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Washington Probate Guide
Pillar GuideWashington27 min read

Washington Probate Guide

How Washington probate works: the county Superior Court, nonintervention powers, the flat $290 filing fee, and the four-month creditor clock.

By Settled Editorial

Washington probate is the county Superior Court process that proves a will, appoints a personal representative, settles claims against the estate, and passes what is left to the heirs or beneficiaries. RCW 11.96A.040(1) gives "the superior court of every county" original subject matter jurisdiction over the probate of wills and the administration of estates, and the county clerk takes the filing.

One thing separates Washington from almost every state around it. A solvent Washington estate is normally settled with nonintervention powers, and a personal representative who holds them sells property, pays creditors and distributes the estate without asking a judge for permission. RCW 11.68.085 says so in one sentence: that person "may administer and settle the estate without supervision or intervention by the court except as otherwise provided in this chapter." Copy that tells you a Washington judge signs off on each step is describing some other state.

Read this as a map of the process rather than a filing packet. Fees and the statutory deadlines are statewide, so the rules look the same in Asotin as in King, but the courthouse is your own county's. Start with the Washington probate court directory to find yours, and use the Washington first steps guide for the tasks that come before any filing.

Washington Has No Probate Court

There is no separate probate court in Washington and no probate division. All 39 counties have a superior court, and RCW 11.96A.040(3) is the section that hands each of them the working powers: to "probate or refuse to probate wills, appoint personal representatives, administer and settle the affairs and the estates of incapacitated, missing, or deceased individuals including but not limited to decedents' nonprobate assets."

The office you deal with day to day is the county clerk, who is the clerk of the superior court. Reports and inventories are filed with "the clerk of the court" under RCW 11.76.010, and RCW 36.18.020 makes clerks of the superior courts the people who collect the filing fee. Washington also calls the person in charge a personal representative, whether a will named them or the court picked them, so "executor" and "administrator" show up in older paperwork but not as the operative title.

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Venue Is the Petitioner's Choice, With a Four-Month Correction

Most states send the case to the county where the person lived. Washington does not. RCW 11.96A.050(4) puts venue for the probate of wills and the administration of a decedent's property "in any county in the state of Washington that the petitioner selects."

Three qualifications keep that from being a free-for-all, and all three are in the same subsection:

  • A petitioner who seeks appointment under RCW 11.28.120(3), the catch-all appointment available after 90 days of nobody stepping forward, gets no choice. Venue must be the county where the decedent resided, or a county holding part of the estate if the decedent was not a Washington resident.
  • Any party may ask to move the case, and the request is close to automatic if it lands within four months of the mailing of the notice of appointment required by RCW 11.28.237. Except for good cause shown, the case then moves to the county of the decedent's residence. A request made later is discretionary.
  • Once letters are granted, RCW 11.96A.050(5) keeps every later order, settlement and trial in that county unless venue is moved.

Publication follows residence even when the filing does not. RCW 11.40.020(2) says that where a Washington resident's estate is opened outside the county of residence, the notice to creditors must be published in a legal newspaper in the county of residence and filed in the county where the case sits. Most families still file where the person lived, and that is usually the least friction, but the statute is broader than the habit.

Nonintervention Powers Run Most Washington Estates

RCW 11.68.011 is the section that makes Washington probate cheap when it works. Its own catchline is "Settlement without court intervention," and the legislature amended it this year in 2026 c 204, so any description written before June 2026 is describing an older section.

Subsection (1) lets a personal representative petition for the powers "whether the decedent died testate or intestate." Subsection (2) says the court shall grant them, unless the decedent's will directed otherwise, if the court finds the estate solvent "taking into account probate and nonprobate assets" and one of these is true:

  1. The petitioner was named in the probated will as the personal representative.
  2. The decedent died intestate, the petitioner is the surviving spouse or domestic partner, the estate is composed of community property only, and the decedent had no issue outside that marriage or partnership.
  3. The petitioner was not a creditor of the decedent at death, and administration with the powers would be in the best interests of the beneficiaries and creditors. That best-interests finding is presumed until someone entitled to notice comes forward with evidence against it.

One appointee is shut out. A personal representative appointed under RCW 11.28.120(3) who is not a bank, trust company or other entity described in RCW 11.36.010(2) or (3) may not petition for the powers and may not be granted them.

