Small Estate Affidavit Thresholds & Procedure in Washington

At a glance

Requirements one by one

Governing law

RCW Chapter 11.62, "Small Estates — Disposition of Property." § 11.62.005 defines the key terms ("successor," "personal property," "person"); § 11.62.010 sets out the affidavit itself and what it must state; § 11.62.020 governs the effect of a valid affidavit and a holder's discharge from liability.

Dollar threshold

$100,000, calculated on the decedent's entire estate subject to probate, wherever located, less liens and encumbrances — a net test, not a gross one. That figure specifically excludes the surviving spouse's or surviving domestic partner's own one-half community-property interest in estate assets; a spouse or partner separately uses the same affidavit to claim that interest, calculated apart from the $100,000 cap. The figure is a flat dollar amount fixed in the statute text, not indexed for inflation.

Court filing required?

None. The affidavit is presented directly to the person or institution holding the property — there's no court petition, no hearing, and no judge's order. The one filing-adjacent requirement is administrative, not judicial: a copy of the affidavit, including the decedent's Social Security number, must be mailed to the Washington Department of Social and Health Services, Office of Financial Recovery, so the state can pursue any Medicaid estate-recovery claim it may have.

Waiting period after death

40 days at a minimum. If the claiming successor knows of other successors, a second, separate 10-day clock also applies: the claimant must give those other successors written notice (by personal service or mail) describing the claim and the property, and at least 10 days must pass after that notice before the affidavit can be used.

Works with a will, intestacy, or both?

Both, and one more category besides. RCW 11.62.005(2) defines "successor" to include anyone entitled to the property under the decedent's will, anyone entitled under Washington's intestate-succession laws, and separately, a surviving spouse or domestic partner claiming their own undivided one-half community-property interest. All three can use the same § 11.62.010 affidavit mechanism. A person who claims successor status solely because they're a creditor of the decedent is expressly excluded.

Does it cover real property?

Only for valuation, not for transfer. Real property that's part of the probate estate counts toward the $100,000 cap, but the affidavit procedure itself transfers personal property only — title to real estate can't be changed by this mechanism at all, regardless of how small its value is or how the rest of the estate qualifies.

Signature formalities

The affidavit is sworn — the standard form has the claimant declare under oath and sign before a notary public. If the claimant is collecting property on behalf of other successors rather than just their own share, each of those other successors has to give written authority, typically by signing their own declaration under penalty of perjury attached to the affidavit.

Protection for the bank/holder

Strong, with one specific carve-out. RCW 11.62.020 discharges a holder who pays, delivers, transfers, or issues property under a valid-looking affidavit "to the same extent as if such person has dealt with a personal representative of the decedent," and the holder isn't required to verify any statement in the affidavit — UNLESS the holder had actual knowledge, at the time of payment, that a required statement was false. An organization isn't treated as having that knowledge until it's been brought to the personal attention of the individual actually making the transfer. If two competing affidavits arrive for the same property, the holder may act on whichever one it received first (once proof of death is also in hand) or pay the property into court instead. The person who actually receives the property remains accountable to any personal representative appointed later or to anyone else with a superior right to it.

What trips people up

Real property's value counts toward the $100,000 ceiling even though the affidavit can never move title to it — an estate with a modest house and otherwise-small personal property can look "small" but still blow past the cap once the real estate's value is added in, while the affidavit still can't be used to transfer the house itself even if the estate stays under $100,000. A second trap: there isn't just one waiting period. The 40-day clock runs from the death regardless of anything else, but if other successors exist, a second and separate 10-day clock only starts once written notice actually reaches them — skipping or rushing that notice step is a common way an otherwise-valid-looking affidavit turns out to be premature. A third: the mailing to the Department of Social and Health Services isn't optional paperwork — it's how the state's Medicaid estate recovery program gets notice of a death, and omitting it doesn't invalidate the affidavit as between the claimant and the holder, but it is a separate statutory duty.

Common questions

Do I have to wait a set time after the death? Yes — 40 days at minimum, and if there are other successors, an additional 10 days after giving them written notice.

Can I use this if the decedent had a will? Yes — the affidavit works for a will beneficiary, an intestate heir, or a surviving spouse/domestic partner claiming a community-property share, all under the same mechanism.

Does the affidavit transfer the house? No. Real property's value counts toward the $100,000 cap if it's part of the estate, but title to real estate can never be transferred by this affidavit procedure.

What if I don't know whether there are other successors? The affidavit itself requires stating whether you're claiming solely for yourself or on behalf of others with their written authority; if other successors exist and haven't authorized you, they still have to receive written notice and the 10-day clock has to run before you can use the affidavit.

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 2026-07-06)
• RCW 11.62.010(2) — "(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; ... (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 2026-07-06)
• 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 2026-07-06)
• RCW 11.62.005(2) — successor definition covering will beneficiaries, intestate heirs, a surviving spouse or domestic partner's community share, specified state claims, and the creditor-only exclusion. — https://apps.leg.wa.gov/RCW/default.aspx?cite=11.62.005 (accessed 2026-07-06)
• 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. ... 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 2026-07-06)
• Washington OFM State Administrative and Accounting Manual § 25.70.30.d — current state-agency payment guidance reproducing the affidavit's numeric $100,000 ceiling and citing RCW 11.62.010-.020. — https://ofm.wa.gov/wp-content/uploads/2026/07/Complete_SAAM_26A-05_2026_07_01-1.pdf (accessed 2026-08-23)