Personal property
$100,000
statutory cap
40-day wait
Excludes real property explicitly.
WA · Superior Court
Washington
Small-estate-affidavit threshold and procedure under § RCW § 11.62.010.
Verified 2026-05-04
01
Who is eligible to file
- Surviving spouse or registered domestic partner
- Adult children, equally if more than one
- Parents of the decedent, if no spouse or descendants
- The named executor under the will, if one exists
- An heir at law under Washington's intestate-succession statute, in the absence of the above
02
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
State note: Excludes real property explicitly.
Waiting period
State requires 40 days to elapse from date of death (personal-property path) before filing.Real property
Excluded — personal property only
The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).
03
Where to file
File with the Superior Court in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The Washington judicial system operates an authoritative court locator.
Find your county’s Superior Court via the Washington judicial council website. Search for “Washington Superior Court county locator” or visit the state government court directory.
Note: in Washington, the small-estate affidavit is generally presented to the property holder (bank, brokerage, registrar) rather than filed with the court. The court named above is the venue for related probate matters and any contested questions.
04
Form & statute
Form
- Affidavit of Successor
Statute