Small Estate Affidavit Thresholds & Procedure in Washington

At a glance

Requirements one by one

Dollar threshold

RCW § 11.62.010(2)(c) tests the decedent’s entire probate estate wherever located, after liens and encumbrances. It excludes a surviving spouse’s or domestic partner’s own community property interest. An estate with $110,000 of probate assets and $15,000 of liens has a $95,000 net value for this test.

Waiting period and notice

Under § 11.62.010(2)(d), (h), the affidavit must state that 40 days have elapsed since death and that written notice of the claim and property was served or mailed to all other successors at least 10 days earlier. The two clocks can overlap; notice need not wait until day 40.

Will beneficiaries and community property

Section 11.62.005(2) includes beneficiaries under a will, intestate heirs, and a surviving spouse or domestic partner claiming their own one-half community property interest. A creditor alone is excluded from the definition of successor.

Protection for the holder

Section 11.62.020 discharges a person who transfers property under the affidavit unless that person actually knew a required statement was false at the time. The recipient still must account to a later personal representative or another person with a superior right.

What trips people up

The affidavit reaches personal property held by someone else, including debts owed to the decedent (§ 11.62.010(1)). Real property subject to probate can raise the estate above the cap, but this affidavit cannot transfer its title. The claimant must also mail a copy of the affidavit, including the decedent’s Social Security number, to the Department of Social and Health Services, Office of Financial Recovery (§ 11.62.010(5)).

The state accounting manual, § 25.70.30.d, also describes its affidavit for agency payments as limited to $100,000 in personal property.

Common questions

Must I open a court case? Section 11.62.010(1) directs the holder to pay or deliver property upon receiving proof of death and a qualifying affidavit; the procedure does not call for a court filing.

Can I collect for other successors? Yes, if they give you written authority for their interests (§ 11.62.010(2)(i)).

Does the statute require a notary or witnesses? Section 11.62.010(2) specifies what the claimant’s affidavit must state. It does not prescribe separate witness signatures or a notary certificate.

Statutes and sources

• RCW 11.62.010(1) — “At any time after forty days from the date of a decedent's death, any person who is indebted to or who has possession of any personal property belonging to the decedent or to the decedent and his or her surviving spouse or surviving domestic partner as a community, which debt or personal property is an asset which is subject to probate, shall pay such indebtedness or deliver such personal property, or so much of either as is claimed, to a person claiming to be a successor of the decedent upon receipt of proof of death and of an affidavit made by said person which meets the requirements of subsection (2) of this section.” — https://apps.leg.wa.gov/RCW/default.aspx?cite=11.62.010 (accessed 2026-10-07).
• RCW 11.62.010(2) — “(2) An affidavit which is to be made pursuant to this section shall state: (a) The claiming successor's name and address, and that the claiming successor is a "successor" as defined in RCW 11.62.005 ; (b) That the decedent was a resident of the state of Washington on the date of his or her death; (c) That the value of the decedent's entire estate subject to probate, not including the surviving spouse's or surviving domestic partner's community property interest in any assets which are subject to probate in the decedent's estate, wherever located, less liens and encumbrances, does not exceed one hundred thousand dollars; (d) That forty days have elapsed since the death of the decedent; (e) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; (f) That all debts of the decedent including funeral and burial expenses have been paid or provided for; (g) A description of the personal property and the portion thereof claimed, together with a statement that such personal property is subject to probate; (h) That the claiming successor has given written notice, either by personal service or by mail, identifying his or her claim, and describing the property claimed, to all other successors of the decedent, and that at least ten days have elapsed since the service or mailing of such notice; and (i) That the claiming successor is either personally entitled to full payment or delivery of the property claimed or is entitled to full payment or delivery thereof on the behalf and with the written authority of all other successors who have an interest therein.” — https://apps.leg.wa.gov/RCW/default.aspx?cite=11.62.010 (accessed 2026-10-07).
• RCW 11.62.010(5) — “A copy of the affidavit, including the decedent's social security number, shall be mailed to the state of Washington, department of social and health services, office of financial recovery.” — https://apps.leg.wa.gov/RCW/default.aspx?cite=11.62.010 (accessed 2026-10-07).
• RCW 11.62.005(2) — “"Successor" and "successors" shall mean (subject to subsection (2)(b) of this section): (i) That person or those persons who are entitled to the claimed property pursuant to the terms and provisions of the last will and testament of the decedent or by virtue of the laws of intestate succession contained in this title; and/or (ii) The surviving spouse or surviving domestic partner of the decedent to the extent that the surviving spouse or surviving domestic partner is entitled to the property claimed as his or her undivided one-half interest in the community property of said spouse or said domestic partner and the decedent; and/or (iii) The department of social and health services, to the extent of funds expended or paid, in the case of claims provided under RCW 43.20B.080 ; and/or (iv) This state, in the case of escheat property. (b) Any person claiming to be a successor solely by reason of being a creditor of the decedent or of the decedent's estate, except for the state as set forth in (a)(iii) and (iv) of this subsection, shall be excluded from the definition of "successor".” — https://apps.leg.wa.gov/RCW/default.aspx?cite=11.62.005 (accessed 2026-10-07).
• RCW 11.62.020 — “The person paying, delivering, transferring, or issuing personal property pursuant to RCW 11.62.010 is discharged and released to the same extent as if such person has dealt with a personal representative of the decedent, unless at the time of such payment, delivery, transfer, or issuance, such person had actual knowledge of the falsity of any statement which is required by RCW 11.62.010 (2) as now or hereafter amended to be contained in the successor's affidavit. Such person is not required to see to the application of the personal property, or to inquire into the truth of any matter specified in RCW 11.62.010 (1) or (2), or into the payment of any estate tax liability.” — https://apps.leg.wa.gov/RCW/default.aspx?cite=11.62.020 (accessed 2026-10-07).
• RCW 11.62.020 — “Any person to whom payment, delivery, transfer, or issuance of personal property is made pursuant to RCW 11.62.010 as now or hereafter amended is answerable and accountable therefor to any personal representative of the estate of the decedent or to any other person having a superior right thereto.” — https://apps.leg.wa.gov/RCW/default.aspx?cite=11.62.020 (accessed 2026-10-07).
• Washington OFM State Administrative and Accounting Manual § 25.70.30.d — “That the value of deceased’s property (NOT including the community property interest of the surviving spouse or domestic partner registered in the state of Washington) is not more than $100,000 and includes only personal property;” — https://ofm.wa.gov/wp-content/uploads/2026/07/Complete_SAAM_26A-05_2026_07_01-1.pdf (accessed 2026-10-07).