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Washington Probate Deadlines
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Washington Probate Deadlines

Washington probate deadlines run from eight events: the four-month creditor bar starts at first publication, the small estate affidavit 40 days from death.

By Settled Editorial

Washington probate deadlines run from eight separate events, and the one most often reported wrong is the creditor bar. A claim against the decedent is barred four months after the date of first publication of the notice to creditors (RCW 11.40.051(1)(b)(i)), not four months after death and not four months after the court appoints a personal representative.

This guide lists every dated duty a Washington estate carries, groups each one under the day that starts its clock, and says what the statute does when a date passes. For how the filing process fits together, start with the Washington probate guide. For how long the whole thing takes, the duration answer lives on its own page.

Washington Counts From Eight Different Days

Most wrong Washington dates come from reading a period off the wrong event. Only one of these eight clocks is the date of death itself, and a second runs from the day somebody learns of it.

ClockStarting eventWhat hangs on it
Knowledge of the deathThe day a will holder learns the testator diedThe 30-day and 40-day duties to hand over the will
Date of deathThe day the person diedThe 40-day small estate affidavit wait, the 60-day and 90-day inaction markers, the 24-month outer creditor bars, the 18-month family award, the estate tax return and payment
AppointmentThe day the court issues lettersThe 20-day notice to heirs, the 30-day notice report, the 30-day recovery mailing, the three-month inventory, the annual report, the 24-month closing presumption
First publicationThe day the notice to creditors first runs in a legal newspaperThe four-month claim bar
The order probating or rejecting the willThe day the court admits or rejects the willThe four-month will contest window
Notification of a rejected claimThe day the personal representative serves or mails the rejectionThe claimant's 30 days to sue
Filing of the declaration of completionThe day a nonintervention representative files itThe 30-day objection window
Delivery of an inherited vehicleThe day the vehicle changes handsThe 15-day title application

Washington hangs the routine creditor window on publication, and keeps a separate 24-month bar running from death for the estates where notice was skipped or a known creditor was never served. That pairing is unusual. New Hampshire, for one, counts its creditor period from the original grant of administration, so a schedule copied from there produces the wrong date in every Washington estate.

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Washington Probate Deadlines at a Glance

DutyClock starts atPeriodStatute
Custodian delivers the will to the court or to the named executorKnowledge of the death30 daysRCW 11.20.010
Named executor delivers the will to the courtKnowledge of the death40 daysRCW 11.20.010
Earliest date a claiming successor may use the small estate affidavitDeath40 daysRCW 11.62.010(1)
Written notice of the claim to the other successors, before that affidavitService or mailing of the noticeat least 10 days must elapseRCW 11.62.010(2)(h)
Court may appoint a public guardianship contract service provider or a guardian ad litemDeathafter 60 days with no petitionRCW 11.28.120(2)
Court may appoint any suitable personDeathafter 90 days with no petitionRCW 11.28.120(3)
Serve notice of appointment on heirs, legatees, devisees and nonprobate beneficiariesAppointment20 daysRCW 11.28.237(1)
Mail notice to the DSHS Office of Financial Recovery, if no creditor notice was givenAppointment30 daysRCW 11.28.237(2)
File the report confirming notice to third partiesAppointment30 daysRCW 11.76.010(1)
File the report on an estate financial accountOpening the account30 daysRCW 11.76.010(2)
File a report of the affairs of the estateAppointmentannuallyRCW 11.76.010(3)(a)
File a report the court or an interested person asked forThe request90 daysRCW 11.76.010(3)(b)
Make and verify the inventory and appraisementAppointment3 months, longer if the court grants itRCW 11.44.015(1)
Hand over a copy of the inventory on written requestReceipt of the request10 daysRCW 11.44.015(2)
Creditor given actual notice presents the claimLater of the service or mailing and first publicationlater of 30 days and 4 monthsRCW 11.40.051(1)(a)
Creditor who was not reasonably ascertainable presents the claimFirst publication4 monthsRCW 11.40.051(1)(b)(i)
Reasonably ascertainable creditor who got no actual notice presents the claimDeath24 monthsRCW 11.40.051(1)(b)(ii)
Creditor presents a claim where no notice was given at allDeath24 monthsRCW 11.40.051(1)(c)
Claimant sues after the personal representative rejects a claimNotification of the rejection30 daysRCW 11.40.100(1)
Interested person contests the willThe order probating or rejecting it4 monthsRCW 11.24.010
Contestant personally serves the personal representativeFiling the petition90 daysRCW 11.24.010
Person who obtained an adjudication of testacy or heirship serves or mails a copyObtaining the order30 daysRCW 11.28.330
Heir, legatee or devisee challenges that adjudicationEntry of the order and the RCW 11.28.330 notice4 monthsRCW 11.28.340
Surviving spouse, domestic partner or dependent children petition for the family awardDeath18 months, or earlier if the estate closes firstRCW 11.54.015(3)
Washington estate tax return, when one is requiredDeath9 monthsRCW 83.100.050(2)
Washington estate tax paymentDeath9 months, ignoring any filing extensionRCW 83.100.060(1)
Federal Form 706, when the estate must file oneDeath9 monthsIRS Instructions for Form 706
Publish and mail notice of the final report hearingThe hearing dateat least 20 days beforeRCW 11.76.040
Court may presume the estate is ready to be closedAppointment24 monthsRCW 11.76.030(2)
Mail a copy of the declaration of completion of probateFiling of the declaration5 daysRCW 11.68.110(4)
Party petitions after a declaration of completion of probateFiling of the declaration30 daysRCW 11.68.110(3)
Person who inherits a vehicle applies for a new certificate of titleDelivery of the vehicle15 daysRCW 46.12.650(6)(a)

