Washington Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | There is no separate probate court in Washington. Probate is handled by the Superior Court, Washington's general-jurisdiction trial court, sitting in each of the 39 counties. Probate is governed by Title 11 of the Revised Code of Washington (RCW Title 11), the Washington probate and trust code, and the superior court hears probate as a case type, not as a named division. There is no surrogate and no register of wills. Some large counties run an ex parte and probate calendar or department, but that is a calendaring arrangement, not a separate court |
| Judge and filing office | The judicial officer is a superior court judge; some matters, including many uncontested probate motions, are heard by a court commissioner on the ex parte calendar. The filing office is the County Clerk, also correctly called the Clerk of the Superior Court. Petitions are filed, the will is lodged, letters are issued, and estate records are kept at the County Clerk's office. In most counties the County Clerk is a separately elected county officer; in King County the Superior Court Clerk is the appointed Director of the Department of Judicial Administration |
| Governing code | Title 11 of the Revised Code of Washington (RCW Title 11), the Washington probate and trust code |
| Filing venue | Washington law lets the petitioner file a probate in the superior court of any county in the state (RCW 11.96A.050(4)), but in practice you file in the county where the decedent lived. An interested party can move venue to the county of residence within four months of the mailing of the notice of appointment and pendency of probate, and except for good cause the court must move it (RCW 11.96A.050(4)(a)). A petitioner who seeks appointment under RCW 11.28.120(3) must file where the decedent resided at death, or, for a nonresident decedent, in a county where any part of the probate estate might be, a carve-out added by EHB 2445, 2026 c 204, effective June 11, 2026. Once letters have been granted, all later proceedings stay in that county (RCW 11.96A.050(5)) |
| Representative and authority | Personal representative is Washington's statutory term (RCW Title 11), abbreviated PR after first use. Executor and administrator are informal usages that distinguish a will-named representative from a court-appointed one. The court issues letters testamentary (with a will) or letters of administration (no will) as the personal representative's proof of authority |
| Probate paths | Probate of a will with letters testamentary (RCW 11.20.020); letters of administration where there is no will, in the priority order of RCW 11.28.120(1); nonintervention powers for unsupervised administration (RCW 11.68.011); the small estate affidavit (RCW 11.62.010); a community property agreement between spouses or domestic partners (RCW 26.16.120); and nonprobate notice to creditors by a notice agent where no personal representative has been appointed (chapter 11.42 RCW) |
| Nonintervention powers | The Washington headline: most Washington probates are unsupervised. A personal representative may petition for nonintervention powers, whether the decedent died with or without a will, and the court must grant them if it finds the estate solvent and the petitioner qualifies under RCW 11.68.011. Once granted, the personal representative administers and closes the estate without further court supervision. A will may direct that the powers not be granted, and a person appointed under RCW 11.28.120(3) cannot receive them |
| Small estate (affidavit) | At any time after 40 days from death, a claiming successor may collect the decedent's personal property by affidavit where the entire estate subject to probate, wherever located, less liens and encumbrances and not counting the surviving spouse's or domestic partner's community property interest, does not exceed $100,000, no personal representative application is pending or has been granted, debts including funeral and burial expenses are paid or provided for, and the successor gave the other successors written notice at least 10 days earlier (RCW 11.62.010). The affidavit reaches personal property only, not real property, and opens no court case |
| Filing fee | $290 to open a probate, set by statute and the same in every county: a $200 filing fee plus a $40 surcharge and a $50 surcharge (RCW 36.18.020(2)(f), (5)(c), (6)); fee waivers are available for filers who cannot afford the fee (GR 34). Confirm the current schedule with the County Clerk in the county where you file. Every fee figure on this page comes from RCW 36.18.020 and RCW 36.18.016, verified July 2026 |
| Notice of appointment | Within 20 days after appointment, the personal representative or the estate's attorney must mail or personally serve written notice of the appointment and the pendency of the probate on each heir, legatee, and devisee, and on each beneficiary or transferee of a nonprobate asset whose name and address are reasonably known, and file proof of mailing (RCW 11.28.237(1)) |
| Creditor claims | If the personal representative gives notice to creditors, the notice is filed with the court and published once each week for three successive weeks in a legal newspaper in the county where the estate is being administered (RCW 11.40.020(1)); where the probate was filed outside the county of the decedent's residence, publication is in the county of residence (RCW 11.40.020(2)). Claims are then barred unless presented within four months after first publication for a creditor who was not reasonably ascertainable or who received actual notice (a creditor given actual notice has the later of 30 days after that notice and four months after first publication), and within 24 months after the date of death for a reasonably ascertainable creditor who was not given actual notice, or where no notice was given at all (RCW 11.40.051). The bar reaches both probate and nonprobate assets |
| Inventory | Within three months after appointment, unless the court grants longer, the personal representative must make and verify by affidavit a true inventory and appraisement of the estate property, with fair net value as of the date of death (RCW 11.44.015(1)). The inventory need not be filed in the probate cause, but on written request from an heir, legatee, devisee, a creditor who has filed a claim, a nonprobate beneficiary from whom contribution is sought, or the Department of Revenue, the personal representative must furnish a copy within ten days (RCW 11.44.015(2)) |
| State estate tax | Washington imposes a state estate tax under chapter 83.100 RCW, administered by the Department of Revenue. The exclusion is $3,000,000 for deaths on or after July 1, 2026 (RCW 83.100.020(1)(a)), and a Washington return must be filed if the gross estate equals or exceeds the applicable exclusion amount, even if no tax is due (RCW 83.100.050(1)), except that no return is required where a qualifying family residence passing to the surviving spouse or state registered domestic partner takes the rest of the gross estate below the threshold (RCW 83.100.050(7)). The return and any payment are due nine months after the date of death. Source: chapter 83.100 RCW and the Washington Department of Revenue, dor.wa.gov, verified July 2026 |
| State inheritance tax | None. Washington has a state estate tax but no inheritance tax, so no Washington tax is based on a beneficiary's relationship to the decedent |
| E-filing | There is no statewide probate e-filing system in Washington. E-filing is county by county and must be confirmed with the county's own clerk. In King County, e-filing is mandatory for attorneys under King County Local General Rule 30, through the Clerk's E-Filing application, with a written waiver process, while non-attorneys are not required to e-file but may. Pierce County uses LINX, the Legal Information Network eXchange, which requires registration (the LINX site notes a subscription is required). Many rural counties are paper at the counter or by mail |
| Case search | Case lookup runs in three layers. dw.courts.wa.gov is the Administrative Office of the Courts public case search across municipal, district, superior, and appellate courts; it is a pointer index whose own notice warns that dockets, judgments, document links, and case status may be inaccurate. Odyssey Portal (odysseyportal.courts.wa.gov/odyportal) is the current superior court case search for 37 counties. King County records are searched through King County's own Superior Court Clerk records system, and Pierce County records through LINX. Probate cases are indexed as superior court civil cases, but document coverage varies |
Before you begin — know the assets and liabilities
Washington probate turns on questions the family should answer before opening a court file: whether there is a will and who will serve, whether the estate holds real property, whether the couple signed a community property agreement, and how large the estate is. The small estate affidavit route is available only where the entire estate subject to probate, wherever located, less liens and encumbrances and not counting the surviving spouse's or domestic partner's community property interest, does not exceed $100,000, and only after 40 days from death, with 10 days' written notice to the other successors first (RCW 11.62.010). That affidavit reaches personal property only. It does not reach real property and it opens no court case, so an estate with Washington real estate to transfer generally needs a probate in the superior court.
