Tenants: Name someone to take care of your stuff if you die

I’m a tenant who lives alone. What happens to my personal belongings after I die?

You can choose someone to take care of your rental home, get any rent refunds, and get your things after you die. You must designate who this person is in writing and must follow the requirements of the law. You can use the form Designation of Tenant’s Representative After Death in this guide. You give the form to your landlord.

The person you choose is called the “tenant’s representative.” Your legal successors can also be your personal representative when dealing with your landlord.

You should also complete a Will if you can.

Why should I designate someone to take care of my things?

It can help make sure your property is dealt with right away by someone you trust after you die. It also can help you minimize costs related to the lease ending because of your death. Using a designation form can prevent problems like:

• Your heirs not learning of your death right away.
• Delays or extra costs for your heirs when they try to claim your property.
• Your property could be handled by strangers or your landlord before your personal representative can access it.
• Your property can be destroyed.

Can my landlord make me fill out a designation form?

No. These kinds of forms are optional and aren’t supposed to be part of your lease or rental agreement. A landlord can ask you to complete a designation form, but you don’t have to if you don’t want to. You can also give your landlord one even if they don’t ask for one.

Where do I get the form?

Use the designation form in this guide. 

If you write your own form, or use one your landlord gave you, make sure it follows the requirements of the law.

What are the requirements for the designation form?

It must be written. It also must have all these:

• Include your signature and the date you signed it.
• Be separate from your lease.
• Give the designated person’s name, mailing address, email address, and phone number.
• Tell the landlord to let this designated person enter your place, take your things, receive any deposit refunds due, and take care of your things according to your Will or state law.
• State that this designation is good until you cancel (revoke) it in writing or replace it with a new one.

Can I change my mind? 

Yes, at any time. To revoke your designation, you must do it in writing. You can use our Revocation of Tenant’s Designated Representative After Death.

You can also change who the personal representative is. To designate a new tenant personal representative, fill out a new designation form.

Give your landlord a copy of any revocation or new designation forms.  

What limits the designated person’s authority? 

The person you designate can act on your behalf related to your rental unless you notify your landlord that you’ve revoked the designation. The person also must stop acting on your behalf if either of these are true:

• The Superior Court has appointed a personal representative for your estate.
• Someone claiming to be your successor gives the landlord proof of your death and a Small Estate Affidavit under RCW 11.62. Then that person can claim your personal property and deal with your rental.