Probate and Recording Deeds in King County (Seattle), Washington
Where to file a will or open probate, and where to record a deed, in King County (Seattle) — with the state rules that apply.
Recording deeds
E-recording: yes - e-recording through a third-party submitter or a King County Agent Account - https://kingcounty.gov/en/dept/executive-services/certificates-permits-licenses/records-licensing/recorders-office/document-recording
Washington rules that apply
| Small estate affidavit | 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. The $100,000 limit has been in place since 2006 (2006 c 360). Credit unions may also pay up to $1,000 of a member's deposits to a surviving spouse or partner on a separate affidavit (RCW 11.62.030). |
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| Probate steps | 1) Anyone holding the original will must deliver it within 30 days after learning of the death (40 days if the holder is the named executor, who must deliver it to the court). 2) File a petition in superior court to admit the will and appoint a personal representative (and, if desired, for nonintervention powers). 3) Within 20 days after appointment, give notice of the appointment and pendency of probate to heirs, beneficiaries and nonprobate transferees. 4) Publish and serve notice to creditors. 5) Within three months after appointment, prepare a verified inventory and appraisement (it need not be filed with the court, but must be provided on request to heirs, beneficiaries, claiming creditors and the Department of Revenue). 6) Pay claims and expenses, then close the estate and distribute. A will contest must be filed within four months after the will is admitted or rejected. |
| Signing and recording a deed | A deed must be in writing, signed by the party bound, and acknowledged before a person authorized to take acknowledgments (such as a notary public). Deeds are recorded with the county auditor where the property is located. A real estate excise tax affidavit is generally required for any deed transferring ownership and is submitted with the deed and payment to the county treasurer. Gifts and transfers by inheritance or devise are among the listed exemptions, which are claimed on the affidavit. State real estate excise tax uses graduated rates on the selling price, and local rates may be added; a gift exemption requires a supplemental statement. See the Department of Revenue's real estate excise tax page (https://dor.wa.gov/taxes-rates/other-taxes/real-estate-excise-tax). Source: RCW 64.04.020; chapter 82.45 RCW |
| Transfer-on-death deed | 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. |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.