Washington Probate Guide
If you've just lost someone and are facing the Washington probate process — this guide walks you through what it costs, how long it takes, the exact filings Washington requires, and whether you can avoid formal probate entirely.
Typical Timeline
6–12 months
Uncontested formal probate
Small Estate Threshold
$100,000
Small Estate Affidavit (Disposition by Affidavit)
Court
Superior Court
Filing fee: $240–$350
Executor Commission
Reasonable fee
~$25,000 on a $1M estate
Probate is triggered when the decedent owned solely-titled personal property exceeding $100,000 or any real estate not held in a trust, joint tenancy, community property agreement, or under a TOD deed. Washington's community property regime means the surviving spouse already owns half of all community assets without probate.
Washington probate typically closes in 6-12 months. The 4-month creditor claim period from first publication is the floor. Washington's 'non-intervention' powers (granted by most wills) eliminate ongoing court supervision, making it one of the fastest probate states.
Washington's Small Estate Affidavit (Disposition by Affidavit) allows qualifying estates to skip formal probate.
| If the death occurred… | Small estate threshold |
|---|---|
| Current threshold under Ch. 11.62 RCW (raised from $60,000 effective for decedents dying after June 5, 2006) | $100,000 |
| Prior threshold pre-2006 | $60,000 |
Available when the personal property in the probate estate is $100,000 or less and no personal representative is pending or appointed in any jurisdiction. The affidavit may be used 40 days after death and is presented directly to asset holders.
Washington uses a 'reasonable compensation' standard under RCW 11.48.210 — no fixed percentage. The court (or the personal representative, when granted non-intervention powers) determines reasonableness based on services rendered.
Example: An estate valued at $1,000,000 would yield an executor commission of approximately $25,000.
Attorney fees:
Attorney fees are also 'reasonable' and reviewed by the court if challenged. Typical attorney fees for uncontested non-intervention probate run $3,500-$7,500.
Multiple co-executors:
Co-personal representatives share a single reasonable total fee; the court (or, in non-intervention estates, the PRs themselves with beneficiary consent) allocates among them.
Statute: RCW 11.48.210
Bond is required by default but is routinely waived: most wills waive bond, the court can waive it when all beneficiaries consent, and bond is not required when the PR is the sole beneficiary. Non-intervention powers usually go hand-in-hand with bond waiver.
Statute: RCW 11.28.185
Washington has a state estate tax with a $3,000,000 exemption for decedents dying on or after July 1, 2026 (the exemption is $3,076,000 for deaths between Jan 1 - June 30, 2026 due to inflation indexing now frozen). Top marginal rate returns to 20% for deaths on or after July 1, 2026, after SB 6347 (signed March 24, 2026) rolled back the temporary 35% top rate that applied from July 1, 2025 to June 30, 2026. Example: A $4M estate dying after July 1, 2026 would owe Washington estate tax on $1M of excess, with marginal rates starting at 10% and topping at 20%.
Filing deadline:
Washington Estate Tax Return is due 9 months after death. Extensions of up to 6 additional months are available on request.
Statute: Ch. 83.100 RCW
Washington is a community property state. The surviving spouse already owns one-half of all community property; the decedent can only dispose of his or her half. Washington has no elective share; instead, RCW 11.04.015 governs intestate shares and community property agreements can pass all property to the surviving spouse outside probate.
Washington's Medicaid Estate Recovery program (HCA) is one of the broader programs in the country — it recovers from probate AND certain non-probate assets (including community property and joint property) of recipients age 55+ who received long-term care. Recovery is deferred while a surviving spouse, minor, or disabled child lives in the home.
The full Washington executor checklist has 23 milestones: 2 specific to Washington law (shown below — filings, forms, and court interactions tied to Washington statutes) and 21 universal duties that apply in every state (expandable at the end of the list). The same item never appears in both groups.
Locate and review the will
Search for the decedent's original will and any codicils. Washington follows its own probate statutes under RCW Title 11. Washington is a community property state, so distinguishing between the decedent's separate property and community property is critical. Washington also allows community property agreements that may pass assets outside probate.