Property held with a beneficiary designation, joint accounts, payable-on-death and transfer-on-death arrangements, and property covered by a community property agreement (RCW 26.16.120) all pass outside probate. Before filing anything with the County Clerk, identify every asset and debt and confirm how each asset is titled and valued, because the estate value decides whether the affidavit fits, whether real property is involved, and whether a Washington estate tax return is required: the filing threshold is measured on the gross estate, not the net (RCW 83.100.050(1)). Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles probate
Washington probate runs through the Superior Court, the state's general-jurisdiction trial court, sitting in each of the 39 counties. There is no separate probate court in Washington, no surrogate, and no register of wills; probate under Title 11 of the Revised Code of Washington (RCW Title 11) is one of the case types the superior courts hear, not a standing division. The judicial officer is a superior court judge, and many uncontested probate motions are heard by a court commissioner on the ex parte calendar. The office you actually deal with is the County Clerk, also correctly called the Clerk of the Superior Court: petitions are filed there, the will is lodged there, letters are issued there, and estate records are kept there. Five joint judicial districts share judges, Benton with Franklin, Asotin with Columbia and Garfield, Klickitat with Skamania, Pacific with Wahkiakum, and Ferry with Pend Oreille and Stevens (RCW 2.08.064, RCW 2.08.065), but every county keeps its own clerk and its own filing counter, so you file with the County Clerk of the county you selected, never "in the district." This knowledge base has a separate page for each of the 39 counties, because courthouse locations, hours, local forms, e-filing status, and contacts differ from county to county even though the statewide law and the fee schedule do not.
Venue is the Washington distinctive, and it is unusually broad. Washington law lets the petitioner file a probate in the superior court of any county in the state (RCW 11.96A.050(4)), but in practice you file in the county where the decedent lived: an interested party can move venue there within four months of the notice of appointment, and if the probate is filed outside the county of residence the creditor notice must still be published in the county of residence (RCW 11.40.020(2)). There is one statutory carve-out to the any-county rule. A petitioner who seeks appointment under RCW 11.28.120(3), the route for a person not otherwise entitled and available only after 90 days, must file where the decedent resided at death, or, for a nonresident decedent, in a county where any part of the probate estate might be; that carve-out was added by EHB 2445, 2026 c 204, effective June 11, 2026. Once letters have been granted, all later proceedings in the estate stay in that county (RCW 11.96A.050(5)).
The probate process
- Identify and value all assets and debts, and confirm how each asset is titled. Determine whether the estate holds real property, whether a community property agreement (RCW 26.16.120) already vests the community estate in the survivor, and who the heirs, legatees, and devisees are, because that decides which path fits and whether the small estate affidavit is available.
- Choose the path. The small estate affidavit (RCW 11.62.010) transfers personal property with no court case where the estate subject to probate is $100,000 or less, 40 days have passed since death, and the other successors received 10 days' written notice. With a will, the petitioner applies for probate of the will and letters testamentary (RCW 11.20.020). With no will, the applicant petitions for letters of administration in the priority order of RCW 11.28.120(1). Where no personal representative has been appointed and one beneficiary or trustee received substantially all the assets, a notice agent may instead settle the estate by nonprobate notice to creditors (chapter 11.42 RCW).
- Confirm venue and gather the papers. You may file in any county (RCW 11.96A.050(4)), but file where the decedent lived unless there is a reason not to; an appointment sought under RCW 11.28.120(3) must be filed in the county of residence. Washington publishes no statewide probate form set, so the petition, the order, and the letters are drafted by the filer or the attorney. The near-universal statewide exception is the Case Information Cover Sheet required with a new superior court case; many counties also publish their own local cover sheets and ex parte or probate calendar notes.
- Draft the petition to the statute. An application for letters of administration must set out the jurisdictional facts, that the decedent died without a will and the basis for that knowledge, the names, ages, and addresses of the heirs and the details of your reasonable search for them, and a general description of the major probate assets including real property, motor vehicles, and any known property estimated in good faith to exceed $10,000, with the details of your reasonable search for those assets (RCW 11.28.110, as amended by EHB 2445, 2026 c 204, effective June 11, 2026). A surviving spouse, state registered domestic partner, or next-of-kin applicant need not describe the assets but must still describe the search (RCW 11.28.110(3)).
- File with the County Clerk and pay the fee. Lodge the original will with the clerk and file the petition. $290 to open a probate, set by statute and the same in every county: a $200 filing fee plus a $40 surcharge and a $50 surcharge (RCW 36.18.020(2)(f), (5)(c), (6)); fee waivers are available for filers who cannot afford the fee (GR 34). Confirm the current schedule with the County Clerk in the county where you file. There is no statewide probate e-filing system, so confirm the county's status: King County requires attorneys to e-file under Local General Rule 30 while non-attorneys may, Pierce County uses LINX, and many rural counties are paper at the counter or by mail. The small estate affidavit (RCW 11.62.010) opens no court case; it is presented directly to whoever holds the property.
- Ask for nonintervention powers if the estate qualifies. A personal representative may petition for nonintervention powers, with or without a will, and the court must grant them if it finds the estate solvent and the petitioner qualifies (RCW 11.68.011). Once granted, you administer and close the estate without further court supervision. A will may direct that the powers not be granted, and a person appointed under RCW 11.28.120(3) is ineligible for them.
- Receive the letters. The court enters an order admitting the will and appointing the personal representative, or appointing an administrator where there is no will, and the clerk issues letters testamentary or letters of administration, your proof of authority to access accounts and act for the estate. A certificate of qualification or a certified copy of the letters is $5 (RCW 36.18.016(9)); order several copies, because banks and title companies keep them.
- Mail the notice of appointment. Within 20 days after appointment, mail or personally serve written notice of the appointment and the pendency of the probate on each heir, legatee, and devisee, and on each beneficiary or transferee of a nonprobate asset whose name and address are reasonably known, then file proof of mailing with the court (RCW 11.28.237(1)). The four-month change-of-venue clock runs from this mailing (RCW 11.96A.050(4)(a)).
- Give notice to creditors if you choose to. File the notice with the court and publish it once each week for three successive weeks in a legal newspaper in the county where the estate is being administered, or in the county of the decedent's residence if the probate was filed elsewhere (RCW 11.40.020). Claims are then barred unless presented within four months after first publication for a creditor who was not reasonably ascertainable or who received actual notice (a creditor given actual notice has the later of 30 days after that notice and four months after first publication), and within 24 months after death for a reasonably ascertainable creditor who was not given actual notice, or where no notice was given at all (RCW 11.40.051).
- Inventory the estate. Within three months after appointment, unless the court grants longer, make and verify by affidavit a true inventory and appraisement of the estate property, with the fair net value of each item as of the date of death (RCW 11.44.015(1)). You need not file it in the probate cause, but you must furnish a copy within ten days of a written request from an heir, legatee, devisee, a creditor who has filed a claim, a nonprobate beneficiary from whom contribution is sought, or the Department of Revenue (RCW 11.44.015(2)).
- Handle the taxes. Washington has a state estate tax but no inheritance tax. A Washington estate tax return is required if the gross estate equals or exceeds the applicable exclusion amount, $3,000,000 for deaths on or after July 1, 2026, and the Department of Revenue requires the filing even if no tax is due (RCW 83.100.020(1)(a), RCW 83.100.050(1)); the one statutory exception is the spousal personal residence exclusion, under which no return is required where a qualifying family residence passing to the surviving spouse or state registered domestic partner takes the rest of the gross estate below the threshold (RCW 83.100.050(7), for deaths on or after January 1, 2025). The return and any payment are due nine months after the date of death, with a six-month extension available to file but not to pay. A federal estate tax return is required only for estates above the federal exemption, $15 million per individual for deaths in 2026.