Nonintervention Powers Switch Off Part of This Table

Washington's signature procedure decides how many of these dates a personal representative ever faces. RCW 11.68.011(2) directs the court to grant nonintervention powers to a representative who petitions for them where the estate is solvent and one of three fact patterns fits, and the will has not forbidden it.

RCW 11.68.090(2)(b) then does something no other clause on this page does. A personal representative with nonintervention powers has no duty to follow the procedures of RCW 11.76.010 through 11.76.080 or chapter 11.56 RCW. Every RCW 11.76 row above sits inside that range: the 30-day notice report, the estate financial account report, the annual report, the final report and its 24-month presumption, and the 20-day hearing notice.

The rows that survive the grant are the ones written elsewhere. RCW 11.28.237 notice, the RCW 11.44.015 inventory, the whole of chapter 11.40 RCW on creditor claims, and the RCW 11.24.010 contest window all sit outside chapter 11.76 RCW and keep running. Generic copy saying a Washington court supervises each step is wrong for a nonintervention estate, and copy saying such an estate carries no dated duties at all is wrong in the other direction.

Deadlines That Start at the Date of Death

30 Days and 40 Days: Deliver the Will

Any person having custody or control of a will must deliver it within 30 days after receiving knowledge of the testator's death, either to the court having jurisdiction or to the person named in the will as executor. An executor holding the will then has 40 days after receiving knowledge of the death to deliver it to the court (RCW 11.20.010). Both clocks run from knowledge, not from the death, and the 40-day figure exists because a custodian discharges the first duty by handing the will to the named executor, who gets ten more days to reach the courthouse.

RCW 11.20.010 names one consequence and no others. A person who wilfully violates the section is liable to any party aggrieved for the damages sustained by the violation. That is civil liability. The section states no crime and no fixed forfeiture.

No Deadline to Open the Probate Itself

Washington sets no date for filing the petition. RCW 11.20.020(1) says applications for probate of a will and for letters testamentary may be made to the judge of the court having jurisdiction, and the court may immediately hear the proofs. Any source that gives a number of days for opening a Washington probate is quoting something other than the statute.

Pressure comes from the other direction instead. If the persons entitled to letters fail for more than 60 days after the death to present a petition, the court may appoint a contract service provider with the office of public guardianship and conservatorship or a guardian ad litem (RCW 11.28.120(2)). After more than 90 days the court may appoint any suitable person, who takes only the compensation RCW 11.48.210 allows, may not buy or take proceeds from estate assets except as RCW 11.48.020 allows, and cannot be granted nonintervention powers unless the appointee is an entity described in RCW 11.36.010(2) or (3). Those restrictions were tightened by 2026 c 204, an act relating to ending probates for profit, effective 11 June 2026.