File Washington estate tax return if applicable
Washington imposes its own estate tax — see the Washington estate tax section above for the current exemption, rate schedule, and effective-date splits. File the Washington estate tax return with the Department of Revenue within nine months of death. Also file federal Form 706 if the gross estate exceeds the federal exemption.
Obtain certified death certificates
Order at least 10-12 certified copies of the death certificate from the Washington State Department of Health, Center for Health Statistics. These are required by the superior court, financial institutions, insurance companies, and government agencies.
Secure estate property and valuables
Immediately secure the decedent's residence by changing locks if necessary. Safeguard valuables such as jewelry, cash, important documents, firearms, and collectibles. If the home will be vacant, arrange for regular checks, maintain climate control, and notify the homeowner's insurance carrier of the vacancy. Secure vehicles, safe deposit boxes, and storage units. Document the condition of all property with photographs.
File petition for probate with the superior court
File a Petition for Probate of Will and appointment of personal representative (or Petition for Letters of Administration for intestate estates) with the superior court in the county where the decedent was domiciled. Washington offers nonintervention powers (RCW 11.68) that allow the personal representative to administer the estate without ongoing court supervision. Qualifying small estates may use a simplified affidavit procedure under RCW 11.62.
Receive Letters Testamentary or Letters of Administration
After the court admits the will and appoints the personal representative, Letters are issued. The representative must take an oath and may need to post a bond unless waived by the will or by nonintervention powers. Obtain multiple certified copies.
Notify the Social Security Administration
Report the death to the Social Security Administration at 1-800-772-1213 if the funeral home has not already done so. Benefits received after the date of death must be returned. Surviving spouses and dependent children may be eligible for survivor benefits.
Cancel services, subscriptions, and forward mail
Forward the decedent's mail through USPS to the executor's address or a secure location to capture bills, tax documents, and creditor correspondence. Cancel or transfer utilities (electric, gas, water, internet, phone), streaming services, gym memberships, magazine subscriptions, and other recurring payments. Notify the landlord if the decedent rented. Cancel the decedent's driver's license, voter registration, and passport to help prevent identity theft.
Publish notice to creditors
Publish a Notice to Creditors in a newspaper of general circulation in the county, once a week for three successive weeks, as required by RCW 11.40.020. Creditors have four months from the date of first publication to present their claims (or 30 days from the date of personal service of notice on a known creditor). Also mail notice to all known or reasonably ascertainable creditors.
Notify financial institutions
Send certified copies of the death certificate and Letters to all banks, brokerage firms, insurance companies, and retirement account custodians. Request date-of-death valuations. As a community property state, carefully identify which assets are community property versus separate property.
Open an estate bank account
Obtain an EIN from the IRS via Form SS-4 and open a checking account in the name of the estate. All estate income and expense payments should flow through this account.
File IRS Form 56 (Notice of Fiduciary Relationship)
File IRS Form 56 to notify the IRS that you are acting as the fiduciary (executor or administrator) for the decedent's estate. This establishes your authority to receive the decedent's tax information, file returns on their behalf, and correspond with the IRS regarding estate matters. File this form promptly after receiving Letters.
Maintain insurance and pay ongoing estate expenses
Review and maintain all insurance policies on estate property, including homeowner's insurance, auto insurance, and any umbrella liability coverage. Lapsed coverage during administration can expose the estate to significant liability. Continue paying ongoing obligations from the estate bank account: mortgage or rent, property taxes, HOA fees, storage unit fees, and essential maintenance. Keep detailed records of all payments for the final accounting.
File inventory and appraisement
Prepare an inventory of all estate assets with date-of-death fair market values. Under RCW 11.44.015, the personal representative must file the inventory with the court within three months of appointment. Engage qualified appraisers for real property and other valuable assets.
Handle digital assets and online accounts
Identify and secure the decedent's digital assets, including email accounts, social media profiles, cloud storage, cryptocurrency wallets, online banking, and digital subscriptions. Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs fiduciary access to digital accounts. Check the decedent's devices, password managers, and records for account credentials. Contact service providers to memorialize or close accounts as appropriate.