- Distribute and close. Pay valid claims and taxes, distribute the remaining assets to the heirs, legatees, or devisees, and close the estate. A personal representative with nonintervention powers who does not seek a final decree under RCW 11.68.100 closes by filing a declaration of completion of probate, mailing a copy to each party entitled to notice within five days; if no party petitions the court within 30 days, the filing is the legal equivalent of a decree of distribution and discharges the personal representative (RCW 11.68.110). A supervised estate closes by decree of distribution under chapter 11.76 RCW.
Types of probate
Washington's probate paths are statewide, set by Title 11 of the Revised Code of Washington (RCW Title 11), and are the same in every county's superior court. Which one fits turns on whether there is a will, whether the estate is solvent, the size and makeup of the estate, and whether the estate holds real property. Two of the paths open no probate at all: the small estate affidavit is a non-court process for personal property, and a community property agreement vests the community estate in the surviving spouse or domestic partner by contract. The Washington headline is nonintervention powers, which turn an opened probate into an unsupervised administration.
| Path | When used | How it closes | Statute |
|---|---|---|---|
| Probate of a will with letters testamentary | The common path where there is a will. The petitioner applies for probate of the will and for letters testamentary. The court may hear the proofs immediately and enter an order establishing the will. | By an order establishing the will and appointing the personal representative, after which the clerk issues letters testamentary | RCW 11.20.020 |
| Letters of administration (no will) | Where the decedent died without a will. The applicant petitions in the priority order of RCW 11.28.120(1): surviving spouse or state registered domestic partner (or that person's nominee), then next of kin (children, then parents, then siblings, then grandchildren, then nieces and nephews), then a trustee, guardian, conservator, or attorney-in-fact who controlled substantially all the assets, then beneficiaries or transferees, then certain state agencies, then principal creditors. The petition must meet the RCW 11.28.110 contents requirements. | By an order appointing the administrator, after which the clerk issues letters of administration | RCW 11.28.110; RCW 11.28.120(1) |
| Appointment of a person not otherwise entitled | If no one entitled petitions within 90 days after death, the court may appoint any suitable person. Unless the appointee is a trust company or other entity qualified to act as fiduciary under RCW 11.36.010(2) or (3), that appointee is ineligible for nonintervention powers and is limited to two petitions for appointment under this route per year, and the petition must be filed in the county where the decedent resided at death, or, for a nonresident decedent, in a county where any part of the probate estate might be (a venue carve-out added effective June 11, 2026). | By an order appointing the person, with letters of administration issued, and administration remaining under court supervision | RCW 11.28.120(3); RCW 11.96A.050(4) |
| Nonintervention powers (unsupervised administration) | The Washington norm. A personal representative may petition for nonintervention powers, with or without a will, and the court must grant them if it finds the estate solvent and the petitioner is the will-named personal representative, or a surviving spouse or domestic partner in an all-community-property intestate estate with no outside issue, or a non-creditor whose administration with those powers is in the beneficiaries' and creditors' best interests. A will may direct that the powers not be granted, and an RCW 11.28.120(3) appointee cannot receive them. | The personal representative administers and closes without further court supervision, by a declaration of completion of probate under RCW 11.68.110 or a final decree under RCW 11.68.100 | RCW 11.68.011 |
| Small estate affidavit | Available at any time after 40 days from death where the entire estate subject to probate, wherever located, less liens and encumbrances and not counting the surviving spouse's or domestic partner's community property interest, does not exceed $100,000, no personal representative application is pending or has been granted in any jurisdiction, debts including funeral and burial expenses are paid or provided for, and the claiming successor gave written notice to all other successors at least 10 days earlier. It reaches personal property only, not real property. | The claiming successor presents the affidavit with proof of death to whoever holds the property or owes the debt; a securities transfer agent must retransfer registered ownership and a titling agency must issue a new certificate on the same affidavit. No court case is opened | RCW 11.62.010 |
| Community property agreement | A written agreement between spouses or state registered domestic partners, acknowledged like a deed, that can vest the whole community estate in the survivor at death without probate. It does not defeat creditors and can be set aside for fraud. | The community estate vests in the survivor by the agreement itself; no probate is opened, though a certified copy is commonly recorded where real property is involved | RCW 26.16.120 |
| Nonprobate notice to creditors | Where no personal representative has been appointed in Washington and a beneficiary or trustee received, or is entitled to receive, substantially all of the decedent's probate and nonprobate assets, that person may act as a notice agent and settle the estate by nonprobate notice to creditors instead of opening a probate. | The notice agent pays a filing fee to the clerk of the superior court in the notice county, receives a cause number, files a declaration and oath, and then runs the creditor-claim process; county fee schedules charge the same $290 as opening a probate (RCW 36.18.020) | Chapter 11.42 RCW; RCW 11.42.010(3)(a) |
| Adjudication of intestacy and heirship without letters | A narrow alternative where no personal representative is needed. The application follows the same RCW 11.28.110 contents requirements but does not request appointment of a personal representative. | The court enters an adjudication of intestacy and heirship, and no further administration is required except as set out in RCW 11.28.330 or RCW 11.28.340 | RCW 11.28.110(1), (4) |
Executor duties
Personal representative duties in Washington
Personal representative is Washington's statutory term (RCW Title 11), specified informally as the executor when named in a will and the administrator when appointed where there is no will. The court issues letters testamentary or letters of administration, the personal representative's proof of authority to access accounts and act for the estate. These duties apply to an opened probate. The small estate affidavit (RCW 11.62.010) and a community property agreement (RCW 26.16.120) involve no appointed personal representative, and a nonintervention personal representative carries the same statutory duties without ongoing court supervision.
| Duty | Source | Timing |
|---|---|---|
| Petition for probate of the will and letters testamentary, or for letters of administration in the statutory priority order, and receive the letters | RCW 11.20.020; RCW 11.28.110; RCW 11.28.120(1) | At the opening of administration |
| Petition for nonintervention powers where the estate is solvent and the petitioner qualifies | RCW 11.68.011 | At or soon after appointment |
| Mail or personally serve written notice of the appointment and pendency of the probate on each heir, legatee, devisee, and known nonprobate beneficiary, and file proof of mailing | RCW 11.28.237(1) | Within 20 days after appointment |
| File the notice to creditors with the court and publish it once each week for three successive weeks in a legal newspaper in the county, or in the county of residence where the probate was filed elsewhere | RCW 11.40.020 | After appointment, if notice to creditors is given |
| Honor the claim bar: four months after first publication for a creditor not reasonably ascertainable or given actual notice, and 24 months after death for a reasonably ascertainable creditor not given actual notice or where no notice was given | RCW 11.40.051 | Four months from first publication; 24 months from death |
| Make and verify by affidavit a true inventory and appraisement, with fair net value as of the date of death, and furnish a copy within ten days of a written request | RCW 11.44.015 | Within three months after appointment |
| File a Washington estate tax return if the gross estate equals or exceeds the applicable exclusion amount (unless the RCW 83.100.050(7) spousal personal residence exclusion waives the return), and pay any tax due | RCW 83.100.050(1); Washington Department of Revenue | Nine months after the date of death |
| Pay valid claims and taxes, distribute to the heirs, legatees, or devisees, and close the estate by declaration of completion or final decree | RCW 11.68.110; RCW 11.68.100; chapter 11.76 RCW | At the close of administration |
Forms and documents
Probate forms in Washington
Washington has no comprehensive statewide probate form set. The Washington Courts Court Forms index at courts.wa.gov/forms publishes statewide forms for family law, guardianship and conservatorship, criminal, behavioral health, juvenile, financial, protection order, and access-to-court matters, among others, and it has no probate category. Washington probate pleadings, the petition, the order, and the letters, are drafted by the filer or the attorney to the superior court's requirements.
