Washington Small Estate Affidavit (2026): $100,000 Limit, 40-Day Wait & Required Notice

Washington’s small estate affidavit comes with a short checklist. The limit is $100,000, you present the affidavit to whoever owes or holds the property, and that person must pay or deliver when the affidavit meets the statute. Three chores come with it, though. Every other successor gets written notice. The debts get paid or provided for. And a copy goes to the state’s Office of Financial Recovery.

Below, you’ll find each requirement, what counts toward the $100,000, how community property changes the math, what the statute says happens after you sign, how Medicaid estate recovery fits in, and where a house fits.

Who can use the Washington affidavit

The affidavit is for collecting personal property of a decedent who was a Washington resident. The person collecting must be a “successor” under RCW 11.62.005, a term that covers four groups:

• a person entitled to the claimed property under the decedent’s will or the intestacy laws;
• a surviving spouse or surviving domestic partner, to the extent of an undivided one-half interest in the community property;
• DSHS, to the extent of funds it paid on claims under RCW 43.20B.080; and
• the state, for escheat property.

Someone who claims to be a successor only because the decedent owed them money is not one, except for DSHS and the state. The affidavit then has to make nine statements, listed next. They cover the 40-day wait, the value limit, the debts and the 10-day notice.

What the affidavit must state (all nine items)

1. The claiming successor’s name and address, and that the claiming successor is a “successor” as defined in RCW 11.62.005;
2. That the decedent lived in Washington on the date of death, as a resident of the state;
3. That the value of the decedent’s entire estate subject to probate, wherever located, less liens and encumbrances and not including the surviving spouse’s or surviving domestic partner’s community property interest in any assets subject to probate in the decedent’s estate, does not exceed $100,000;
4. That 40 days have elapsed since the death;
5. That no application or petition for the appointment of a personal representative is pending, and none has been granted, in any jurisdiction;
6. That all debts of the decedent, including funeral and burial expenses, have been paid or provided for;
7. A description of the personal property and the portion claimed, with a statement that the property is subject to probate;
8. That the claiming successor gave written notice, by personal service or by mail, identifying the claim and describing the property claimed, to all other successors of the decedent, and that at least 10 days have elapsed since the service or mailing of the notice; and
9. That the claiming successor is either personally entitled to full payment or delivery of the property claimed, or is entitled to it on behalf of and with the written authority of all other successors who have an interest in it.

Present the affidavit with proof of death. RCW 11.62.010(1) then requires a person who owes the decedent money, or holds the decedent’s personal property that is subject to probate, to pay or deliver what is claimed. How wide is “person”? Wide. RCW 11.62.005 names banks, credit unions, brokerage firms, stock transfer agents and government agencies, among others. A transfer agent must change the registered owner of a security, and a government agency that issues certificates of ownership or license registration for personal property must issue a new one. No release from a Washington state or local taxing authority may be required before assets are paid or delivered.

Vehicles and vessels. The Department of Licensing has its own paperwork. Its rule, WAC 308-56A-335(4)(d), lists a copy of the death certificate plus an “affidavit of inheritance” or an “affidavit of succession” for an estate that is not administered. On its page, the Department calls an affidavit of succession optional for an estate under $100,000. It also says a vehicle you keep must go into your name within 15 days. The Department’s form TD-420-041, the Affidavit of Inheritance/Litigation, uses its own wording. It says the deceased left no estate necessitating administration, and you sign before a notary or a Washington vehicle licensing agent. Ask the Department which document it wants for your vehicle.

The DSHS copy. RCW 11.62.010(5) says 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 office’s page lists PO Box 9501, Olympia, WA 98507-9501 as its mailing address.

What counts toward $100,000

The test is the value of the decedent’s entire estate subject to probate, wherever located, less liens and encumbrances, without the surviving spouse’s or domestic partner’s community property interest.

What the affidavit reaches. RCW 11.62.005 defines “personal property” to include tangible personal property, any instrument evidencing a debt, obligation, stock, chose in action, license or ownership, any debt, and any other intangible property. A bank account in the decedent’s name alone, a vehicle, household goods and money owed to the decedent fit that definition.

Real estate. The affidavit cannot transfer a house, because it covers personal property only. Whether a house counts toward the $100,000 depends on whether it is part of the estate subject to probate. Our reading: a house in the decedent’s name that has to go through probate is part of that estate, so its value less liens and encumbrances counts toward the limit. If a house is close to the line, ask the court clerk or an attorney.

