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Estate Affidavit Guide

Washington Small Estate Affidavit Checklist: How to File, Step by Step

Washington does not publish a fill-in form for Small Estate Affidavit — RCW 11.62.010 instead lists what a compliant filing must contain. Below is that requirement, explained in plain language and cited section by section. This is informational only and is not legal advice; we do not draft or individualize the filing.

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Washington does not publish a fill-in form for Small Estate Affidavit — RCW 11.62.010 instead sets out what a compliant filing must contain. Here is the full sequence, with the statutory fact behind each step.

  1. Confirm the estate's total value, including real property equity

    Add up the decedent's entire probate estate — bank accounts, vehicles, securities, and any other personal property, plus the decedent's equity in any real property — less liens and encumbrances, and excluding only a surviving spouse's or domestic partner's community property interest. If the total exceeds $100,000, this affidavit is not available even if the real property itself will pass some other way.

  2. Wait at least 40 days from the date of death

    The affidavit cannot be presented, and cannot even truthfully state the required 40-day fact, until at least 40 days have elapsed since the decedent's death.

  3. Identify every other successor and send written notice

    Before presenting the affidavit, the claiming successor must give written notice — by personal service or mail — to every other successor of the decedent, and at least 10 days must pass after that notice before the affidavit itself can be presented.

  4. Prepare the affidavit covering every element of RCW 11.62.010(2)

    No statewide mandatory form exists. Whatever template is used — a county court's version (Kitsap, Whatcom, Pierce, and others each publish their own) or a nonprofit legal-aid fillable form — it must cover: the claiming successor's identity, Washington residency of the decedent, the estate's value and that it doesn't exceed $100,000, the 40-day fact, that no personal representative appointment is pending or granted, that debts have been paid or provided for, a description of the property claimed, the notice-given fact, and the affiant's authority to claim the property on behalf of all other successors with an interest.

  5. Have the affidavit notarized

    The bare statute text doesn't itself demand notarization, but every real-world form examined requires sworn, notarized execution, and Washington's Office of Financial Recovery requires a notarized copy for its own purposes — most banks and other holders will expect a notarized affidavit as a practical matter.

  6. Present the affidavit directly to the holder

    This goes straight to whoever holds the property or owes the debt — a bank, employer, insurer, or similar institution — not to a court. No court filing is required for the standard affidavit.

  7. If a holder refuses, cite the discharge and compel-compliance provisions directly

    RCW 11.62.020 fully discharges a holder that pays or delivers property in good-faith reliance on a compliant affidavit, and separately allows a refused successor to bring a proceeding to compel payment, delivery, or transfer upon proof of their right.

The step families get stuck on is presenting the completed filing to a bank, DMV, or title company — see also how long the whole process actually takes once the waiting period passes.

Get the official Washington form

Download the state's own fill-in instrument directly — never a third-party paywalled copy: Official Small Estate Affidavit form . Washington has no statewide mandatory form — confirmed directly in the header of the state's own best free self-help artifact (Northwest Justice Project's fillable Small Estate Affidavit, hosted at washingtonlawhelp.org), which prints 'RCW 11.62.010 (No mandatory form)' verbatim. Individual county courts (Kitsap, Whatcom, Pierce, and others) each publish their own near-identical templates, all built to satisfy the same statutory elements, but none is 'the' official numbered state form the way some other states have.

The step that isn't really paperwork

Presenting it to the bank, DMV, or title company is where families actually lose time — most front-line staff have never processed this kind of filing before. Free one-pager: what to bring and what to say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop. No ongoing newsletter.

Email only — we never ask for estate value, family details, or account numbers, and never sell your address.