There are two practical exceptions and one important workaround. The near-universal statewide exception is the Case Information Cover Sheet required with a new superior court case, published under Case Information Cover Sheets on the Court Forms index; in King County the e-filing portal generates it automatically. The fee-waiver forms under GR 34 are also statewide, published under Waive Civil Filing Fees (GR 34). For self-help packets, WashingtonLawHelp, published by the Northwest Justice Project, is Washington's main plain-language source and includes a small estate guide and a Small Estate Affidavit packet. Many counties publish their own local cover sheets, ex parte or probate calendar notes, and occasionally a local small estate affidavit, so check the County Clerk's own forms page for the county where you file.
| Form | What it is | When used |
|---|---|---|
| Case Information Cover Sheet | The statewide cover sheet required with a new superior court case, published under Case Information Cover Sheets on the Washington Courts Court Forms index | Filed with the County Clerk alongside the petition that opens the probate; auto-generated by the King County e-filing portal |
| Petition for probate of will and letters testamentary | The petition that asks the court to establish the will and appoint the personal representative (RCW 11.20.020). There is no statewide form; it is drafted by the filer or the attorney | Filed with the County Clerk, with the original will lodged, to open a probate where there is a will |
| Petition for letters of administration | The petition that opens an intestate probate. It must set out the jurisdictional facts, that the decedent died without a will and the basis for that knowledge, the heirs and the reasonable search for them, and a general description of the major probate assets with the search for them (RCW 11.28.110). There is no statewide form | Filed with the County Clerk to open a probate where there is no will |
| Petition for nonintervention powers | The petition asking the court to grant nonintervention powers so the estate can be administered without further court supervision (RCW 11.68.011). Drafted by the filer or the attorney; some counties publish a local ex parte form | Filed at or soon after appointment where the estate is solvent and the petitioner qualifies |
| Small estate affidavit | The sworn affidavit that collects a small estate's personal property with no court case (RCW 11.62.010). WashingtonLawHelp publishes a Small Estate Affidavit packet, and a few counties publish a local version | Presented to whoever holds the property, 40 days after death, for an estate subject to probate of $100,000 or less with no real property to transfer and after 10 days' notice to the other successors |
| Notice of appointment and pendency of probate, with proof of mailing | The written notice mailed or served on each heir, legatee, devisee, and known nonprobate beneficiary, plus the declaration of mailing filed with the court (RCW 11.28.237(1)) | Within 20 days after appointment |
| Declaration of completion of probate | The declaration a nonintervention personal representative files to close the estate, stating that claims and taxes are paid or provided for, that administration is complete, and the fees paid or to be paid (RCW 11.68.110) | At the close of an unsupervised administration, with a copy mailed to each party entitled to notice within five days |
| Fee waiver forms under GR 34 | The statewide forms for waiving court and clerk's fees and charges in civil matters on the basis of indigency, published under Waive Civil Filing Fees (GR 34) on the Court Forms index | Filed with the petition where the filer cannot afford the $290 filing fee |
Fees
Washington probate fees are set by statute and are the same in every county; there is no per-county probate filing-fee schedule for the core filing. Opening a probate costs $290: a $200 fee in probate proceedings at the time of filing the first document (RCW 36.18.020(2)(f)), plus a $40 surcharge (RCW 36.18.020(5)(c)), plus a $50 surcharge (RCW 36.18.020(6)). The $50 surcharge was added by 2025 c 357 (HB 1207, "Concerning superior court clerk fees"), effective July 27, 2025, which is why older sources show a lower total. Fee waivers are available for filers who cannot afford the fee (GR 34). Every figure below comes from RCW 36.18.020 and RCW 36.18.016, verified July 2026.
| Item | Amount |
|---|---|
| Open a probate (first document filed) | $290 total: a $200 filing fee (RCW 36.18.020(2)(f)), a $40 surcharge (RCW 36.18.020(5)(c)), and a $50 surcharge (RCW 36.18.020(6)) |
| Petition to contest a will admitted to probate, to admit a rejected will, or to object to a written agreement or memorandum | $290 total: a $200 fee (RCW 36.18.020(2)(g)) plus the same two surcharges |
| Nonprobate notice to creditors where no probate is filed in the state | The notice agent pays a filing fee to the clerk and receives a cause number (RCW 11.42.010(3)(a)); county schedules charge the same $290 as opening a probate (RCW 36.18.020) |
| Certificate of qualification, or a certified copy of letters of administration, letters testamentary, or letters of guardianship | $5 (RCW 36.18.016(9)). Some county schedules nickname this line "Form K" |
| Executing a certificate, with or without a seal | $2 (RCW 36.18.016(5)). Some county schedules also label that line with the same nickname, so ask for the item by function rather than by the letter |
| Certified copy of a document on file | $5 for the first page plus $1 for each additional page (RCW 36.18.016(4)(a)) |
| Copy without a seal | 50 cents per page (RCW 36.18.016(4)(c)) |
| Fee waiver | Available for filers who cannot afford the fee, under GR 34, "Waiver of Court and Clerk's Fees and Charges in Civil Matters on the Basis of Indigency" |
The $290 core and the RCW 36.18.016 copy and certificate fees are statutory and uniform statewide; the counties charge the same amounts. Local add-ons are not uniform: counties may charge for copies, records research, and returned payments, and a few publish extra probate-adjacent line items, such as a small charge to file a small estate affidavit or to file a will after death where no probate is contemplated. Confirm the current schedule with the County Clerk in the county where you file. The small estate affidavit (RCW 11.62.010) opens no court case, so it carries no court filing fee unless the county publishes one. Verified July 2026.
Timeline
- Small-estate wait: the affidavit is available at any time after 40 days from death, and only where the estate subject to probate, less liens and encumbrances, does not exceed $100,000; the claiming successor must give the other successors written notice at least 10 days before presenting it (RCW 11.62.010).
- Notice of appointment: within 20 days after appointment, the personal representative mails or serves written notice of the appointment and the pendency of the probate on each heir, legatee, devisee, and known nonprobate beneficiary, and files proof of mailing (RCW 11.28.237(1)).
- Inventory: within three months after appointment, unless the court grants longer, the personal representative makes and verifies a true inventory and appraisement valued as of the date of death, and furnishes a copy within ten days of a written request (RCW 11.44.015).
- Creditor claims: the notice to creditors is published once each week for three successive weeks (RCW 11.40.020(1)). Claims are barred four months after first publication for a creditor who was not reasonably ascertainable or who received actual notice (a creditor given actual notice has the later of 30 days after that notice and four months after first publication), and 24 months after the date of death for a reasonably ascertainable creditor who was not given actual notice, or where no notice was given at all (RCW 11.40.051).
- Change of venue: a party may ask to move venue to the county of the decedent's residence within four months of the mailing of the notice of appointment, and except for good cause the court must move it (RCW 11.96A.050(4)(a)).