40 Days: The Small Estate Affidavit

At any time after forty days from the date of a decedent's death, a person holding the decedent's personal property or owing the decedent a debt must pay or deliver it to a claiming successor who presents proof of death and a conforming affidavit (RCW 11.62.010(1)). That wait runs from the death itself rather than from any court event, which is what lets the affidavit route work without opening a probate at all.

The affidavit itself must state that forty days have elapsed since the death, that the value of the decedent's entire estate subject to probate, not counting the surviving spouse's or domestic partner's community property interest and net of liens and encumbrances, does not exceed one hundred thousand dollars, that no application or petition for appointment of a personal representative is pending or granted anywhere, and that all debts including funeral and burial expenses have been paid or provided for (RCW 11.62.010(2)).

A second clock hides inside the first. RCW 11.62.010(2)(h) requires the claiming successor to have given written notice of the claim, by personal service or by mail, to all other successors of the decedent, and requires at least ten days to have elapsed since that service or mailing. So the earliest workable date is day 40 only where the notice went out on or before day 30. The Washington small estate guide covers who qualifies as a successor.

18 Months: The Family Award

A surviving spouse, surviving registered domestic partner or dependent children must file the petition for a chapter 11.54 RCW award before the earliest of three dates: 18 months from the death where within 12 months of the death a personal representative was appointed or a notice agent filed the RCW 11.42.010(3)(a)(ii) declaration and oath; the termination of all proceedings under Title 11 RCW relating to the decedent's probate or nonprobate assets; or six years from the death (RCW 11.54.015(3)). In an ordinary probate the operative figure is 18 months, because a representative is normally appointed inside the first year.

Closing the estate cuts the window off early, since termination of the proceedings is one of the three triggers. The section carries no good-cause extension.

9 Months: The Estate Tax

A Washington return is required if the gross estate equals or exceeds the applicable exclusion amount, which RCW 83.100.020(1)(a)(x) sets at $3,000,000 for estates of decedents dying on or after July 1, 2026. RCW 83.100.050(2) pegs the Washington due date to the federal one, on or before the date the federal return is required to be filed or would have been required if none is required. The Department of Revenue states that date in months: one of the Washington estate tax return, or a request for an extension to file plus an estimated payment, is due nine months after the date of death.

An extension to file is not an extension to pay. RCW 83.100.060(1) requires payment on or before the date the return is due under RCW 83.100.050, not including any extension of time for filing, and the Department says interest accrues daily on unpaid principal after the nine-month date. A person who obtained a federal extension of time for payment, or elected federal installments, may elect the same terms for the Washington tax by filing a copy of the federal extension on or before the Washington due date without extension, or within 30 days of issuance, whichever is later (RCW 83.100.060(2)).

The federal return runs on the same nine months, with a six-month extension available on Form 4768, per the IRS Instructions for Form 706. Our federal estate tax guide for Washington estates covers the exclusion and the portability election.

Deadlines That Start When the Court Appoints You

20 Days: Notice to Heirs and Nonprobate Beneficiaries

Within 20 days after appointment the personal representative, or an attorney performing services for the estate at the representative's instance, must cause written notice of the appointment and of the pendency of the probate to be served personally or by mail on each heir, legatee and devisee of the estate, and on each beneficiary or transferee of a nonprobate asset of the decedent, whose names and addresses are reasonably known. Proof goes in by affidavit or declaration filed in the cause, and notice to a trustee is enough where a trust holds the interest (RCW 11.28.237(1)).

The nonprobate reach is the part people miss. This notice goes to people who take by beneficiary designation or by survivorship, not only to the people named in the will.

30 Days: Two Reports and a Mailing

Three separate 30-day duties sit in this stretch, and the last of the three runs from a different event.

