Washington Small Estate Affidavit Form

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Updated May 25, 2022

A Washington small estate affidavit, known as the State of Washington Affidavit of Successor, is used to expedite the probate process for an estate worth less than $100,000. In order to use this form, the decedent must have resided in the State of Washington, forty (40) days must have passed since the date of death, and all of the estate’s debts must have been paid. 

Laws

How to File (7 steps)

Step 1 – Pay Debts

Per RCWA 11.62.010(2)(f), the estate’s debts must be paid before you file an affidavit to collect its assets. If you cannot get the decedent’s assets to pay said decedent’s debts, you or another successor could pay the debts yourselves. Keep records and receipts.

Step 2 – Wait Forty (40) Days

As you wait for the required amount of time to pass before you are able to file an affidavit, you can use the time to determine the value of the property subject to probate. This will not include community property. Gather other relevant information, including names and addresses of successors, and the value of the assets (which must not exceed $100,000), and check to make sure no petition for the appointment of a personal representative is pending. You can also use this time to get a death certificate, which you will need to present with your affidavit. You can obtain this by contacting the Center for Health Statistics of the Washington State Department of Health at (360) 753-5936 or P.O. Box 7814, Olympia, WA 98504-7814.

Step 3 – Prepare Affidavit

Download and fill out the State of Washington Affidavit of Successor.

Step 4 – Notify Other Successors

Per RCWA 11.62.010(h), other successors must be notified, in writing, either by personal service or mail, of your intent to file an affidavit. The written notice must describe the property you are claiming. If you are mailing the notice, request a return receipt. Keep a copy of the letter. Wait ten (10) days before delivering the last letter.

Step 5 – Get It Notarized

Once other successors have been notified, you can sign your affidavit in the presence of a notary public.

Step 6 – Mail Notarized Copy

Mail a notarized copy to the Department of Social and Health Services Office of Financial Recovery Box 9501 Olympia, WA 98507-9501.

Step 7 – Collect the Assets

Deliver the affidavit and a copy of the decedent’s death certificate to the person, corporation, or financial institution holding the property or owes the debt you are claiming.

(Video) Washington Small Estate Affidavits Explained

How to Write

Download: Adobe PDF

Article 1

(1) Washington Decedent Name. The identity of the Washington Deceased (Decedent) is required in the first item of Article 1. His or her death certificate should be consulted so that the Washington Decedent’s entire name can be accurately reported.

(2) Name Of Successor To Washington Decedent. The Petitioner or the Washington Successor’s name is also a requirement of this article. As the Washington Affiant, the Successor must complete this form then file it before it can be presented to obtain the property of the Washington Decedent.

(3) Successor Address. The complete address where the Washington Successor will monitor and receive all mail regarding this matter should be dispensed to complete the first article’s requirements.

Article 8

(4) Description Of Property Claimed. The property wanted from the Washington Deceased’s estate will need to be discussed in the eighth article. This should be a complete list of all assets that are expected by the Washington Successor therefore, if needed, an attachment containing a full report may be developed so long as it is physically presented with this paperwork at all times. This inventory should be made up of the items, accounts, financial holdings, insurance payments, and cash. All information needed to identify each property should be included. For instance, if there are stocks sought by the Washington Successor, record the name of the Entity whose stock the Washington Decedent owned and the number of shares whereas a tangible item such as exercise equipment should be defined by the product name, model, and serial number.

Article 10

(5) Reason For Successor Entitlement. One of two statements made in the tenth article must apply to the Successor. If the Washington Affiant is the sole Successor and no other Heirs or Successors can lay claim to the Washington Decedent’s assets, then select the first statement using the corresponding checkbox.

(6) Release To Successor. If the Washington Affiant is not the only Successor who may claim the property of the Deceased but has obtained a written release from every other Successor, Beneficiary, or Heir to file this paperwork then select the second statement.

Signature

(7) Signature Date Of Claimant. The State of Washington mandates that at least forty days must pass after the death of the Decedent before this petition may be filed. The Washington Affiant will need to provide proof of his or her compliance to this statute through a dated signature that is further verified through the notarization process. When he or she is ready, the Washington Affiant (or Successor) must document the current date just before signing his or her name.

(8) Claimant Signature. The Washington Affiant must provide his or her signature as the Claimant seeking the defined assets from the Decedent’s estate.

(9) Notary Action For Washington Petition. The Notary Public working with the Washington Affiant or Claimant shall apply the notarization process to the signature required by the Claimant and will show this process in the area provided.