- The 90-day route: if no one entitled to letters petitions within 90 days after death, the court may appoint any suitable person, who is ineligible for nonintervention powers (RCW 11.28.120(3)).
- Washington estate tax return: due nine months after the date of death, along with any payment, where the gross estate equals or exceeds the applicable exclusion amount (RCW 83.100.050(1)). A six-month extension of time to file is available; it does not extend the time to pay, and interest accrues daily on unpaid tax.
- Federal estate-tax return: due nine months after death only for estates above the federal exemption, $15 million per individual for deaths in 2026.
- Closing an unsupervised estate: a nonintervention personal representative files a declaration of completion of probate and mails a copy to each party entitled to notice within five days; if no party petitions the court within 30 days, the filing is the legal equivalent of a decree of distribution and discharges the personal representative (RCW 11.68.110).
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
Probate runs through the Superior Court and the County Clerk. There is no separate probate court in Washington. Probate is handled by the Superior Court, the state's general-jurisdiction trial court, sitting in each of the 39 counties, as one of the case types it hears under Title 11 of the Revised Code of Washington. The judicial officer is a superior court judge, and many uncontested probate motions are heard by a court commissioner on the ex parte calendar. The filing office is the County Clerk, the Clerk of the Superior Court, where petitions are filed, the will is lodged, letters are issued, and estate records are kept. Five joint judicial districts share judges (RCW 2.08.064, RCW 2.08.065), but every county keeps its own clerk and its own filing counter.
Venue is unusually broad, and the practical answer is different from the rule. Washington law lets the petitioner file a probate in the superior court of any county in the state (RCW 11.96A.050(4)), but in practice you file in the county where the decedent lived: an interested party can move venue there within four months of the notice of appointment, and if the probate is filed outside the county of residence the creditor notice must still be published in the county of residence (RCW 11.40.020(2)). A petitioner seeking appointment under RCW 11.28.120(3) must file in the county of residence, or, for a nonresident decedent, where estate property might be, a carve-out added by EHB 2445, 2026 c 204, effective June 11, 2026. Once letters have been granted, later proceedings stay in that county (RCW 11.96A.050(5)).
Nonintervention powers are the Washington headline. Most Washington probates are unsupervised. A personal representative may petition for nonintervention powers, whether the decedent died with or without a will, and the court must grant them if it finds the estate solvent and the petitioner is the will-named personal representative, or a surviving spouse or state registered domestic partner in an all-community-property intestate estate with no outside issue, or a non-creditor whose administration with those powers is in the beneficiaries' and creditors' best interests (RCW 11.68.011). The statute spells the term nonintervention as one word. Two exceptions: a will may direct that the powers not be granted, and a person appointed under RCW 11.28.120(3) is ineligible unless the appointee is a trust company or other entity qualified under RCW 11.36.010(2) or (3).
Community property and community property agreements shape what needs probate. Washington is a community property state, and a written community property agreement between spouses or state registered domestic partners, acknowledged like a deed, can vest the whole community estate in the survivor at death without any probate (RCW 26.16.120). It does not defeat creditors and can be set aside for fraud. The surviving spouse's or domestic partner's community property interest is also excluded when measuring the $100,000 small estate affidavit ceiling (RCW 11.62.010), which is why confirming how property is characterized often decides the path.
The small estate affidavit reaches personal property only. At any time after 40 days from death, a claiming successor may collect the decedent's personal property by affidavit where the entire estate subject to probate, wherever located, less liens and encumbrances and not counting the surviving spouse's or domestic partner's community property interest, does not exceed $100,000, no personal representative application is pending or has been granted, debts including funeral and burial expenses are paid or provided for, and the successor gave the other successors written notice at least 10 days earlier (RCW 11.62.010). A securities transfer agent must retransfer registered ownership and a titling agency must issue a new certificate on the same affidavit. The route does not reach real property and opens no court case.
Creditor claims: a four-month bar with a 24-month backstop. Giving notice to creditors is optional, but it is what shortens the exposure. The notice is filed with the court and published once each week for three successive weeks in a legal newspaper in the county where the estate is being administered, or in the county of the decedent's residence if the probate was filed elsewhere (RCW 11.40.020). Claims are then barred unless presented within four months after first publication for a creditor who was not reasonably ascertainable or who received actual notice (a creditor given actual notice has the later of 30 days after that notice and four months after first publication), and within 24 months after the date of death for a reasonably ascertainable creditor who was not given actual notice, or where no notice was given at all (RCW 11.40.051). The bar reaches both probate and nonprobate assets.
The inventory is a duty, not always a filing. Within three months after appointment, unless the court grants longer, the personal representative must make and verify by affidavit a true inventory and appraisement of all estate property passing under the will or by the laws of intestacy, stating encumbrances and liens and the fair net value of each item as of the date of death (RCW 11.44.015(1)). The inventory may but need not be filed in the probate cause. On written request from an heir, legatee, devisee, a creditor who has filed a claim, a nonprobate beneficiary from whom contribution is sought, or the Department of Revenue, the personal representative must furnish a copy within ten days (RCW 11.44.015(2)).
Washington has a state estate tax, and the exclusion depends on the date of death. Washington imposes a stand-alone state estate tax under chapter 83.100 RCW, administered by the Department of Revenue. The exclusion amount is set by date of death, so always match the figure to the date. Source: chapter 83.100 RCW and the Washington Department of Revenue, dor.wa.gov, verified July 2026.
| Date of death | Washington exclusion amount | Source |
|---|---|---|
| On or after July 1, 2026 (the current figure) | $3,000,000 | RCW 83.100.020(1)(a)(x) |
| January 1, 2026 to June 30, 2026 | $3,076,000 | RCW 83.100.020(1)(a)(ix) |
| July 1, 2025 to December 31, 2025 | $3,000,000 | RCW 83.100.020(1)(a)(viii) |
| Before July 1, 2025 | A lower exclusion applied, see the Department of Revenue estate tax tables | RCW 83.100.020(1)(a); dor.wa.gov |
| Washington estate tax | Current rule |
|---|---|
| Tax and administrator | A stand-alone state estate tax under chapter 83.100 RCW, administered by the Washington Department of Revenue |
| Rates, deaths on or after July 1, 2026 | Graduated from 10 percent to 20 percent of the Washington taxable estate, with the top bracket applying above $9,000,000 (RCW 83.100.040(2)(a)(iii)) |
| Rates, deaths from July 1, 2025 through June 30, 2026 | A graduated 10 percent to 35 percent table applied to that window only, and does not apply to a death today (RCW 83.100.040(2)(a)(ii)) |
| When a return is required | A Washington return must be filed if the gross estate equals or exceeds the applicable exclusion amount (RCW 83.100.050(1)), and the Department of Revenue requires the filing even if no tax is due. The one statutory exception is the spousal personal residence exclusion: for deaths on or after January 1, 2025, no return is required where a qualifying family residence passing to the surviving spouse or state registered domestic partner takes the rest of the gross estate below the threshold (RCW 83.100.050(7)). Below the threshold, no return is filed and no tax is owed. The test is the gross estate, not the net |
| Due date | The return and any payment are due nine months after the date of death (Department of Revenue, dor.wa.gov) |
| Extension | A six-month extension of time to file is available. It does not extend the time to pay, and interest accrues daily on unpaid tax (Department of Revenue, dor.wa.gov) |
| Future indexing | The Department of Revenue states that the $3,000,000 amount is not set to increase going forward due to an expired consumer price index in the statute, so do not assume a higher figure for a later death |
| Inheritance tax | None. Washington has a state estate tax but no inheritance tax, so no Washington tax turns on a beneficiary's relationship to the decedent |
| Federal estate tax | A separate tax that applies only above the federal exemption, $15 million per individual for deaths in 2026 under the One Big Beautiful Bill Act (signed July 4, 2025, and indexed annually) |
The filing fee is statutory and uniform at $290. Opening a probate costs $290 in every county: a $200 fee in probate proceedings at the time of filing the first document (RCW 36.18.020(2)(f)), plus a $40 surcharge (RCW 36.18.020(5)(c)), plus a $50 surcharge (RCW 36.18.020(6)). The $50 surcharge was added by 2025 c 357 (HB 1207), effective July 27, 2025, so older sources show a lower total. A certificate of qualification or a certified copy of the letters is $5 (RCW 36.18.016(9)), and a filer who cannot afford the fee may seek a waiver under GR 34. Local add-ons for copies, records research, and a few probate-adjacent filings vary by county.