  • The recovery mailing. If the personal representative does not otherwise give notice to creditors under chapter 11.40 RCW within 30 days after appointment, written notice of the appointment and the pendency of the probate goes by mail to the Washington State Department of Social and Health Services Office of Financial Recovery, with proof filed in the cause (RCW 11.28.237(2)). Publishing the creditor notice inside that window discharges this one, because RCW 11.40.020(1)(d) already sends a copy of that notice to the same office.
  • The report confirming notice to third parties. Not later than 30 days after appointment the personal representative must make, verify by oath, and file with the clerk a report confirming notice to third parties. It gives the names and addresses of each person who received the RCW 11.28.237 notice, the details of the search made to identify them, and the date and manner of the notice. RCW 11.76.010(1) prints the form of the declaration.
  • The estate financial account report. Not later than 30 days after opening any financial account to collect and pay out sums for the estate, the representative files a report naming the date the account was opened, the financial institution holding it, and each signatory (RCW 11.76.010(2)).

The last two are new. Both were added by 2026 c 204 s 10, effective 11 June 2026, so no description of Washington probate written before mid-2026 contains them.

3 Months: The Inventory, Which You Do Not File

Within three months after appointment, unless the court grants longer, the personal representative makes and verifies by affidavit a true inventory and appraisement of the estate property passing under the will or by the laws of intestacy that has come to the representative's possession or knowledge, including a statement of encumbrances, liens and other secured charges. The representative sets the fair net value of each item as of the date of death after deducting those charges, and sorts the property into real property by legal description, stocks and bonds, mortgages and notes and other written evidences of debt, bank accounts and money, furniture and household goods, and all other personal property (RCW 11.44.015(1)).

RCW 11.44.015(2) is the sentence that surprises people who have administered an estate in another state. The inventory and appraisement may, but need not be, filed in the probate cause. What is mandatory is disclosure on demand: on written request from an heir, legatee, devisee, unpaid creditor who has filed a claim, a nonprobate beneficiary from whom contribution is sought under RCW 11.18.200, or the Department of Revenue, the representative hands over a true and correct copy within ten days. Washington's inventory is a duty to prepare and to hand over, not a duty to file.

Annually, and 24 Months

Not less frequently than annually from the date of appointment, unless a final report has already gone in, the personal representative files a report of the affairs of the estate stating the claims filed and allowed and all those rejected, the property that has come in, a detailed statement of sums collected and paid out, and whatever else gives the court full information (RCW 11.76.010(3)(a)). The court or any interested person may also request such a report at any time, and the representative files it not later than 90 days after the request unless the court finds the request an undue burden or sets a different date. No more than two requested reports per year can be demanded (RCW 11.76.010(3)(b)).

RCW 11.76.030(2), also added in 2026, lets the court presume the estate is ready to be closed 24 months after the date of appointment. Where the final report and petition for distribution has not gone in by then, the court shall, on request of the court or any interested person, order it submitted by a date certain, movable only for good cause. The Washington probate accounting guide covers what each of these reports contains, and both of these duties fall away under RCW 11.68.090(2)(b) for a representative holding nonintervention powers.

The Creditor Window Runs From First Publication

This is the date most often reported wrong, so read the structure before the number. RCW 11.40.051(1) opens with the words "Whether or not notice is provided under RCW 11.40.020", which means the bar operates either way and only the clock changes. Four fact patterns follow.

  1. Actual notice was given. The creditor presents the claim within the later of 30 days after the personal representative's service or mailing of notice to that creditor, and four months after the date of first publication (RCW 11.40.051(1)(a)).
  2. Notice was published, and the creditor was not reasonably ascertainable. Four months after the date of first publication (RCW 11.40.051(1)(b)(i)).
  3. Notice was published, and the creditor was reasonably ascertainable but got no actual notice. Twenty-four months after the decedent's date of death (RCW 11.40.051(1)(b)(ii)). Publishing alone does not cut off a creditor the representative should have found.
  4. No notice was given under chapter 11.40 or chapter 11.42 RCW at all. Twenty-four months after the date of death (RCW 11.40.051(1)(c)).

Publishing is optional and carries no statutory deadline of its own. RCW 11.40.020(1) says a personal representative may give notice to creditors, and where notice is given the representative files it with the court, publishes it once each week for three successive weeks in a legal newspaper in the county where the estate is administered, may serve or mail actual notice on known creditors at any time during the proceeding, and mails a copy including the decedent's social security number to the Office of Financial Recovery. Skipping publication does not remove the bar. It swaps a four-month clock running from a date the representative controls for a 24-month clock running from the death.