What passes outside probate. RCW 11.02.005 lists “nonprobate assets,” which pass at death under a written instrument other than the person’s will. Named on the list: a right passing under a joint tenancy with right of survivorship, a joint bank account with right of survivorship, a transfer on death deed, a payable on death or trust bank account, a transfer on death security or security account, a trust the person created that becomes effective or irrevocable only at death, a community property agreement, and an individual retirement account or bond. The statute adds that the list is not limited to those items. Life insurance is different. A payable-on-death provision of a life insurance policy, annuity or employee benefit plan is carved out of the definition, so ask the insurer or plan administrator how a claim is paid.

Community property changes the math

Washington has community property. Property acquired after marriage or after registration of a state registered domestic partnership is community property under RCW 26.16.030, unless the separate property rules apply. Separate property is the other category. Under RCW 26.16.010, what a spouse owned before the marriage is separate. So is anything that comes later by gift, bequest, devise, descent or inheritance.

At a death, RCW 11.02.070 confirms a one-half share of the community property to the survivor. The other half is subject to the decedent’s will or passes under the intestacy statute. The whole of the community property is subject to probate administration, yet the affidavit test leaves the survivor’s community interest out of the $100,000 count. For example, if a couple’s community savings in the decedent’s name alone total $150,000, with no survivorship or beneficiary designation, the decedent’s half is $75,000.

Spouses and domestic partners can also sign a community property agreement. RCW 26.16.120 lets both of them agree on the status or disposition of their community property to take effect on the death of either, in a written instrument that is witnessed, acknowledged and certified the way a deed is. RCW 11.02.005 lists a community property agreement among nonprobate assets. What it does for a particular asset depends on its terms, so read it before you decide whether you need the affidavit.

How to use it, step by step

1. Get copies of the death certificate to serve as proof of death.
2. Separate nonprobate assets and the surviving spouse’s or domestic partner’s community interest.
3. Total the probate estate less liens and encumbrances. Confirm it does not exceed $100,000.
4. Pay or provide for all debts, including funeral and burial expenses.
5. Send written notice to every other successor, by personal service or by mail, identifying your claim and describing the property.
6. Wait. At least 40 days must have passed since the death and at least 10 days since the notice was served or mailed.
7. Sign the affidavit, making all nine statements. RCW 11.62.010 does not mention a notary, so ask each holder whether it wants one.
8. Mail a copy to DSHS, Office of Financial Recovery, with the decedent’s Social Security number. The statute does not say when to mail it.
9. Present it with proof of death to each holder. For vehicles and vessels, ask the Department of Licensing which document it needs.
10. Pass along each successor’s share. Whoever receives property under the affidavit is answerable and accountable for it to any personal representative or other person with a superior right (RCW 11.62.020).

A worked example

A Spokane woman died in 2026 without a will, survived by her husband and their two adult children. Before the marriage she owned a paid-off house, which is her separate property under RCW 26.16.010. She recorded a transfer on death deed naming her husband before her death. During the marriage the couple built up $90,000 in savings and a $16,000 car, all in her name with no survivorship or beneficiary designation. She also had a $22,000 brokerage account she inherited from her father, which is separate property. Assume the funeral, the final bills and all other debts are paid.

• House: passes by the transfer on death deed. Not counted.
• Community savings and car: $90,000 + $16,000 = $106,000. Her half is $45,000 + $8,000 = $53,000; her husband’s half is excluded.
• Her separate brokerage account: $22,000, counted in full.
• Estate subject to probate: $53,000 + $22,000 = $75,000, under $100,000.

Her husband mails written notice to both children. He waits until 40 days have passed since her death and at least 10 days since the notice. He is a successor in his own right. If he claims the whole account, including the children’s shares, he needs their written authority (RCW 11.62.010(2)(i)); each of them could instead claim their own part. He mails a copy to DSHS and presents the affidavit with proof of death to the bank and the brokerage firm.