No statewide probate forms and no statewide probate e-filing. The Washington Courts Court Forms index publishes no probate category, so probate pleadings are drafted by the filer or the attorney; the statewide exceptions in practice are the Case Information Cover Sheet and the GR 34 fee-waiver forms, and WashingtonLawHelp publishes the self-help packets. E-filing is county by county and must be confirmed with the county's own clerk: King County requires attorneys to e-file under Local General Rule 30 while non-attorneys may, Pierce County uses LINX which requires registration (a subscription is required), other large counties run their own systems, and many rural counties are paper at the counter or by mail.
Case search runs in three layers. dw.courts.wa.gov is the Administrative Office of the Courts public case search across municipal, district, superior, and appellate courts, and its own notice warns that dockets, judgments, document links, and case status may be inaccurate, directing users to the court of record or to Odyssey Portal, re:Search, or JIS Link. Odyssey Portal (odysseyportal.courts.wa.gov/odyportal) is the current superior court case search for 37 counties. King County records are searched through King County's own Superior Court Clerk records system, and Pierce County records through LINX. Probate cases are indexed as superior court civil cases, but document images and coverage vary, so do not count on document access.
The 2026 intestate petition changes are new. EHB 2445, 2026 c 204, effective June 11, 2026, rewrote what an application for letters of administration must contain. It must now set out the jurisdictional facts, that the decedent died without a will and the basis for that knowledge, the names, ages, and addresses of the heirs and the details of the applicant's reasonable search for them, and a general description of the major probate assets including real property, motor vehicles, and any known property estimated in good faith to exceed $10,000, with the details of the applicant's reasonable search for those assets (RCW 11.28.110). A surviving spouse, state registered domestic partner, or next-of-kin applicant need not describe the assets but must still describe the search. The same act added the RCW 11.28.120(3) venue carve-out.
Small-estate alternatives
Washington has one dollar-capped non-court route for personal property, plus three ways an estate can pass or be settled without opening a probate at all. Which fits turns on whether the estate holds real property, whether the couple signed a community property agreement, and whether a single beneficiary or trustee received substantially all the assets.
| Path | How it qualifies | How it closes |
|---|---|---|
| Small estate affidavit (RCW 11.62.010) | At any time after 40 days from death, where the entire estate subject to probate, wherever located, less liens and encumbrances and not counting the surviving spouse's or domestic partner's community property interest, does not exceed $100,000; no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction; all debts including funeral and burial expenses are paid or provided for; and the claiming successor gave written notice to all other successors at least 10 days earlier. It reaches personal property only | The claiming successor presents the affidavit with proof of death to whoever holds the property or owes the debt. A securities transfer agent must retransfer registered ownership, and a titling agency must issue a new certificate, on the same affidavit. No court case is opened |
| Community property agreement (RCW 26.16.120) | A written agreement between spouses or state registered domestic partners, acknowledged like a deed, covering the status and disposition of their community property at death. It does not defeat creditors and can be set aside for fraud | The whole community estate vests in the survivor under the agreement, with no probate opened; a certified copy is commonly recorded where real property is involved |
| Nonprobate assets | Assets that pass by their own terms: beneficiary designations on life insurance and retirement accounts, joint accounts, and payable-on-death and transfer-on-death arrangements. No dollar ceiling applies | The institution pays or transfers to the named beneficiary or surviving owner on proof of death; these assets are still reachable by the creditor claim bar (RCW 11.40.051) |
| Nonprobate notice to creditors (chapter 11.42 RCW) | Available where no personal representative has been appointed in Washington and a beneficiary or trustee received, or is entitled to receive, substantially all of the decedent's probate and nonprobate assets. Where no one person received substantially all of them, the persons who together did may appoint a notice agent by agreement | The notice agent pays a filing fee to the clerk of the superior court in the notice county, receives a cause number, files a declaration and oath, and runs the creditor-claim process, all without opening a probate (RCW 11.42.010(3)(a)) |
An estate that holds Washington real property to transfer, or that exceeds the $100,000 affidavit ceiling (RCW 11.62.010), generally needs a probate in the superior court: probate of the will with letters testamentary (RCW 11.20.020), or letters of administration in the priority order of RCW 11.28.120(1). In most of those cases the personal representative then petitions for nonintervention powers and administers the estate without further court supervision (RCW 11.68.011).
Recent updates
| Date | Change | Source |
|---|---|---|
| July 27, 2025 | A new $50 surcharge on superior court filing fees took effect, raising the probate filing fee to $290: a $200 fee in probate proceedings (RCW 36.18.020(2)(f)), a $40 surcharge (RCW 36.18.020(5)(c)), and the new $50 surcharge (RCW 36.18.020(6)). Sources published before this change show a lower total. | 2025 c 357 (HB 1207, "Concerning superior court clerk fees"), signed May 19, 2025; RCW 36.18.020 |
| July 1, 2025 | SB 5813 raised the Washington estate tax exclusion to $3,000,000 for deaths on or after July 1, 2025 and replaced the rate table with a more progressive graduated schedule of 10 percent to 35 percent for deaths in the window that ran through June 30, 2026. The act applies to estates of decedents dying on or after July 1, 2025. | 2025 c 421 (SB 5813), signed May 20, 2025; RCW 83.100.020, RCW 83.100.040 |
| June 11, 2026 | ESB 6347, "Undoing certain changes to the estate tax," fixed the exclusion at $3,076,000 for deaths from January 1, 2026 through June 30, 2026 and at $3,000,000 for deaths on or after July 1, 2026, and returned the graduated rate table to 10 percent to 20 percent for deaths on or after July 1, 2026. The Department of Revenue states the $3,000,000 amount is not set to increase going forward due to an expired consumer price index in the statute. | 2026 c 209 (ESB 6347), signed March 24, 2026; RCW 83.100.020(1)(a), RCW 83.100.040(2)(a)(iii); dor.wa.gov |
| June 11, 2026 | EHB 2445 rewrote what an application for letters of administration must contain: the jurisdictional facts, that the decedent died without a will and the basis for that knowledge, the names, ages, and addresses of the heirs with the details of the applicant's reasonable search for them, and a general description of the major probate assets including real property, motor vehicles, and any known property estimated in good faith to exceed $10,000, with the details of the search for those assets (RCW 11.28.110). The same act added a venue carve-out: a petitioner seeking appointment under RCW 11.28.120(3) must file in the county where the decedent resided at death, or, for a nonresident decedent, where estate property might be. | 2026 c 204 (EHB 2445), signed March 24, 2026; RCW 11.28.110, RCW 11.96A.050(4) |
| Deaths in 2026 | The federal estate tax exemption is $15 million per individual for deaths in 2026 under the One Big Beautiful Bill Act (signed July 4, 2025, and indexed annually). This is separate from the Washington estate tax, which has its own lower exclusion. | One Big Beautiful Bill Act (2025) |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Washington | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | Start with the community property agreement question: a valid agreement between spouses or state registered domestic partners can vest the whole community estate in the survivor with no probate at all (RCW 26.16.120). Without one, a home held with a right of survivorship passes outside probate, and beneficiary-designated and payable-on-death accounts do the same. Solely held personal property may still need collecting: if the estate subject to probate is $100,000 or less, the small estate affidavit can reach it 40 days after death, and the survivor's community property interest is excluded from that measurement (RCW 11.62.010). If a solely held home must pass, the spouse opens a probate and petitions for nonintervention powers (RCW 11.68.011). Washington has a state estate tax but no inheritance tax; a return is generally required if the gross estate reaches the exclusion, $3,000,000 for deaths on or after July 1, 2026 (RCW 83.100.050(1)), but no return is required where a qualifying family residence passing to the surviving spouse takes the rest of the gross estate below the threshold (RCW 83.100.050(7)). | Asset discovery to confirm what is community versus separate, what is jointly held, and whether the estate fits the $100,000 affidavit ceiling. Packet generation for the affidavit or the petition for probate and nonintervention powers. A gross-estate figure so the family can tell whether a Washington estate tax return is due. |
| Out-of-state adult child, small estate | If the parent left $100,000 or less in personal property subject to probate and no Washington real property to transfer, the child can often use the small estate affidavit 40 days after death, presenting it to whoever holds the property, with no court case and no travel, after giving the other successors 10 days' written notice (RCW 11.62.010). If the estate holds real property or exceeds the ceiling, a probate is opened with the County Clerk. Venue is any county the petitioner selects (RCW 11.96A.050(4)), but file where the parent lived, because an interested party can move venue there within four months and the creditor notice must be published in the county of residence anyway (RCW 11.40.020(2)). Confirm the county's e-filing status before assuming a filing can be done remotely, since there is no statewide probate e-filing. | Asset discovery to confirm the estate fits the $100,000 ceiling and holds no Washington real property. Packet generation for the affidavit or the petition for letters, including the RCW 11.28.110 heir and asset search details a 2026 intestate petition now requires. Coordination when a court filing or local counsel is needed. |
| Parent settling a predeceased child's estate, home must be sold | Because the estate holds real property that must be sold, the small estate affidavit is unavailable for the home (RCW 11.62.010). The parent petitions for letters of administration in the priority order of RCW 11.28.120(1), which places parents after a surviving spouse or domestic partner and children, and petitions for nonintervention powers so the sale and the rest of administration proceed without further court supervision (RCW 11.68.011). Expect the 20-day notice of appointment (RCW 11.28.237(1)), the three-month inventory (RCW 11.44.015), and a decision about publishing notice to creditors to run the four-month bar before closing (RCW 11.40.051). The estate closes by declaration of completion of probate (RCW 11.68.110). | Asset discovery for the child's accounts, policies, and any Washington real property, with the gross-estate figure the Washington estate tax threshold turns on. Packet generation for the petition for letters of administration and nonintervention powers. Referral to a vetted Washington probate attorney when a sale or a contested matter is involved. |
Self-help resources
| Resource | What it offers |
|---|---|
| The county's County Clerk or Superior Court Clerk page | Hours, directions, mailing address, local forms, e-filing status, and the fee schedule for the county where you file; the authoritative page for filing and records in that county's superior court |
| Washington Courts court directory (courts.wa.gov/court_dir) | Per-county superior court and county clerk addresses, phone and fax numbers, and judges; a government source for verifying any county contact line before you rely on it |
| Washington Courts Court Forms (courts.wa.gov/forms) | The statewide forms index. There is no probate category; the pieces that matter for probate are the Case Information Cover Sheets and the Waive Civil Filing Fees (GR 34) sets, both under Accessing the Courts |
| WashingtonLawHelp (washingtonlawhelp.org), published by the Northwest Justice Project | Washington's main plain-language self-help publisher, including the small estate guide and the Small Estate Affidavit packet under life planning and when someone dies. The site blocks default fetchers, so open it in a browser |
| Washington Courts case search (dw.courts.wa.gov) and Odyssey Portal (odysseyportal.courts.wa.gov/odyportal) | dw.courts.wa.gov is a statewide pointer index whose notice warns that dockets and case status may be inaccurate; Odyssey Portal is the current superior court case search for 37 counties. King County and Pierce County records are searched in those counties' own systems |
| Washington Department of Revenue, estate tax (dor.wa.gov/taxes-rates/other-taxes/estate-tax) and the estate tax tables page | The state's own pages on the Washington estate tax: filing thresholds by date of death, the rate tables, the nine-month due date, extensions, and the return forms |
| County law libraries | Public legal-research help and probate guides, for example the King County Law Library's guide on whether to probate and the Clark County Law Library's probate and small estates page. Confirm current hours and service before visiting |
| CLEAR, the Northwest Justice Project intake line, and the Washington State Bar Association lawyer referral | Free civil legal aid intake for eligible low-income Washington residents, and attorney referrals statewide through wsba.org. County and regional bar associations also run referral services; confirm that a program handles probate before relying on it |
When to hire an attorney
A Washington attorney is advisable when the estate is or may become contested, such as a will contest, a petition to admit a rejected will, or a dispute over heirship; when the will is unclear, missing, or defective; when the estate is insolvent, because nonintervention powers require a finding of solvency (RCW 11.68.011); when real property or a business interest must be sold or valued; when the estate is large enough that a Washington estate tax return is due, since the threshold is measured on the gross estate (RCW 83.100.050(1)); when a community property agreement is challenged; or when a petition is filed under RCW 11.28.120(3) and administration will stay supervised. Because Washington publishes no statewide probate form set, the petition, the order, and the letters are drafted rather than filled in, which is why many families use counsel even for an uncontested estate. For an estate that qualifies for the small estate affidavit (RCW 11.62.010), or that passes under a community property agreement (RCW 26.16.120), many Washington families complete the process without an attorney, using the WashingtonLawHelp packets. Sunset can connect families to a vetted Washington probate attorney when the situation requires counsel.
How Sunset helps in Washington
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and Washington public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Washington real estate, vehicles, business interests, and unclaimed property, and flags how each asset is titled and characterized so the family can tell during estate settlement what passes outside probate, whether the estate fits the $100,000 small estate affidavit ceiling (RCW 11.62.010), whether the gross estate reaches the Washington estate tax exclusion of $3,000,000 for deaths on or after July 1, 2026 (RCW 83.100.020), and whether it crosses the federal estate-tax exemption of $15 million per individual for deaths in 2026.
Generate the probate packet. Sunset assembles the packet for the estate settlement path that fits, whether the small estate affidavit, the petition for probate of the will and letters testamentary, or the petition for letters of administration with the heir and major-asset search details RCW 11.28.110 now requires, together with the petition for nonintervention powers and the Case Information Cover Sheet, ready to present to the asset holder or file with the County Clerk in the county where the probate belongs.
Find a local probate attorney. When the situation calls for counsel, such as a contested estate, an insolvent estate, a real-property sale, a Washington estate tax return, or a supervised administration under RCW 11.28.120(3), Sunset connects families to a vetted Washington probate attorney serving the relevant county.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Which court handles probate in Washington?
The Superior Court. There is no separate probate court in Washington; probate runs through the superior court, the state's general-jurisdiction trial court, sitting in each of the 39 counties, as one of the case types it hears under Title 11 of the Revised Code of Washington. The judicial officer is a superior court judge, and many uncontested probate motions are heard by a court commissioner on the ex parte calendar. The office you deal with is the County Clerk, also called the Clerk of the Superior Court, where the petition is filed, the will is lodged, and letters are issued.
Where do I file a probate in Washington?
Washington law lets the petitioner file a probate in the superior court of any county in the state (RCW 11.96A.050(4)), but in practice you file in the county where the decedent lived: an interested party can move venue there within four months of the notice of appointment, and if the probate is filed outside the county of residence the creditor notice must still be published in the county of residence (RCW 11.40.020(2)). One filing is not optional as to venue: a petitioner seeking appointment under RCW 11.28.120(3), the 90-day route for a person not otherwise entitled, must file in the county of residence, or, for a nonresident decedent, where estate property might be (EHB 2445, 2026 c 204, effective June 11, 2026).
How much does it cost to open a probate in Washington?
$290, set by statute and the same in every county: a $200 fee in probate proceedings at the time of filing the first document (RCW 36.18.020(2)(f)), plus a $40 surcharge (RCW 36.18.020(5)(c)), plus a $50 surcharge (RCW 36.18.020(6)). The $50 surcharge was added by 2025 c 357 (HB 1207), effective July 27, 2025, so older sources show a lower total. A certificate of qualification or a certified copy of the letters is $5 (RCW 36.18.016(9)). Fee waivers are available for filers who cannot afford the fee (GR 34). Every figure comes from RCW 36.18.020 and RCW 36.18.016, verified July 2026.
What are nonintervention powers in Washington?
They are Washington's route to an unsupervised probate, and they are the norm. A personal representative may petition for nonintervention powers whether the decedent died with or without a will, and the court must grant them if it finds the estate solvent and the petitioner is the will-named personal representative, or a surviving spouse or state registered domestic partner in an all-community-property intestate estate with no outside issue, or a non-creditor whose administration with those powers serves the beneficiaries and creditors best (RCW 11.68.011). Once granted, you administer and close the estate without further court supervision, usually by filing a declaration of completion of probate (RCW 11.68.110). A will may direct that the powers not be granted, and a person appointed under RCW 11.28.120(3) is ineligible.
What is the small estate limit in Washington?
$100,000. At any time after 40 days from death, a claiming successor may collect the decedent's personal property by affidavit where the entire estate subject to probate, wherever located, less liens and encumbrances and not counting the surviving spouse's or domestic partner's community property interest, does not exceed $100,000, no personal representative application is pending or has been granted, debts including funeral and burial expenses are paid or provided for, and the successor gave the other successors written notice at least 10 days earlier (RCW 11.62.010). The affidavit reaches personal property only, not real property, and opens no court case.
Does Washington have an estate tax or an inheritance tax?
Washington has a state estate tax but no inheritance tax. The estate tax sits in chapter 83.100 RCW and is administered by the Department of Revenue. The exclusion is $3,000,000 for deaths on or after July 1, 2026, and it was $3,076,000 for deaths from January 1, 2026 through June 30, 2026 (RCW 83.100.020(1)(a)); for deaths before July 1, 2025 a lower exclusion applied, so check the Department of Revenue estate tax tables. A Washington return must be filed if the gross estate equals or exceeds the applicable exclusion amount, even if no tax is due (RCW 83.100.050(1)), except that no return is required where a qualifying family residence passing to the surviving spouse or state registered domestic partner takes the rest of the gross estate below the threshold (RCW 83.100.050(7)), and the tax on deaths on or after July 1, 2026 is graduated from 10 percent to 20 percent (RCW 83.100.040(2)(a)(iii)). The return and payment are due nine months after death, with a six-month extension to file but not to pay. Source: chapter 83.100 RCW and the Washington Department of Revenue, dor.wa.gov, verified July 2026.
How long do creditors have to file a claim in Washington?
It depends on the notice. If the personal representative gives notice to creditors, the notice is filed with the court and published once each week for three successive weeks in a legal newspaper in the county (RCW 11.40.020(1)). Claims are then barred unless presented within four months after first publication for a creditor who was not reasonably ascertainable or who received actual notice, and a creditor given actual notice has the later of 30 days after that notice and four months after first publication. A reasonably ascertainable creditor who was not given actual notice has 24 months after the date of death, and where no notice was given at all the outside limit is also 24 months after death (RCW 11.40.051). The bar reaches both probate and nonprobate assets.
Do I have to file an inventory with the court in Washington?
You have to prepare one; you do not always have to file it. Within three months after appointment, unless the court grants longer, the personal representative must make and verify by affidavit a true inventory and appraisement of all estate property, stating liens and encumbrances and the fair net value of each item as of the date of death (RCW 11.44.015(1)). The inventory may but need not be filed in the probate cause, but on written request from an heir, legatee, devisee, a creditor who has filed a claim, a nonprobate beneficiary from whom contribution is sought, or the Department of Revenue, you must furnish a copy within ten days (RCW 11.44.015(2)).
Can I e-file a probate in Washington?
It depends on the county. There is no statewide probate e-filing system in Washington, so confirm the status with the County Clerk where you file. In King County, e-filing is mandatory for attorneys under King County Local General Rule 30, through the Clerk's E-Filing application, with a written waiver process for an attorney who cannot comply; non-attorneys are not required to e-file but may, and a non-attorney who elects to e-file must accept electronic service. Pierce County uses LINX, which requires registration (the LINX site notes a subscription is required). Other large counties run their own systems, and many rural counties are paper at the counter or by mail. Some documents cannot be e-filed at all and must be filed on paper.
How do I look up a probate case in Washington?
In one of three places. dw.courts.wa.gov is the Administrative Office of the Courts public case search across municipal, district, superior, and appellate courts, but it is a pointer index and its own notice warns that dockets, judgments, document links, and case status may be inaccurate. For current superior court records, Odyssey Portal (odysseyportal.courts.wa.gov/odyportal) covers 37 counties, King County records are searched through King County's own Superior Court Clerk records system, and Pierce County records through LINX. Probate cases appear as superior court civil cases, but document images and coverage vary, so contact the County Clerk for the record itself.
Where do I get Washington probate forms?
There is no comprehensive statewide probate form set in Washington. The Washington Courts Court Forms index at courts.wa.gov/forms publishes statewide forms for family law, guardianship and conservatorship, criminal, behavioral health, juvenile, financial, protection order, and access-to-court matters, among others, and it has no probate category, so the petition, the order, and the letters are drafted by the filer or the attorney. The statewide pieces that do apply are the Case Information Cover Sheet required with a new superior court case and the GR 34 fee-waiver forms. WashingtonLawHelp publishes the practical self-help packets, including a Small Estate Affidavit packet, and many counties publish their own local cover sheets and calendar notes.
What authority document does the court issue in Washington?
Letters. The court issues letters testamentary where it establishes a will and appoints the personal representative named in it (RCW 11.20.020), or letters of administration where there is no will (RCW 11.28.120). The letters are the personal representative's proof of authority to access accounts and act for the estate. A certificate of qualification or a certified copy of the letters is $5 from the County Clerk (RCW 36.18.016(9)), so order several. The small estate affidavit route (RCW 11.62.010) appoints no personal representative and issues no letters.
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