Laws
- Days after Death – Forty (40) days must pass after a decedent dies before a small estate affidavit can be used.[1]
- Maximum Amount ($) – $100,000. According to state law, a small estate totals $100,000 or less.[2]
- Social Security Number (SSN) – The decedent’s Social Security Number must be submitted as part of the affidavit process.[3]
- Signing Requirements – The form must be signed in the presence of a notary public.
- Statute – Title 11, Chapter 11.62. Small Estates – Disposition of Property
How to File (7 steps)
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.
2. Wait 40 Days
As you wait for the required amount of time to pass before you can 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 be at most $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 must 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.
3. Prepare Affidavit
Download and fill out the State of Washington Affidavit of Successor.
4. Notify Other Successors
According to 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 10 days before delivering the last letter.