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Manage a small estate yourself

Northwest Justice Project

Use this guide to get the personal property of your loved one after they die if the estate is small enough. In Washington, an estate with less than $100,000 in probate assets can be settled using a simple process and a Small Estate Affidavit form. 

Contents

  1. Definitions
  2. Process
  3. Requirements
  4. Successors
  5. Step-by-step
  6. Forms
View All Contents (PDF)

1. Definitions

When someone dies, their belongings, property, and debts need to be dealt with and  distributed. If the person dies with  is a valid will (called “dying testate”) or another legal document that instructs how to distribute the property, it will usually be followed. If the person dies without a valid Will (called “dying intestate”), then usually  Washington State’s  intestacy law (RCW 11.04.015) and other probate laws will apply.

Probate is one legal way that a deceased person’s estate is dealt with after they die (called “settling” or “closing” the estate). Probate can happen whether you have a Will or not. Probate involves the court, judges, letters testamentary, filings and hearings. Probate isn’t required in Washington for every situation, but is often necessary if real property is involved or you need letters testamentary. 

An estate includes anything you own at the time of your death. This can include your home (but only the part you own, if you own it with someone else), any other buildings or land you own, vehicles, bank accounts, personal property, and intangible personal property like stocks or bonds. 

A Will is legal document that can give instructions for:

  • The disposition of your body
  • Your funeral plans
  • The inheritance of your property
  • The settling of your debts
  • The care of loved ones left behind like children and pets
  • The distribution of your belongings

These are some important Will related terms:

  • A testator is the person who writes a Will.
  • A Will should name an executor. An executor is a person who manages the responsibility of the Will for a deceased person. The executor can also be called the personal representative.
  • A deceased person is also called the decedent.
  • A successor is someone who inherits something. It’s common to use the word successor instead of heir.
  • A beneficiary is someone who is given something in a Will or other legal document. Beneficiaries are sometimes also called “Interested Parties”.
  • A witness is a person who witnessed the testator sign the original Will and then attests that they witnessed the signing of the Will.
  • The signing of a Will is called executing the Will. 

If you have the Will of someone who died, it doesn’t necessarily have to go through probate. It will depend on the situation. You still will have to file the Will with the right court if you have it in your possession when the person dies and you’re the executor. Filing the Will with the court doesn’t automatically start probate. 

Under 11.20.010, you should give any Will in your possession to the court or the executor within 30 days of when you find out that the testator died. If you have the Will of someone who died and you’re the executor, the Will must be given to the court that has jurisdiction within 40 days of the death of the testator. The court with jurisdiction is usually the one where the property is located or the testator lived. 

2. Process