent estates), the personal representative can inventory, pay debts, and distribute the estate without needing court approval at each step.
  3. Community property rules mean the surviving spouse receives all of the decedent’s share of the net community estate under RCW 11.04.015, absent a will directing otherwise.

Timeline

Small estate affidavits can move relatively quickly once the 40-day wait passes. Nonintervention-powers probate is generally faster than fully court-supervised administration, though exact timelines vary with estate complexity.

Taxes

Washington has its own state estate tax – verify the current exemption threshold and rates with the Washington Department of Revenue, since these can be periodically adjusted. Washington has no state inheritance tax. Only the federal estate tax could separately apply, and only to very large estates (federal exemption $15 million per individual for 2026).

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Superior Court address, phone number, and local filing details, visit that county’s page.