The hearing can happen at the appointment or at any later time under RCW 11.68.021. Notice is required in the third case above, not the first two, and RCW 11.68.041(3) sets it at at least ten days before the hearing, personally served or sent by regular mail, with proof of mailing filed by affidavit.

What the Powers Actually Let You Do

RCW 11.68.090(1) lists them, and the last clause is the one that matters: the personal representative may exercise every power on the list "without an order of the court and without notice to, direction from, approval by, confirmation by, or intervention of any court." The list includes borrowing money on the general credit of the estate, mortgaging, leasing, selling, exchanging and conveying real and personal property, performing the decedent's contracts, determining who is entitled to the estate, and partitioning or distributing property.

The limits are just as concrete. Subsection (2) keeps the same duties, restrictions and liabilities that a supervised personal representative carries, and requires discretionary powers to be exercised "in good faith, with honest judgment, and in accordance with the terms and purposes of the probated will and the interests of the beneficiaries." Subsection (4) lists the statutes a will cannot write around, including the accounting-on-demand right at RCW 11.68.065, removal at RCW 11.68.070, and the insolvency provisions at RCW 11.68.080. Nonintervention is freedom from supervision, not freedom from duty. The Washington nonintervention powers guide walks the petition, the notice and the objection route step by step.

How a Nonintervention Estate Closes

Two exits. The personal representative may apply to the court for a decree under RCW 11.68.100, which either adjudges the heirs and distributes the property or approves an accounting in the supervised way.

The usual exit is cheaper. RCW 11.68.110 lets the personal representative file a declaration of completion of probate stating the date of death and residence, whether there was a will, that approved creditor claims and taxes are paid or provided for, that administration is complete, the heirs and their shares if the decedent died intestate, and the fees paid or to be paid to the personal representative, lawyers, appraisers and accountants. A copy goes out within five days to each party who has not waived notice, and any party then has 30 days to petition the court. If nobody does, subsection (2) makes the filing "the legal equivalent of the entry of a decree of distribution," deems the fees reasonable, approves the acts of the personal representative, and discharges both that person and any bond.

The First Filings and Their Clocks

Whoever holds the will moves first. RCW 11.20.010 gives a custodian 30 days after learning of the death to deliver the will to the court having jurisdiction or to the person named in it as executor, and gives an executor who holds the will 40 days to deliver it to the court. Willful violation makes that person liable for the damages it causes.

With a will, RCW 11.20.020(1) lets the application for probate and for letters testamentary go to the judge, who "may immediately hear the proofs" and enter a formal order establishing or refusing the will. RCW 11.28.010 then grants letters testamentary to the person the will appointed, and grants letters of administration with the will annexed if everyone named refuses or is disqualified.

Without a will, RCW 11.28.110 sets out what the petition must contain, and 2026 c 204 made it heavier: the names, ages and addresses of the heirs and the details of the applicant's reasonable search for them, plus 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. RCW 11.28.120(1) then ranks who may serve: the surviving spouse or state registered domestic partner or their nominee, then next of kin in the order of children, parents, siblings, grandchildren, nieces and nephews, then certain fiduciaries who already controlled the assets, then beneficiaries and transferees, then two state agencies, then principal creditors.

Bond is not automatic. RCW 11.28.185 requires none where the will shows that intent, none where the personal representative is the surviving spouse or domestic partner and the whole estate will go to that person after expenses and creditor claims, and none where a bank or trust company serves. In other cases the court sets it unless the court waives it.

Then come the notice duties. RCW 11.28.237(1) gives the personal representative or the estate's lawyer 20 days after appointment to serve or mail written notice of the appointment and the pendency of the probate to each heir, legatee and devisee, and to each beneficiary or transferee of a nonprobate asset whose name and address is reasonably known, with proof filed in the cause. Subsection (2) adds that if no creditor notice goes out under chapter 11.40 RCW within 30 days of appointment, notice must be mailed to the Department of Social and Health Services Office of Financial Recovery.

Two reports were added by 2026 c 204 and sit at RCW 11.76.010: a report confirming notice to third parties, filed with the clerk not later than 30 days after appointment and reciting the search performed, and a report of the estate financial account, due 30 days after any estate account is opened. Read those alongside RCW 11.68.090(2)(b), which says a personal representative with nonintervention powers "has no duty to follow the procedures of RCW 11.76.010 through 11.76.080." The legislature did not amend that carve-out when it wrote the new reports, so both texts stand as printed. Ask your own county clerk what that county expects in a nonintervention estate rather than assuming either reading.

