Washington Small Estate Affidavit Form

• Maximum Amount: $100,000, the value of the decedent’s estate subject to probate, wherever located, less liens and encumbrances.^[1]
• Signing Requirements: A sworn affidavit, made under oath (notarized).^[2]
• Where to File: Not filed with the court, presented directly to the asset holder, together with proof of death.^[3]
• When to File: 40 days after death.^[4]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[5]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse (or domestic partner) receives all of the community property.^[6] For the decedent’s separate property, the spouse receives one-half if there are surviving descendants; three-quarters if there are no descendants but a surviving parent or sibling; and all of it if there are none of these.^[7]
• No Spouse, Children: The separate property not passing to the spouse goes to the decedent’s descendants, equally if they are all of the same degree, otherwise by representation. If there is no surviving spouse, the descendants take the entire estate.^[8]

Step 1 – Wait 40 Days

At least 40 days must pass after the decedent’s death before the affidavit may be used.^[9]

Step 2 – Confirm the Estate Qualifies

The decedent must have been a Washington resident, the probate personal property after liens and encumbrances, excluding the surviving spouse’s or domestic partner’s community-property interest, must be $100,000 or less, and no personal representative may be pending or appointed.^[10]

Step 3 – Pay or Provide for Debts and Expenses

Ensure the decedent’s debts and funeral and burial expenses are paid or provided for.^[11]

Step 4 – Notify the Other Successors

Give written notice of the claim to every other successor at least 10 days before presenting the affidavit to an asset holder.^[12]

Step 5 – Prepare, Notarize, and Send the Required State Copy

Prepare the affidavit with the required statements and swear to it before a notary. Mail a copy of the affidavit, together with the decedent’s Social Security number, to the Washington Department of Social and Health Services, Office of Financial Recovery, as required by statute.^[13]

Step 6 – Present the Affidavit to the Asset Holder

Present the affidavit and proof of death to the bank, debtor, securities transfer agent, or titling agency to collect or retitle the personal property.^[14]