Two consequences of the bar are easy to miss. RCW 11.40.051(3) makes it effective as to claims against both the decedent's probate and nonprobate assets. And RCW 11.40.051(2) applies any otherwise applicable statute of limitations without regard to the tolling provisions of RCW 4.16.190.

The rejection side carries its own 30 days. Where the personal representative rejects a claim in whole or in part, the claimant must bring suit against the representative within thirty days after notification of rejection or the claim is forever barred, and the notification itself has to warn the claimant of that (RCW 11.40.100(1)). The date of personal service or of the postmark is the date of notification. The four-month bar and the presentation mechanics under RCW 11.40.070 are covered in full on the creditor claims page.

Deadlines That Close a Right to Challenge

  • The four-month will contest window. Any person interested in a will must appear within four months immediately following the probate or rejection of it and contest by petition (RCW 11.24.010). A contest counts as commenced when the petition is filed rather than when it is served, so the four months are met at the courthouse. The petitioner must then personally serve the personal representative within 90 days after filing, and where service is not made the action counts as never commenced for limitations purposes. Where no one files and serves in time, the probate or rejection is binding and final.
  • The adjudication route. Washington allows an order adjudicating testacy or intestacy and heirship with no personal representative appointed at all. The person who obtained the order serves or mails a copy on each heir, legatee and devisee within thirty days (RCW 11.28.330). Unless within four months after entry of that order and that notice someone offers a later will, contests the adjudication, offers a will after an adjudication of intestacy, or contests the determination of heirship, the order counts as the equivalent of a final decree of distribution under chapter 11.76 RCW as to the people who waived or received notice (RCW 11.28.340). The right to receive assets stays subject to the prior rights of creditors and of anyone entitled to a homestead award, an award in lieu of homestead, or a family allowance.
  • The declaration of completion. A personal representative with nonintervention powers who does not seek a RCW 11.68.100 decree closes by filing a declaration of completion of probate stating, among other things, the fees paid or to be paid to the representative, the lawyers, the appraisers and the accountants, and that the representative believes them reasonable and will not seek court approval or file an accounting (RCW 11.68.110(1)). A copy goes out by mail within five days of filing (RCW 11.68.110(4)). Any party as defined in RCW 11.96A.030 then has 30 days following the filing to petition under chapter 11.96A RCW to enforce their rights, to review the reasonableness of the fees, or to compel a closing under RCW 11.68.100 (RCW 11.68.110(3)). Where nobody petitions, the filing carries the legal effect of a decree of distribution and discharges the representative and the bond.

Fifteen Days: The Vehicle Title Clock

A person who has recently acquired a vehicle by purchase, exchange, gift, lease, inheritance or legal action must apply for a new certificate of title within 15 days of delivery of the vehicle (RCW 46.12.650(6)(a)). Inheritance is named in the statute, so an heir who takes a car out of an estate is inside this rule.

Missing it costs money and then more than money. A person who does not apply within 15 calendar days of delivery is charged the RCW 46.17.140 penalty when applying, and failing to apply within 45 days after delivery is a misdemeanor that counts as a single continuing offense for each day past the 45-day mark (RCW 46.12.650(8)). RCW 46.12.650(9) lists the situations that excuse the penalty, including a legal owner who fails to release interest and an illness or extended hospitalization that stopped the applicant from applying.

What Happens When a Date Passes

  • A late creditor. The RCW 11.40.051 bar is a bar, and it reaches nonprobate assets as well as probate ones. The section carries no good-cause extension.
  • A claimant who does not sue. Thirty days after notification of a rejection, the claim is forever barred (RCW 11.40.100(1)).
  • A withheld will. Civil liability to any party aggrieved for the damages sustained (RCW 11.20.010).
  • A late report. Where a personal representative fails to timely file a report under RCW 11.76.010, the court shall, on request of the court or any interested person, hold a formal proceeding within 14 days at which the representative appears and gives sworn testimony about the facts the report would have carried. Failing to appear, failing to testify truthfully and completely, or repeatedly filing late, results in the court taking any action it deems just and proper to protect estate assets and the rights of interested persons, including sanctions and revocation of the representative's letters (RCW 11.76.010(5)).
  • A family that waits past 18 months. The court may not make any award under chapter 11.54 RCW where the petition came in late (RCW 11.54.015(3)).
  • A late title application. The RCW 46.17.140 penalty, and a misdemeanor after 45 days (RCW 46.12.650(8)).