File claims against life insurance and benefits policies
File claims on all life insurance policies, accidental death policies, and any other insurance or death benefits payable to the estate or named beneficiaries. Provide certified death certificates and completed claim forms to each insurance carrier. Note that policies with named beneficiaries generally pass outside of probate directly to the beneficiary, but proceeds payable to the estate must be inventoried.
File final personal income tax return (Form 1040)
File the decedent's final federal income tax return (Form 1040) for January 1 through the date of death. Washington does not impose a state individual income tax (though it does impose a capital gains tax on certain high-value transactions), so no state income tax return is typically required. A surviving spouse may file jointly.
File estate income tax return (Form 1041) if applicable
If the estate earns more than $600 in gross income during administration, file federal Form 1041. Washington does not impose a state income tax on fiduciary income.
Review and pay valid creditor claims
Evaluate all claims presented within the four-month claims period. Allow or reject each claim under RCW 11.40.100. Pay valid claims from estate funds in the order of priority established by RCW 11.76.110: costs of administration, funeral expenses, debts with federal preference, taxes, expenses of last illness, and all other claims.
Distribute specific bequests
Distribute any specific gifts or bequests identified in the will, such as jewelry, heirlooms, specific dollar amounts, or particular assets to named beneficiaries. Obtain signed receipts from each beneficiary. Ensure adequate reserves are maintained for taxes, administration costs, and any pending creditor claims before making distributions.
Distribute residuary estate to beneficiaries
After all debts, taxes, expenses, and specific bequests have been satisfied, distribute the remaining estate assets to the residuary beneficiaries as directed by the will or Washington intestacy law (RCW 11.04.015). The surviving spouse receives the community property interest. Washington also provides a homestead exemption and award in lieu of homestead. Obtain signed receipts from all beneficiaries.
File Declaration of Completion or court accounting
Under nonintervention administration, file a Declaration of Completion under RCW 11.68.110 with the court when all obligations are met. Under intervention administration, file a final accounting with the court for approval. The Declaration of Completion becomes effective 30 days after filing and serving on interested parties unless someone objects.
Close the estate bank account
After all distributions are complete, close the estate bank account. Confirm all checks have cleared and the balance is zero. Retain financial records for at least five years.
If the decedent owned Washington real estate but was domiciled elsewhere, ancillary probate is required in the Superior Court for the county where the property is located. Washington estate tax may apply to the Washington real estate even if the decedent was a non-resident, if the WA-situs estate exceeds the filing threshold.
Most Washington estates close in 6-12 months thanks to the state's non-intervention powers — the personal representative administers the estate with minimal court oversight after the initial appointment. The 4-month creditor period (from first publication) sets the floor.
Superior Court filing fees run roughly $240-$350. Attorney fees for uncontested non-intervention probate typically run $3,500-$7,500. Personal representative compensation is 'reasonable' under RCW 11.48.210.
When personal property in the probate estate totals $100,000 or less, an heir can use a small estate affidavit 40 days after death (RCW Chapter 11.62). The affidavit is presented to banks and asset holders — not filed with the court.
Washington does not require an attorney, but King County and most other counties strongly prefer counsel because the personal representative is considered a fiduciary representing beneficiaries. Many self-represented executors handle small estate affidavits without counsel.
Yes — Washington offers more probate-avoidance options than most states. Revocable living trusts, joint tenancy, community property agreements, Transfer on Death deeds (Ch. 64.80 RCW), POD/TOD accounts, and beneficiary designations all work. Community property agreements between spouses are particularly effective.
RCW 11.20.010 requires the custodian of a will to deliver it to the court (or named personal representative) within 30 days of learning of the death, and a PR who has the will must file it with the court within 40 days. Failure can expose the custodian to civil liability.
Yes. Washington has a state estate tax with a $3 million exemption (decedents dying on or after July 1, 2026), topping out at a 20% marginal rate. The Washington return is due 9 months after death. This is one of the lowest state estate tax exemptions in the country.
Yes. Washington adopted the Uniform Real Property Transfer on Death Act in Chapter 64.80 RCW. A properly executed and recorded TOD deed lets Washington real estate pass outside probate to the named beneficiary.
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This page is informational, not legal advice. Probate rules, thresholds, fees, and tax exemptions change. For your specific situation, consult a licensed Washington probate attorney.