The inventory is due under RCW 11.44.015(1) within three months after appointment, made and verified by affidavit, classified into real property by legal description, stocks and bonds, notes and other written evidence of debt, bank accounts and money, furniture and household goods, and all other personal property. Subsection (2) is the part people miss: the inventory "may, but need not be, filed" in the probate case, and a written request from an heir, legatee, devisee, claiming creditor, nonprobate beneficiary or the Department of Revenue obliges the personal representative to hand over a copy within ten days. The Washington executor duties guide covers the job once letters issue.

Community Property Decides What Is Even In the Estate

Washington is a community property state, and that answer comes before every other answer. RCW 26.16.030 defines community property as property acquired after marriage or after registration of a domestic partnership other than the separate property described in RCW 26.16.010 and 26.16.020, and it bars either spouse from devising or bequeathing "more than one-half of the community property."

RCW 11.02.070 then does two things that pull in opposite directions, and both are true at once. A one-half share of the community property "shall be confirmed to the surviving spouse or surviving domestic partner," and the other half passes by the will or by intestacy. At the same time, "the whole of the community property shall be subject to probate administration for all purposes of this title," including community debts, the award in lieu of homestead, and the family support allowance. So the survivor's half is not the decedent's to give away, and it is still inside the administration for paying what the community owed. The Washington community property guide works through the separate-property line and what a community property agreement changes.

Washington Probate Deadlines

TaskDeadlineClock starts atSource
Custodian delivers the will to the court or the named executor30 daysLearning of the deathRCW 11.20.010
An executor holding the will delivers it to the court40 daysLearning of the deathRCW 11.20.010
Successor may use the small estate affidavit40 daysDate of deathRCW 11.62.010(1)
Notice to other successors before the affidavit is used10 daysService or mailing of that noticeRCW 11.62.010(2)(h)
Notice of appointment and pendency of probate20 daysAppointmentRCW 11.28.237(1)
Notice to the Office of Financial Recovery where no creditor notice is given30 daysAppointmentRCW 11.28.237(2)
Report confirming notice to third parties filed with the clerk30 daysAppointmentRCW 11.76.010(1)
Report of the estate financial account30 daysOpening the accountRCW 11.76.010(2)
Notice of a hearing on a petition for nonintervention powersAt least 10 days before the hearingThe hearing dateRCW 11.68.041(3)
Inventory and appraisement made and verified3 monthsAppointmentRCW 11.44.015(1)
Copy of the inventory furnished on written request10 daysReceipt of the requestRCW 11.44.015(2)
Creditor given actual notice presents a claimThe later of 30 days and 4 monthsService or mailing of notice, and first publicationRCW 11.40.051(1)(a)
Creditor who was not reasonably ascertainable presents a claim4 monthsFirst publicationRCW 11.40.051(1)(b)(i)
Bar where a reasonably ascertainable creditor got no actual notice24 monthsDate of deathRCW 11.40.051(1)(b)(ii)
Bar where no notice was given at all24 monthsDate of deathRCW 11.40.051(1)(c)
Will contest petition filed4 monthsThe order probating or rejecting the willRCW 11.24.010
Contest petition personally served on the personal representative90 daysFiling of the petitionRCW 11.24.010
Request to change venue, granted except for good cause shown4 monthsMailing of the RCW 11.28.237 noticeRCW 11.96A.050(4)
Personal representative mails the declaration of completion5 daysFiling of the declarationRCW 11.68.110(4)
Party petitions the court after that declaration is filed30 daysFiling of the declarationRCW 11.68.110(3)
Court may presume the estate is ready to be closed24 monthsAppointmentRCW 11.76.030(2)

The Washington probate deadlines guide lays these out as a working schedule, and how long Washington probate takes handles the duration question on its own page.

The Creditor Clock Starts at First Publication

Notice to creditors is optional in Washington. RCW 11.40.020(1) says a personal representative "may give notice," and then sets out what follows if the choice is yes: file the notice with the court, publish it once each week for three successive weeks in a legal newspaper in the county where the estate is administered, serve or mail actual notice on creditors who become known, and mail a copy including the decedent's social security number to the state Office of Financial Recovery. Proof of the giving and publication is filed by affidavit.

The reason to publish is RCW 11.40.051, and the section opens with a phrase worth reading twice: "Whether or not notice is provided under RCW 11.40.020," a claim is forever barred unless presented within these limits.

