After a death in Washington

Small estates

Small estate affidavit (RCW 11.62.010). Can be used when the probate estate is worth $100,000 or less, not counting the surviving spouse’s or domestic partner’s share of community property. 40 days must pass after death. It covers personal property and money owed, not real estate. No personal representative can be appointed or requested, and the successor must state that all debts, including funeral and burial costs, have been paid or provided for.

• Limit: $100,000 (probate estate, not counting the surviving spouse’s community property share)
• Waiting time after the death: 40 days
• Source: the official source

Probate court

In Washington, estates are handled by the Superior Court in the county where the person lived., usually in the county where the person lived.

Creditor claims: 4 months after the first publication of the notice to creditors. Creditors who get actual notice have the later of 30 days after the notice or 4 months after first publication. If no notice is given, claims must be made within 24 months after death (RCW 11.40.051).

Official court forms

The Washington courts forms site has no probate or small estate forms. Some county superior court clerks post their own, and WashingtonLawHelp.org (legal aid, not a court) has a free small estate affidavit.

Ask the clerk of the probate court in the county where the person lived for the forms they use. Many courts post them on the county website.

Estate and inheritance tax

• State estate tax: Yes, for estates above $3,076,000 for deaths January 1 to June 30, 2026. $3,000,000 for deaths on or after July 1, 2026.. For deaths January 1 to June 30, 2026, rates run from 10 percent to 35 percent. For deaths on or after July 1, 2026, 2026 legislation (SB 6347) rolled rates back to 10 percent to 20 percent, the same as before July 2025, with a $3,000,000 exclusion. The Department of Revenue says the amount is not set to rise with inflation going forward. The return and payment are due 9 months after death.
• Inheritance tax: No. Washington has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Transfer on death deed under the Uniform Real Property Transfer on Death Act (chapter 64.80 RCW). It must be recorded before the owner dies.
• Community property state: Yes.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: In writing, signed by the will maker (or by another at their direction in their presence or electronic presence), and attested by two or more competent witnesses who sign the will or sign an affidavit, in the will maker’s presence or electronic presence (RCW 11.12.020). Electronic wills are allowed. A witness affidavit under RCW 11.20.020 lets the will be probated without testimony.

Handwritten wills: Not valid. Every will must be attested by two competent witnesses (RCW 11.12.020).

Power of attorney and health care directive

Financial power of attorney: Washington Uniform Power of Attorney Act (chapter 11.125 RCW, in effect since 2017). The principal must sign and date it, and the signature must be either acknowledged before a notary or attested by two competent witnesses (RCW 11.125.050). Witnesses cannot be the principal’s home care provider or a care provider at the adult family home or long term care facility where the principal lives, and cannot be related to the principal or the agent. A notary is needed to record it for real estate.

Health care directive: Health Care Directive, the living will (RCW 70.122.030): signed and either notarized or signed before two witnesses. Witnesses cannot be related by blood or marriage, an heir, your attending doctor or their employee, an employee of the health facility where you are a patient, or anyone with a claim against your estate. A Durable Power of Attorney for Health Care is made under chapter 11.125 RCW with the same signing rules as a financial power of attorney.

Death certificates

Certified copies come from the Washington State Department of Health, Center for Health Statistics. Phone 360-236-4300. Local health departments can also issue copies, often the same day.. The fee is $25 per certified copy (plus ordering or shipping fees, depending on method).. The funeral home can usually order them for you.

Certified copies go to the spouse or domestic partner, child, parent, stepparent, stepchild, sibling, grandparent, grandchild, legal guardian or representative, next of kin, the funeral home within 12 months, the person in charge of the remains, and others listed by law. Anyone can get a noncertified informational copy.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Washington’s estate tax changed twice in a year: 2025 law raised rates up to 35 percent from July 1, 2025, then SB 6347 in 2026 cut them back to a 20 percent top rate for deaths on or after July 1, 2026, with a $3,000,000 exclusion. Washington is a community property state.