Washington's $100,000 small-estate affidavit: the 40-day procedure

Check the $100,000 test

Add the decedent's estate subject to probate wherever located, subtract liens and encumbrances, and exclude the surviving spouse's or domestic partner's community-property interest. The result must not exceed $100,000. Non-probate transfers such as a beneficiary account or trust are not part of this affidavit calculation because they do not pass through the probate estate.

• The decedent was a Washington resident at death.
• The property claimed is probate personal property, not real estate.
• No personal-representative petition is pending or has been granted anywhere.
• The decedent's debts, funeral costs, and burial costs have been paid or provided for.

Wait 40 days, then give the other successors 10 days

The holder cannot be required to transfer property until 40 days have passed since death. Before presenting the affidavit, the claimant must give every other successor written notice describing the claim and property, by mail or personal service, and then allow at least 10 days to pass.

Put the statutory statements in the affidavit

RCW 11.62.010 supplies the contents; the statute does not require opening a court file. State the claimant's identity and successor status, Washington residency of the decedent, the value calculation, both elapsed periods, the absence of a personal representative, the debt provision, the property description, and the claimant's authority to receive it. Attach proof of death.

Deliver it to the property holder

A bank or other holder receives the affidavit and proof of death. A securities transfer agent or licensing agency uses the same documents to change registered ownership. Mail a copy of the affidavit, including the decedent's Social Security number, to the Washington Department of Social and Health Services Office of Financial Recovery as the statute requires.

Real property is outside this shortcut

Chapter 11.62 reaches personal property and debts owed to the decedent. A house, land, or another real-property interest needs a different transfer path. The affidavit also does not replace a beneficiary designation, survivorship transfer, or trust administration for property that already passes outside probate.

Receiving the property does not settle competing rights

The holder is generally released after relying on a conforming affidavit, but the recipient remains answerable to a later personal representative or anyone with a superior right to the property. Conflicting affidavits can also push the holder to place the property before a court. Use probate instead when successor rights, debts, or the value calculation are disputed.