WA risk area
Probate risk in Washington
Court-supervised estate process, timing, cost exposure, and public record requirements.
Washington allows a small estate affidavit for personal property when the probate estate is below a statutory cap and no probate is pending.
How long does probate typically take here?What costs and fees should families expect?What becomes public during probate?
At a glance
Key takeaways
- At least 40 days must pass after death before using the affidavit.
- The probate estate, net of liens and encumbrances, must not exceed $100,000.
- No personal representative can be pending or appointed in any jurisdiction, and debts must be paid or provided for.
- The affidavit is presented to the property holder to obtain transfer without court appointment.
Questions to consider
Questions this risk area helps you evaluate in Washington
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
Washington allows a small estate affidavit for personal property when the probate estate is below a statutory cap and no probate is pending.
- At least 40 days must pass after death before using the affidavit.
- The probate estate, net of liens and encumbrances, must not exceed $100,000.
- No personal representative can be pending or appointed in any jurisdiction, and debts must be paid or provided for.
- The affidavit is presented to the property holder to obtain transfer without court appointment.
Sources
Risk sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in Washington.