Small Estate Affidavit vs. Full Probate in Washington: Which Applies?
Small Estate Affidavit is a narrower, faster alternative to full probate in Washington — available only when the estate meets RCW 11.62.010's conditions (at or under $100,000 (the decedent's entire probate estate, wherever located, less liens and encumbrances, not including the surviving spouse's or surviving domestic partner's community property interest — and this includes the decedent's equity in real property even though the affidavit itself can never transfer real property; stable since a 2008 amendment, not a recent change)). Once an estate falls outside those conditions, full probate is what applies instead. This is informational only and is not legal advice.
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What makes Small Estate Affidavit different from full probate
Small Estate Affidavit is a narrower, faster alternative to full probate in Washington — available only when the estate meets RCW 11.62.010's specific conditions (non-exempt property at or under $100,000 (the decedent's entire probate estate, wherever located, less liens and encumbrances, not including the surviving spouse's or surviving domestic partner's community property interest — and this includes the decedent's equity in real property even though the affidavit itself can never transfer real property; stable since a 2008 amendment, not a recent change)). Full probate has no such ceiling and no comparable shortcut; it's the default process every estate falls back into once it doesn't meet a narrower mechanism's conditions.
When an estate is pushed into full probate instead
- The estate exceeds the $100,000 (the decedent's entire probate estate, wherever located, less liens and encumbrances, not including the surviving spouse's or surviving domestic partner's community property interest — and this includes the decedent's equity in real property even though the affidavit itself can never transfer real property; stable since a 2008 amendment, not a recent change) cap. Even one dollar over the statutory line under RCW 11.62.010 disqualifies small estate affidavit entirely — there's no partial or reduced-scope version of this mechanism for an estate just over the ceiling.
- Probate estate exceeds $100,000, including real property equity. The cap covers the decedent's entire probate estate, wherever located, less liens and encumbrances, and excluding only the surviving spouse's or domestic partner's community property interest — not just personal property. A decedent's equity in real property counts toward this total even though the affidavit cannot itself transfer that real property.
- Fewer than 40 days have elapsed since death. The affidavit cannot be used until at least 40 days have passed since the date of death, and the affidavit itself must state that this much time has elapsed.
Why it's worth checking first: full probate is slower and typically far more expensive than small estate affidavit — a probate attorney typically charges $1,500–$4,200+ for the more limited process this guide covers, and full probate usually costs more and takes longer on top of that. Confirm eligibility before assuming you need the bigger process — see what qualifies for Small Estate Affidavit in Washington.
Once you know which path applies, here's the next snag
Whichever mechanism fits, presenting it to the asset holder is where families lose time. Free one-pager: what to bring and say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop.