When You Lose Someone
When someone passes away, financial institutions, landlords, and others often need some kind of authority to let you gather and take care of their assets and belongings. So how do you get that authority?
Well, below is a very general summary of two of the most common scenarios. Every situation is a little different, so your needs may vary.
PROBATE VS. SMALL ESTATE AFFIDAVIT
An over-simplified rule of thumb is that if you have to transfer title to real property (house, condo, etc.) or the total estate is worth more than $100,000, you will probably need to open probate to take care of a decedent’s assets. If neither of these is true, then you may be able to use the much simpler “small estate affidavit,” which avoids the possible complexities of legal procedure.
WHAT IS PROBATE?
Opening probate means opening a case in Superior Court that results in the issuance of “letters” – which is a kind of court order that gives a representative the authority to take care of a deceased person’s estate. This order comes in the form of letters testamentary (if there is a will) or letters of administration (if there is not a will). This is as strong an authority as one can get. This is a formal legal process (not simply filling out a single form), subject to court rules and procedures and will cost $290 (as of 1/1/2026) just to file the case.
WHAT IS A SMALL ESTATE AFFIDAVIT?
Permitted by Ch. 11.62 RCW, this process allows a person who is legally entitled to claim or inherit property to complete a form and simply present it to whomever needs to see the authority. It is not something that needs to be filed with the court, but some counties (like King County) do allow it to be filed. The form, which needs to be notarized (so don’t sign it until you’re in front of a notary public), is used to make a formal declaration under penalty of perjury that you are entitled to claim a decedent’s property.
DO I NEED TO FILE FOR PROBATE?
Not necessarily. As mentioned above, the two most common scenarios where it IS required are when the estate totals more than $100,000 and/or when ownership of real property needs to be transferred. It is also not uncommon for financial institutions (particularly from other states) to require “letters” in order to release funds – or make checks out to “The Estate of…” In both of these situations, you would likely have to open a probate case.
DO I NEED TO FILE A WILL?
Yes – if someone has possession of a deceased person’s will, it MUST be filed with the superior court:
- Within 40 days if the person in possession of the will is the named personal representative
- Within 30 days if the person with the will is not the named personal representative
See RCW 11.20.010 for more information.
ARE THERE "OFFICIAL" FORMS FOR OPENING PROBATE?
No.
There are no “pattern” forms created by the state or county, as there are with many family law matters – so there’s not a single set of correct forms. You can create r use any that satisfy legal requirements and accomplish what it is that you’re trying to do.
WHERE CAN I GET PROBATE FORMS?
The Law Library has created two packets (COMING SOON) for opening probate – one for cases WITH a will – and one for cases WITHOUT a will (you can find links down below). These packets have not only forms, but also instructions, for opening and closing a “regular” probate. If everything is in order, this may be the easiest option. Otherwise, there are two websites written by local attorneys that have good information as well as some forms – so you could try to piece it together yourself: kingcountyprobates.com and wa-probate.com.
MORE RESOURCES
KCLL Form Packets
COMING SOON!
Laws affecting the probate process have recently changed (effective 6/11/2026) – so our packets are in the process of being updated. We hope to have the packets updated very soon.
Probate WITH a Will
Probate WITHOUT a Will
KCLL Library Books
External Resources
The Washington statutes on probate are contained in Title 11 of the Revised Code of Washington (RCW).
WashingtonLawHelp.org has a nice Small Estate Affidavit packet.
Two independent websites with good information (and some forms):
Legal Voice also has a helpful checklist.