Washington small estate
Washington small estate limit
Washington's small estate affidavit limit is $100,000 of probate property after liens, not counting the surviving spouse's share of community property. Heirs can use it to collect personal property 40 days after the death (RCW 11.62.010).
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Washington's small estate affidavit limit is $100,000 of probate property after liens, not counting the surviving spouse's share of community property. Heirs can use it to collect personal property 40 days after the death (RCW 11.62.010).
General information, not legal advice. Statutes change, and courts apply them to the facts of each estate. Check with the probate court or a probate attorney before you rely on a figure or a date.
Small estate affidavit (RCW 11.62.010)
| Limit | $100,000 |
| What counts | Value of the whole probate estate, wherever it's located, minus liens and other secured debts, not counting the surviving spouse's or domestic partner's community property interest. |
| Waiting period | 40 days after death |
| Statute | RCW 11.62.010 |
The person who died must have lived in Washington.
Common questions
What is the small estate limit in Washington?
The limit is $100,000 for the small estate affidavit (RCW 11.62.010). The person who died must have lived in Washington.
What counts toward the Washington limit?
Value of the whole probate estate, wherever it's located, minus liens and other secured debts, not counting the surviving spouse's or domestic partner's community property interest.
How long do you have to wait to use it in Washington?
You have to wait 40 days after death (RCW 11.62.010).
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Sources
- RCW 11.62.010 — Washington State Legislature
We last checked the statute text against the official publishers in August 2026.