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RCW 11.62.010 · checked 2026-10-20
Washington small estate affidavit limit
In Washington the small estate affidavit is available when the entire probate estate, less liens and encumbrances, not counting the surviving spouse's or domestic partner's community property interest is $100,000 or less, and it can be used 40 days after the death. It works through an affidavit handed to the bank or other holder, with no court filing.
- 1Dollar limit $100,000
- 2Waiting period 40 days
- 3Filed with Asset holder
- 4Statute RCW 11.62.010
What RCW 11.62.010 says
The operative words of the statute, as read on 2026-10-20:
“does not exceed one hundred thousand dollars”
That test is applied to the entire probate estate, less liens and encumbrances, not counting the surviving spouse's or domestic partner's community property interest. The claimant gives written notice to the other successors at least ten days before presenting the affidavit and mails a copy to the DSHS Office of Financial Recovery.
Source: RCW 11.62.010. Last checked 2026-10-20.
Worked examples against the $100,000 limit
| Estate value | Result under RCW 11.62.010 |
|---|---|
| $60,000 | Within the limit |
| $100,000 | Within the limit |
| $101,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — entire probate estate, less liens and encumbrances, not counting the surviving spouse's or domestic partner's community property interest — not everything the person owned. Washington's figure is $37,500 above the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 7th from the top, level with Arkansas, Hawaii, Idaho, Indiana.
When the route opens
The statute requires 40 days to pass after the death. For a death on January 15, 2026, the earliest date is February 24, 2026. 3 of the 31 jurisdictions with a written wait make people wait longer and 24 wait less; the median is 30 days.
If the estate goes through full probate instead, creditors have 4 months counted from first publication of notice (RCW 11.40.051(1)(b)(i)). The Washington probate timeline works those dates through.
Filing and fees
This is a no-court procedure: the person entitled to the property signs the affidavit and presents it to whoever holds the asset — a bank, a transfer agent, a motor-vehicle office. Opening full administration for an estate of $101,000 would cost $250 under RCW 36.18.020(2)(f) and (6) — see probate court fees in Washington.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small estate affidavit and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby Pacific jurisdictions
Alaska: $50,000 after 30 days; California: $208,850 after 40 days; Hawaii: $100,000; Oregon: $75,000 after 30 days.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Washington probate court or its self-help center before filing.