How the survivor’s share works without a will

The affidavit gets property into a successor’s hands. RCW 11.04.015 decides how the net estate of a person who dies without a will is divided. “Net estate” leaves out homestead rights, exempt property, the family allowance, and enforceable claims and debts. Subsection (1) sets the share of the surviving spouse or state registered domestic partner:

• Community property, (1)(a): the survivor receives all of the decedent’s share of the net community estate.
• Separate property, survivor with issue, (1)(b): the survivor receives one-half of the net separate estate if the decedent is survived by issue, meaning lineal descendants.
• Separate property, no issue, (1)(c): the survivor receives three-quarters of the net separate estate if there is no surviving issue but one or more of the decedent’s parents, or issue of a parent, survive.
• Separate property, no issue, parent or issue of a parent, (1)(d): the survivor receives all of the net separate estate.

The rest of the net estate, or all of it when there is no surviving spouse or partner, goes under subsection (2) in this order: the decedent’s issue, then surviving parents, then the issue of the parents, then grandparents, then the issue of grandparents. Children of the same degree take equally.

In the Spokane example, the husband takes all of his wife’s share of the net community estate. Because she was survived by issue, he also takes one-half of her net separate estate. Before any allowances and claims are taken out, one-half of the account is $11,000; the two children share the other half.

When there is a will, the will decides who the successors are. The affidavit still has to state that the claiming successor gave written notice to all other successors and that 10 days have passed. The claiming successor must be personally entitled to full payment or delivery, or hold the written authority of every other successor with an interest in the property.

Real estate: what to do instead

The affidavit covers personal property only. For real estate in the decedent’s name, the options include a community property agreement for spouses or domestic partners, a transfer on death deed recorded before the owner’s death (RCW 64.80.060(3)), or probate. A personal representative may petition for nonintervention powers, and the court grants them under the conditions in RCW 11.68.011. A representative with those powers can exercise the powers listed in RCW 11.68.090(1) without a court order and without notice to the court. Our transfer on death deed guide explains how to plan ahead, and our probate cost estimator helps with budgeting.

After you sign: what the statute says

RCW 11.62.020 covers what happens once the affidavit and proof of death are delivered.

• A person who pays, delivers, transfers or issues property under RCW 11.62.010 is discharged and released to the same extent as if dealing with a personal representative, unless that person had actual knowledge when doing so that a statement in the affidavit was false.
• That person does not have to see to the application of the property, or inquire into the truth of what the affidavit states, or into the payment of any estate tax liability.
• An organization is not treated as knowing a statement is false until that knowledge is brought to the personal attention of the individual making the transfer.
• If a holder refuses to pay, deliver or transfer, the property may be recovered, or the transfer compelled, in a proceeding brought by or for the persons entitled to it.
• If more than one affidavit is delivered for the same property, the holder may respond to the first one received, provided proof of death has also been received, or may implead the property into court.
• Anyone who receives property under the affidavit is answerable and accountable for it to any personal representative of the estate and to anyone else with a superior right.

Common mistakes in Washington

• Skipping the 10-day notice. The affidavit must state that written notice was given to all other successors and that 10 days have passed.
• Not paying debts first. The affidavit must state that all debts, including funeral and burial expenses, have been paid or provided for.
• Forgetting DSHS. A copy with the decedent’s Social Security number must be mailed to the Office of Financial Recovery.
• Counting the spouse’s half. The survivor’s community property interest is left out of the $100,000 test.
• Using it for a non-resident. The affidavit must state that the decedent was a Washington resident on the date of death.
• Expecting it to move a house. The affidavit covers personal property only.

Medicaid estate recovery and the affidavit

The law that lets Washington seek repayment calls the benefit “medical assistance”; this guide uses the more familiar word Medicaid. Medicaid can ask to be repaid from the estate for some of what it paid. The affidavit doesn’t make that question go away.

The statute. If a person got medical assistance at age 55 or older, DSHS must seek adjustment or recovery from that person’s estate (RCW 43.20B.080(3)). Nonprobate assets count here too, as RCW 11.02.005 defines them. For that group the statute limits recovery to nursing facility services, home and community-based services, other services the department finds appropriate, and related hospital and prescription drug services. It also directs the department to set up procedures to waive recovery when it would work an undue hardship (RCW 43.20B.080(5)(a)). DSHS turns up in the affidavit statutes as well. It counts as a successor to the extent of funds it paid on claims under RCW 43.20B.080 (RCW 11.62.005(2)(a)(iii)), and RCW 11.62.010(5) requires a copy of the affidavit to go to its Office of Financial Recovery.

