How Probate Works in Washington

Does Washington require probate?

Not always. Washington provides several ways to transfer assets without full court-supervised probate.

Estates with probate assets under $100,000 (excluding real property) can use a small estate affidavit. Community property held with a right of survivorship passes directly to the surviving spouse. And most estates that do go through probate qualify for non-intervention powers, which dramatically reduces court involvement.

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What court handles probate in Washington?

Probate in Washington is handled by the Superior Court in the county where the deceased person lived. If the deceased did not live in Washington but owned property there, the case is filed in the county where the property is located.

There is no statutory deadline to file for probate in Washington, but it should be done promptly. Under House Bill 2445 (effective 2025), family members now have 90 days (increased from 40) to petition the court for appointment before a third party can intervene.

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Small estate threshold

Estates with probate assets (not including real property) valued at $100,000 or less can use a small estate affidavit to claim assets without formal probate (RCW 11.62).

Requirements:

• At least 40 days must have passed since the date of death.
• No probate proceeding is pending or has been filed.
• The total value of the decedent's probate assets (personal property only) does not exceed $100,000.
• The claimant is a "successor" to the decedent (spouse, heir, or beneficiary).

Present the affidavit to banks, employers, or other institutions holding the deceased's assets. They are required to release the assets to the claimant.

Real property cannot be transferred through the small estate affidavit process. If the estate includes real estate that must pass through probate, full administration is required.

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Non-intervention powers

Non-intervention powers are the most common form of probate administration in Washington. They allow the personal representative to manage the estate with minimal court oversight (RCW 11.68).

With non-intervention powers, the personal representative can buy, sell, lease, mortgage, and distribute estate assets without needing court approval for each transaction. This is faster and less expensive than court-supervised administration.

Non-intervention powers are available when:

• The estate is solvent (assets exceed debts).
• For estates with a will, the personal representative was named in the will, and the will does not prohibit non-intervention administration.
• For intestate estates (no will), the requirements are stricter: the estate must consist entirely of community property, the petitioner must be the surviving spouse or domestic partner, and the deceased must have no children from a prior relationship.

If the personal representative acts improperly, any interested party can petition the court to revoke non-intervention powers.

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What if there is no will?

When someone dies without a will in Washington, the estate follows the state's intestate succession laws. Because Washington is a community property state, distribution rules differ depending on the type of property:

Community property:

• The surviving spouse or domestic partner inherits the deceased's one-half share of all community property. (The surviving spouse already owns their own half.)

Separate property:

• Spouse and children or parents. The spouse receives one-half of the separate property. The other half goes to the children (or parents, if no children).
• Spouse, no children or parents. The spouse receives three-quarters. The remaining quarter goes to the deceased's siblings or their descendants.
• Children, no spouse. The children inherit everything equally.
• Parents (no spouse or children). The parents inherit everything.

Washington also recognizes community property agreements, which can pass all community property directly to the surviving spouse without probate.

For a broader overview, see our guide on handling an estate without a will.

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What makes Washington different?

Community property state

Washington is one of nine community property states. Property acquired during the marriage is owned equally by both spouses. The surviving spouse's half of community property is not part of the probate estate, which simplifies settlement considerably for married couples.

State estate tax

Washington imposes its own state estate tax with an exemption of $2,193,000 per person (2025). This is much lower than the federal exemption of approximately $13.99 million, meaning some estates that owe no federal tax will still owe Washington state estate tax. Rates range from 10% to 20%.

As of January 1, 2025, the value of a deceased spouse's personal residence can be excluded when determining whether the estate meets the state tax filing threshold.

TEDRA dispute resolution

Washington's Trust and Estate Dispute Resolution Act (TEDRA) provides an alternative to traditional courtroom battles for estate disputes. TEDRA encourages mediation and private agreements, which are legally binding once reached. This can make contested estate matters faster and less expensive to resolve than in states that rely solely on litigation.

For a general overview of the probate process, see our guide on how probate works. If you need to order death certificates, see our guide on how to get death certificates in Washington.

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