How a Washington Estate Stays on Schedule

  1. Write down three dates, not one. The death starts the affidavit wait and the outer creditor bars. Appointment starts the notice and reporting duties. First publication starts the four-month claim bar. None of the three is a substitute for the others.
  2. Keep the proof of publication. That single date decides the RCW 11.40.051(1)(a) and (1)(b)(i) windows, and the affidavit filed under RCW 11.40.020(1) is where the date lives.
  3. Decide about actual notice early. Serving or mailing a known creditor moves that creditor from the 24-month bar in RCW 11.40.051(1)(b)(ii) to the shorter rule in (1)(a), which is the only way that creditor's window closes early.
  4. Check whether nonintervention powers were granted. RCW 11.68.090(2)(b) removes the whole chapter 11.76 RCW column from the schedule, and the nonintervention powers page explains what the grant does and does not cover.
  5. Calendar 20 days, 30 days, three months and four months from the day letters issue, and calendar 18 months and 24 months from the death and the appointment respectively.
  6. Keep the inventory ready even though it is not filed. A written request under RCW 11.44.015(2) starts a ten-day clock, and the subsection provides no extension for it.
  7. Ask before a date passes. Find the right court through the Washington probate courts directory, and see the Washington executor duties guide for the task behind each date.

Frequently Asked Questions

When does the Washington creditor deadline start?

At the date of first publication of the notice to creditors, not at death and not at appointment. Where the personal representative published notice, a creditor who was not reasonably ascertainable and got no actual notice has four months from that first publication (RCW 11.40.051(1)(b)(i)). A creditor who was served or mailed actual notice gets the later of 30 days after that service or mailing and the same four months (RCW 11.40.051(1)(a)).

How long do I have to file a Washington will?

Thirty days for a custodian, 40 days for the named executor, and both run from knowledge of the death rather than from the death itself. RCW 11.20.010 requires any person holding a will to deliver it to the court having jurisdiction or to the person named as executor within 30 days of receiving knowledge of the testator's death, and requires an executor holding the will to deliver it to the court within 40 days.

When is the Washington inventory due?

Within three months after appointment, unless the court grants longer (RCW 11.44.015(1)). Washington does not require it to be filed. RCW 11.44.015(2) says the inventory and appraisement may, but need not be, filed in the probate cause, and instead requires the personal representative to hand over a true and correct copy within 10 days of a written request from an heir, legatee, devisee, unpaid creditor who filed a claim, a nonprobate beneficiary from whom contribution is sought, or the Department of Revenue.

How long do I have to contest a Washington will?

Four months after the court probates or rejects the will (RCW 11.24.010). The section also carries a second clock: a contest counts as commenced when the petition is filed rather than when it is served, and the petitioner must personally serve the personal representative within 90 days after filing. If service is not made in that window, the action counts as never commenced for limitations purposes.

How long can a Washington probate stay open?

RCW 11.76.030(2), added by 2026 c 204 and effective 11 June 2026, lets the court presume an estate is ready to be closed 24 months after the personal representative's date of appointment, and lets the court order the final report submitted by a date certain. That presumption sits in chapter 11.76 RCW, which RCW 11.68.090(2)(b) excuses a personal representative holding nonintervention powers from following.

What happens if I miss a Washington probate deadline?

The consequence depends on the date. A creditor who misses the RCW 11.40.051 window is forever barred as to both probate and nonprobate assets. A claimant who does not sue within 30 days of a rejection is barred under RCW 11.40.100(1). A person who wilfully withholds a will is liable to any party aggrieved for the damages sustained (RCW 11.20.010). A personal representative who files a late report under RCW 11.76.010 can be called into a formal proceeding and face sanctions or revocation of letters.

Court practice and the facts of an estate change how these dates land. Confirm the ones that affect your family with the county clerk or a licensed Washington attorney, and work the rest of the series from the Washington probate hub.

Sources:

It is not legal advice.

Information current as of August 8, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Washington can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.