When Is Probate Required in Washington State: Assets and Affidavits

Probate is required in Washington state whenever the deceased person left assets titled in their sole name with no beneficiary or survivor designation, and the estate does not qualify for a shortcut. If every asset passes through a joint title, a named beneficiary, a trust, or a community property agreement, no court case is needed. If the personal property subject to probate is worth $100,000 or less, a sworn affidavit can replace a full case. Everything else generally has to go through superior court before title can move.¹

Assets That Trigger Probate

The trigger is title. An account, vehicle, or parcel of real estate held only in the deceased person’s name, with no “Pay on Death” or “Transfer on Death” designation and no surviving co-owner, usually cannot be transferred without legal authority from the court.² Banks typically freeze sole-ownership accounts once they learn of the death. A house or vacant lot in the deceased person’s name alone stays locked against sale or refinance until a personal representative has been appointed and can sign the deed.³

Real estate is the asset most likely to force a probate. A Transfer on Death Deed can prevent this, but only if it states the transfer occurs at death and is recorded with the county auditor in the property’s county before the owner dies. Without that step, or another nonprobate tool, the land will typically need a court-appointed representative to clear title.

When You Can Skip Probate With a Small-Estate Affidavit

Washington offers a sworn-affidavit shortcut if the total value of the estate subject to probate, minus liens and encumbrances, is $100,000 or less, and the deceased person was a Washington resident at death. The affidavit collects personal property and debts only. It cannot transfer title to real estate. The claimant must also wait at least 40 days after the date of death before using it.⁴

To use the affidavit, the claimant has to confirm several things in writing:

No petition for a personal representative is pending or has been granted in any jurisdiction.
Notice has been given to all other successors, and at least 10 days have passed since that notice.
All debts of the deceased person, including funeral and burial expenses, have been paid or provided for.

The affidavit describes the specific property being claimed, such as account numbers or stock certificates, and is sworn before a notary or other authorized officer. It is then presented directly to whoever holds the asset. The bank, agency, or transfer agent is required by law to release the property or reissue the certificate to the successor. Standard forms are often available through county websites and law libraries.

Assets That Bypass Probate Automatically

Several ownership structures carry assets to the next person by operation of law, with no court involvement at all. A community property agreement lets spouses or domestic partners decide in advance how their community property passes at the first death. To be valid it must be in writing, witnessed, and notarized the same way as a deed.⁵ If the agreement covers real estate and you want future buyers or lenders to accept clean title, record it in the county where the property sits.

Joint tenancy with right of survivorship works the same way: the surviving owner is treated as the sole owner the moment the other owner dies.⁶ Assets inside a revocable living trust pass under the trust’s instructions, and the successor trustee can distribute them without asking a judge for permission.² Life insurance, retirement accounts, and bank accounts with Pay on Death or Transfer on Death beneficiaries also move outside probate.

If Probate Is Required, How It Starts

Whoever holds the original will must deliver it to the court or to the executor named in the document, generally within 30 days of learning about the death.⁷ A probate case opens when a petitioner files in superior court asking the court to admit the will and appoint a personal representative.⁸ The petitioner can file in any county at first, though the case will typically be moved to the county where the deceased person lived if a party asks for the change in time.⁹

Once the court appoints the personal representative,¹⁰ the clerk issues Letters Testamentary. Those letters are the formal proof of authority the banks, title companies, and other institutions will ask to see before releasing or retitling anything.¹¹ The court often grants nonintervention powers at the same time, which lets the representative sell and distribute property without returning for a court order on each transaction.³ From there the representative gathers assets, deals with creditors, and distributes what remains to the beneficiaries.¹²

1
Washington State Legislature. Washington RCW Section 11.96A.040
2
Washington State Legislature. Washington RCW Section 11.02.005
3
Washington State Legislature. Washington RCW Section 11.68.090
4
Washington State Legislature. Washington RCW Section 11.62.010
5
Washington State Legislature. Washington RCW Section 26.16.120
6
Washington State Legislature. Washington RCW Section 64.28.010
7
Washington State Legislature. Washington RCW Section 11.20.010
8
Washington State Legislature. Washington RCW Section 11.20.020
9
Washington State Legislature. Washington RCW Section 11.96A.050
10
Washington State Legislature. Washington RCW Section 11.28.010
11
Washington State Legislature. Washington RCW Section 11.28.090
12
Washington State Legislature. Washington RCW Section 11.48.010