  • Creditor given actual notice: the later of 30 days after that service or mailing and four months after first publication, under subsection (1)(a).
  • Creditor not given actual notice and not reasonably ascertainable: four months after first publication, under (1)(b)(i).
  • Creditor not given actual notice who was reasonably ascertainable: 24 months after the date of death, under (1)(b)(ii).
  • No notice given under chapter 11.40 or 11.42 RCW at all: 24 months after the date of death, under (1)(c).

Skipping publication does not skip the clock. It swaps a four-month window for a two-year one, which is why a personal representative who wants to distribute inside the year publishes. Subsection (3) adds the sentence that matters most in a state with heavy nonprobate transfers: "This bar is effective as to claims against both the decedent's probate and nonprobate assets."

What It Costs to Open a Washington Probate

$290, statewide and flat, whatever the estate is worth. Washington does not band the filing fee by estate value and counties cannot vary it.

ComponentAmountSource
Fee on the first document in a probate proceeding$200RCW 36.18.020(2)(f)
Surcharge on filing fees$40RCW 36.18.020(5)(c)
Legacy project and judicial stabilization surcharge$50RCW 36.18.020(6)
Total to open the case$290

The $50 surcharge is recent. It was added by 2025 c 357, so a page still quoting $240 was written before that act took effect. Two smaller clerk fees come up constantly: filing a will or codicil under chapter 11.12 RCW costs $20 under RCW 36.18.016(27), and a certificate of qualification with a certified copy of letters costs $5 under RCW 36.18.016(9). That subsection numbering moved in 2026 c 33, so an older source citing 36.18.016(28) for the will fee is pointing at what is now (27).

A filer who cannot pay asks for a waiver on the statewide GR 34 forms, which the courts publish as the "Waive Civil Filing Fees" set. There is no statewide Washington judiciary fee schedule to look the rest up in. RCW 36.18.080 makes posting a per-county duty, requiring every county officer entitled to collect fees to keep "a plain and legible statement of the fees allowed by law" posted in the office, so the statute is the schedule and your county clerk's posted sheet is the local copy.

What the personal representative earns is not a percentage. RCW 11.48.210 allows compensation the court "shall deem just and reasonable" where the will provides none, and there is no schedule and no percentage anywhere in the section. A will that fixes compensation controls unless the personal representative files a written renunciation before qualifying. The same section prices attorney fees the same way, and lets the court deny compensation to a personal representative who failed to discharge the duties.

The $100,000 Small Estate Affidavit

RCW 11.62.010 skips probate entirely for personal property and debts. At any time after forty days from the date of death, a person who holds property of the decedent or owes the decedent money must pay or deliver it to a claiming successor who presents proof of death and a conforming affidavit.

The affidavit has to swear to nine things, and these four decide whether the route is open:

  • The value of the entire estate subject to probate, not counting the surviving spouse's or domestic partner's community property interest, wherever located and less liens and encumbrances, does not exceed one hundred thousand dollars.
  • Forty days have elapsed since the death.
  • No application or petition for appointment of a personal representative is pending or has been granted anywhere.
  • All debts, including funeral and burial expenses, have been paid or provided for.

The claiming successor must also have given written notice of the claim to all other successors at least ten days earlier, and must mail a copy of the affidavit, with the decedent's social security number, to the Office of Financial Recovery under subsection (5). Subsection (3) is what gives the affidavit its teeth: a transfer agent must re-register a security on it, and any government agency that issues certificates of ownership or license registration "shall issue" a new certificate on it.

Two limits define the route. It reaches personal property and debts, not Washington real estate, and Washington publishes no statewide form for it. The Washington small estate affidavit guide covers what a bank asks for and when nonintervention probate is the cheaper answer anyway.

When There Is No Will

RCW 11.04.015 splits the answer in two, because Washington splits the property in two. The surviving spouse or state registered domestic partner takes all of the decedent's share of the net community estate, and then a share of the separate estate that depends on who else survived: one-half if there is surviving issue, three-quarters if there is no issue but a parent or a parent's issue survives, and all of it if none of those survive.

Everything not going to the survivor descends down a ladder that stops sooner than most: issue of the decedent, then surviving parents, then issue of those parents, then grandparents split evenly between the maternal and paternal sides, then the issue of grandparents. The list ends there. The Washington intestate succession guide works the shares with examples and covers what happens past the last rung.

