Whatcom County Small Estate Rules: When Probate Is Required and When It Isn’t

When someone passes away, one of the first questions families ask is whether probate is required. In Washington State, the answer is not always yes.

In some situations, an estate may qualify to be handled without opening a full probate case by using what is commonly called a Small Estate Affidavit. This can save time, expense, and stress when the estate is simple and assets are limited.

Below is a plain-English explanation of how small estates work in Washington, when probate may not be required, and where real estate changes the analysis.

What Is a “Small Estate” in Washington State?

Washington allows certain estates to be settled without full probate using a Small Estate (Personal Property) Affidavit under RCW 11.62.010.

In general, an estate may qualify if:

• The total value of the probate personal property is $100,000 or less
• At least 40 days have passed since the date of death
• No probate case has been opened
• Reasonable efforts have been made to address known debts, taxes, and expenses

The $100,000 limit applies only to probate assets, not to everything the person owned during their lifetime.

Probate personal property typically includes assets titled solely in the deceased person’s name, such as individual bank accounts, vehicles, refunds, and other personal property that does not pass automatically to someone else.

Assets That Do Not Count Toward the $100,000 Limit

Many assets pass outside of probate entirely and are not counted toward the small estate limit.

Common nonprobate assets include:

• Assets held in a living trust
• Jointly owned property with right of survivorship
• Retirement accounts and life insurance with named beneficiaries
• Payable on Death (POD) or Transfer on Death (TOD) accounts

Because only probate assets are counted, an estate may still qualify as a small estate even if the deceased owned significant assets during their lifetime, as long as those assets pass outside of probate.

How Real Estate Affects Small Estates

This is where things often become confusing.

Washington’s small estate statute is a personal property affidavit procedure. It does not transfer ownership of real estate.

If the deceased owned real estate solely in their name and it was not held in a trust, some form of court process is almost always required to transfer or sell the property, even if the property value is under $100,000.

In practice, this usually means opening a probate so a personal representative has legal authority to sign deeds and closing documents.

Real estate can avoid probate if it was:

• Owned jointly with right of survivorship
• Held in a properly funded living trust
• Covered by a recorded Transfer on Death Deed

Washington recognizes Transfer on Death Deeds for real estate, and they are specifically designed to pass property outside of probate.

If none of these apply, the small estate affidavit can still be used for personal property, but it cannot be used to transfer the real estate itself.

How the Small Estate Affidavit Works

If the estate qualifies, a successor or heir can use a Small Estate Affidavit to collect probate personal property such as:

• Bank accounts
• Vehicles
• Final paychecks or refunds
• Personal belongings

The affidavit is presented directly to the institution holding the asset, such as a bank or the Department of Licensing. There is no court hearing required for the affidavit itself.

The person using the affidavit is legally responsible for distributing assets correctly and honoring valid creditor claims. Reasonable arrangements should be made to address known debts and expenses before distributing everything to heirs.

Common Mistakes Families Make

Some of the most common issues I see include:

• Assuming probate is not required just because the estate feels “small”
• Overlooking how real estate is titled
• Using a Small Estate Affidavit before addressing debts
• Distributing assets too early
• Failing to check whether a Transfer on Death Deed exists

Correcting these mistakes later often takes more time and expense than getting clarity early.

When It Makes Sense to Talk to a Professional

If the estate includes real estate, out-of-state heirs, unpaid debts, or family disagreement, it is wise to get guidance before moving forward.

Even when probate is required, it does not always mean a long or complicated process. In many cases, probate simply provides the authority needed to sell or transfer property cleanly and protect everyone involved.

Helpful Washington State Resources

RCW 11.62.010 – Small Estate (Personal Property) Affidavit
https://app.leg.wa.gov/rcw/default.aspx?cite=11.62.010

Washington Probate Overview (Plain-English Explanation)
https://www.nolo.com/legal-encyclopedia/washington-probate-an-overview.html

Washington Probate Asset Basics
https://www.wa-probate.com/instructions/probate-assets/

Final Thoughts

“Small estate” is an informal term. In Washington, the legal question is whether probate personal property falls under the limits set out in RCW 11.62 and whether real estate requires court authority to transfer.

If you are unsure which category your situation falls into, you are not alone. This is one of the most common points of confusion for families after a loss.

This article is general information about Washington law and is not legal advice. For advice about a specific situation, consult a Washington attorney or other qualified professional.

If you are handling a property in Whatcom County and want help understanding what applies to your situation, a short conversation can bring clarity quickly. You do not need to have everything figured out before reaching out.