How to Avoid Probate in Washington

Non-probate transfers available in Washington: (1) Transfer on death deed for real estate (RCW 64.80). (2) Joint accounts with right of survivorship, P.O.D. and trust accounts at financial institutions, where funds belong to the surviving depositor or named beneficiary (RCW 30A.22.100). (3) Transfer-on-death registration of securities in beneficiary form (RCW 21.35). (4) Vehicles titled to joint tenants with right of survivorship pass to the survivor on a death certificate (Washington DOL). (5) Small estate affidavit for personal property (RCW 11.62.010). (6) Revocable living trust (must expressly say it is revocable, RCW 11.103.030).

A successor may collect the decedent's personal property by affidavit if the probate estate (not counting the surviving spouse's or domestic partner's community property interest), less liens and encumbrances, does not exceed $100,000. The affidavit may be used only after 40 days have passed since death, if no personal representative has been appointed or applied for anywhere, all debts (including funeral and burial expenses) have been paid or provided for, and written notice was given to all other successors at least 10 days earlier. The decedent must have been a Washington resident. The procedure covers personal property only (bank accounts, securities, vehicles and similar); real property cannot be transferred this way. A copy of the affidavit, with the decedent's Social Security number, must be mailed to the Department of Social and Health Services, Office of Financial Recovery.

Yes. Washington has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded with the county auditor where the property is located before the owner dies. It requires the same mental capacity as a will, needs no notice to, delivery to, or acceptance by the beneficiary, and needs no consideration. It is revocable, but only by a later recorded instrument (such as a revocation or a new deed) that is acknowledged and recorded before death. The beneficiary takes subject to existing liens and may be liable for allowed claims against the estate.