The rule. The state Medicaid agency has its own rule, WAC 182-527-2730. It defines “estate” for recovery as property that passes under a will or by intestate succession under chapter 11.04 or 11.62 RCW. For a client who died on or after September 14, 2006, it adds nonprobate assets (as RCW 11.02.005 defines them) and life estate interests. That is wider than the estate subject to probate that the $100,000 test measures. A surviving spouse changes the picture: under WAC 182-527-2738(3), the agency may not recover from the client’s estate so long as a surviving spouse remains. A surviving child can do the same if the child is age 20 or younger, or is blind or disabled as defined in WAC 182-512-0050. An heir can also ask the agency to delay recovery for undue hardship (WAC 182-527-2750). That rule lists three situations. The property subject to recovery is the heir’s sole income-producing asset. Or recovery would deprive the heir of shelter the heir cannot afford to replace. Or the client is survived by a state-registered domestic partner.

The agency page. The Office of Financial Recovery’s page says recovery may be made from estates of recipients of state-funded long-term care services without regard to age, and for Medicaid services from recipients aged 55 and older at the time of death. When the office gets notice of a recipient’s death, it investigates whether the estate has resources and whether a claim can be made within the estate recovery statute. If those conditions are met, it files a lien against the decedent’s property or a notice to creditors against the estate in probate court. You can write to the office at PO Box 9501, Olympia, WA 98507-9501, or call 360-664-5700.

Notice to DSHS (our reading). RCW 11.62.005(2)(a)(iii) treats DSHS as a successor to the extent of its claim. RCW 11.62.010(2)(h) calls for written notice to all other successors. If DSHS has a claim, notice may therefore have to reach it as well. If you are unsure, ask the Office of Financial Recovery.

Real estate. If a house passes by a transfer on death deed, the beneficiary takes it subject to liens (RCW 64.80.100(2)). That includes liens recorded within 24 months after the owner’s death under RCW 41.05A.090 and RCW 43.20B.080.

Did the person who died receive long-term care through Medicaid? Ask the Office of Financial Recovery before you distribute anything. This guide can’t tell you whether a claim exists.

How Washington compares

Washington’s $100,000 limit is shared with ten other jurisdictions (AR, HI, IA, ID, IN, MT, ND, NE, SD and UT) and sits above the $75,000 median of the 49 numeric limits in our table. Seven jurisdictions have higher limits. Its 40-day wait is one of four at that length (California, Iowa, Nevada and Washington), against a median of 30 days across the 32 jurisdictions with a numeric wait. For California’s limit and process, see our California small estate affidavit guide, and for every state, see the small estate affidavit limits by state table.

Frequently Asked Questions

What is the Washington small estate affidavit limit?

$100,000 for the value of the decedent’s entire estate subject to probate, wherever located, less liens and encumbrances, not counting the surviving spouse’s or domestic partner’s community property interest.

How long do I have to wait in Washington?

At least 40 days after the death, and at least 10 days after you serve or mail written notice of your claim to the other successors.

Does the Washington small estate affidavit have to be filed with the court?

The statute has you present the affidavit and proof of death to the person who owes or holds the property. It does not mention a court filing. A copy must be mailed to the DSHS Office of Financial Recovery.

Can the Washington small estate affidavit transfer a house?

No. It covers personal property only. Real estate in the decedent’s name can still count toward the $100,000 if it is part of the estate subject to probate. A house can pass by a community property agreement, a recorded transfer on death deed, joint ownership with survivorship, or probate.

Do debts have to be paid before using the affidavit?

The affidavit has to state that all of the decedent’s debts, including funeral and burial expenses, have been paid or provided for.

Why does DSHS get a copy?

RCW 11.62.010(5) requires a copy, including the decedent’s Social Security number, to be mailed to the DSHS Office of Financial Recovery. The office’s page says it recovers long-term care and Medicaid costs from the estates of decedents.

How do I transfer a car in Washington?

Ask the Department of Licensing. WAC 308-56A-335 lists a copy of the death certificate plus an affidavit of inheritance or an affidavit of succession for an estate that is not administered. The Department’s form TD-420-041 asks you to sign before a notary or a Washington vehicle licensing agent.

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ClearLegalTips is an independent publisher of plain-English legal guides, free document templates, and cost calculators for common U.S. legal tasks. Every article is reviewed by founder and editor Fatih Öztürk and fact-checked against official sources: statutes, court fee schedules, and government filing pages. Not a law firm; nothing here is legal advice.