Small Estate Affidavit in Washington

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.

Besides the small estate affidavit (personal property up to $100,000), Washington's main simplified option is administration with nonintervention powers: once granted, the personal representative may settle the estate without further court orders. The court must grant nonintervention powers if the will does not forbid them, the estate is solvent, and the petitioner was named in the will, or is a surviving spouse or partner of an intestate decedent with only community property and no descendants from another relationship, or is not a creditor and nonintervention is in the best interests of beneficiaries and creditors.

If the personal representative publishes notice to creditors, a creditor who was given actual notice must present a claim by the later of 30 days after the notice was served or mailed, or four months after first publication. A creditor who was not reasonably ascertainable must present a claim within four months after first publication. If no notice is given, claims are barred 24 months after the date of death. The bar applies to both probate and nonprobate assets.