How Long It Takes, and the Contest Window

Nothing distributes safely before the four-month creditor window closes, and that window runs from first publication rather than from the death. At the far end, RCW 11.76.030(2), added by 2026 c 204, lets the court presume the estate is ready to be closed 24 months after appointment, and on request the court "shall order" the final report and petition for distribution by a date certain. A straightforward nonintervention estate with a house to sell usually lands between those markers, but Washington publishes no statewide case-length statistics, so treat any tighter figure as an estimate.

Anyone contesting the will works to a different clock. RCW 11.24.010 gives an interested person four months after the order probating or rejecting a will to file a petition, and then 90 days after filing to serve the personal representative personally. Miss the service window and the action "is deemed to not have been commenced" for tolling purposes.

Handling It Yourself

Washington leaves more room for that than most states, because a nonintervention estate rarely goes back before a judge. The tradeoff is that there is no packet to fill in. The state court forms index publishes statewide pattern forms for guardianship and conservatorship, and none at all for probate, decedents or estates, so probate pleadings in Washington are county-local or attorney-drafted. Check your county clerk's own page before drafting anything, and read Washington probate without a lawyer for the decision points that usually send people to counsel.

Washington's state estate tax is the one that catches families by surprise, because only a handful of states levy one. RCW 83.100.020(1)(a) keys the applicable exclusion amount to the date of death: $2,193,000 for deaths on or after July 1, 2018 and before July 1, 2025, $3,000,000 for deaths on or after July 1, 2025 and before January 1, 2026, $3,076,000 for deaths on or after January 1, 2026 and before July 1, 2026, and $3,000,000 for deaths on or after July 1, 2026. Look up the tier for your date of death rather than any single headline number, and treat the Washington tax as separate from the federal one.

An Out-of-State Decedent Who Owned Washington Property

Washington takes the case. RCW 11.96A.040(1)(c) reaches an estate "when a nonresident of the state dies outside the state," and RCW 11.96A.050(4) points a moved case to any county holding part of the probate estate, or where a nonprobate asset sits if there are no probate assets, or where the person died. The Washington ancillary probate guide covers what a personal representative appointed in another state has to do here to clear title to Washington land.

Frequently Asked Questions

What is probate in Washington?

Washington probate is the county Superior Court process that proves a will, appoints a personal representative, settles claims, and passes what is left to the heirs or beneficiaries. RCW 11.96A.040(1) gives the superior court of every county original subject matter jurisdiction over the probate of wills and the administration of estates, so there is no separate probate court in Washington and no probate division. Papers go to the county clerk, who is the clerk of the superior court.

What are nonintervention powers in Washington?

Nonintervention powers are the order that lets a personal representative finish the estate without going back to court. Under RCW 11.68.011(2) the court shall grant them if it finds the estate solvent, counting probate and nonprobate assets, and one of three tests is met, unless the will says the court should not grant them. RCW 11.68.085 then lets the personal representative administer and settle the estate without supervision or intervention by the court except as chapter 11.68 RCW otherwise provides.

Does Washington have a small estate affidavit?

Yes. RCW 11.62.010 lets a successor collect personal property and debts by affidavit at any time after forty days from the date of death, if the value of the estate subject to probate, not counting the surviving spouse's or domestic partner's community property interest and less liens and encumbrances, does not exceed one hundred thousand dollars. No personal representative may be appointed or pending, debts must be paid or provided for, and the claiming successor must give other successors ten days' written notice. Washington publishes no statewide form for it.

How much does it cost to file probate in Washington?

$290, statewide and flat, whatever the estate is worth. RCW 36.18.020(2)(f) sets a $200 fee on the first document in a probate proceeding, RCW 36.18.020(5)(c) adds a $40 surcharge, and RCW 36.18.020(6) adds a $50 surcharge. The $50 surcharge was added by 2025 c 357, so any page still quoting $240 predates it. Filing a will or codicil costs $20 under RCW 36.18.016(27), and a certificate of qualification with a certified copy of letters costs $5 under RCW 36.18.016(9).

How long does Washington probate take?

The floor is structural. Nothing distributes safely until the creditor window closes, and under RCW 11.40.051(1)(a)(ii) that window is four months from the date of first publication of the notice to creditors. At the other end, RCW 11.76.030(2), added by 2026 c 204, lets the court presume the estate is ready to be closed 24 months after the personal representative's appointment. Washington publishes no statewide case-length statistics, so treat any figure between those two markers as a range rather than a state number.

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.