Do I Need to Open Probate In Washington State?

While opening probate may be beneficial or required in some instances, not every death may trigger the need to open a probate case to administer an estate.

For smaller estates, a “Small Estate Affidavit” may be sufficient. If the value of the decedent’s estate is not more than $100,000, then personal property (like vehicles, furniture, household items, jewelry, cash, stocks, etc.) may pass to beneficiaries or heirs by use of a Small Estate Affidavit. RCW 11.62.010 outlines the requirements for this affidavit.

However, a Small Estate Affidavit should only be used if the decedent was a Washington State resident and there is not a pending Petition for Appointment of Personal Representative. If there is real property in the deceased’s estate or the estate may be insolvent (there are more debts than assets), then this method will not be appropriate.

There are some additional restrictions found in RCW 11.60 and a lawyer at Beresford Booth can also help you determine whether a Small Estate Affidavit is appropriate in your particular situation.

Edmonds Washington Law Firm Beresford Booth assists its clients with a variety of legal issues including Estate Planning & Probate. Please contact one of the Washington State Estate Planning & Probate Lawyers at Beresford Booth for assistance.

BERESFORD BOOTH has made this content available to the general public for informational purposes only.  The information on this site is not intended to convey legal opinions or legal advice.