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Washington Probate Types: Nonintervention vs Supervised vs Affidavit

Washington sorts estates by two questions before anything else: is the estate solvent, and does it hold real property. A solvent estate normally takes nonintervention powers and leaves court behind after the first hearing, which is why Washington probate is cheaper and quieter than its reputation.

Compare eligibility, timing, court involvement, and local verification points

How to Compare Washington Probate Types

Every Washington estate belongs to the superior court of a county. 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 of that court is the filing counter. There is no separate probate court, no surrogate and no register of wills. The opening charge is the same everywhere: $290, from the $200 fee in RCW 36.18.020(2)(f) plus a $40 surcharge under (5)(c) and a $50 surcharge under (6).

What makes Washington unusual is the route almost everyone uses. Under RCW 11.68.011 a personal representative petitions for nonintervention powers, and unless the will directs otherwise the court shall grant them where it finds the estate solvent, counting both probate and nonprobate assets, and one of three qualifying conditions is met. After that grant the estate is settled with essentially no court supervision and closes on a declaration of completion of probate rather than on a court accounting. Copy that says a Washington court reviews each step is describing a supervised administration, which is the exception rather than the rule. RCW 11.68.011 was amended by 2026 c 204 effective June 11, 2026, so any description written before mid-2026 predates the current text.

Simplified Path vs Formal Path at a Glance

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CategorySimplified PathFormal PathWinner
What qualifies the estate$100,000 or less on the decedent's probate estate, net of liens and without the spouse's community half, and personal property onlySolvency plus one of the three conditions in RCW 11.68.011(2) for nonintervention powers; supervised administration has no gate at allFormal Path
Cost to open$0. Nothing is filed with a court, so no clerk fee attaches$290 flat, whatever the estate is worth, under RCW 36.18.020(2)(f), (5)(c) and (6)Simplified Path
Real propertyDisqualifying at any value. RCW 11.62.010 reaches indebtedness and personal property onlyHandled normally, and the reason most Washington estates with a house end up in courtFormal Path
Court involvementNone. The affidavit goes to the bank, the employer or the licensing agency, never to a clerkOne hearing to appoint and grant nonintervention powers, then essentially none until closing; a supervised estate returns for the final report and the decree of distributionSimplified Path
Protection against creditorsNone from the statute. Without a published notice to creditors the RCW 11.40.051 bar runs 24 months from the death, and the successor swears the debts are paid or provided forA published notice starts the four-month bar, and RCW 11.40.051(3) makes it effective against nonprobate assets as well, which is broader than most statesFormal Path
TimelineUsually 2 to 3 months, floored by the 40-day wait and the 10-day notice to other successorsUsually 6 to 12 months with nonintervention powers, and commonly 12 to 24 months under supervisionSimplified Path
What does not changeThe debts still have to be paid, the community-property split under RCW 11.02.070 still applies, and a copy of the affidavit still goes to the Office of Financial RecoveryThe same community-property split, the same duty to pay debts in the RCW 11.76.110 order, and the same $5 charge for each certified copy of the lettersTie

Main Washington Probate Options

Nonintervention Administration

RCW 11.68.011 (petition for nonintervention powers)

The ordinary solvent Washington estate, whether or not there is a will

Threshold: No dollar threshold. The gate is solvency, judged on probate and nonprobate assets together, plus one of the three qualifying conditions in RCW 11.68.011(2), and the will must not direct that the powers be withheld.

Filing Fee: $290 to open, from RCW 36.18.020(2)(f) plus the (5)(c) and (6) surcharges, and little else in court charges after that

Timeline: Usually 6 to 12 months

Real Estate: Yes

Attorney: No statutory requirement; counsel is usual because Washington publishes no statewide probate forms and the practice is pleading-driven

Supervised Administration

Chapter 11.76 RCW

An insolvent estate, a contested one, or an estate where the beneficiaries want the court looking at every step

Threshold: No threshold. This is where an estate lands when nonintervention powers are not sought, are refused, or are later vacated or restricted, including on a finding of insolvency under RCW 11.68.080.

Filing Fee: $290 to open, plus the cost of publishing and mailing the hearing notice

Timeline: Commonly 12 to 24 months. RCW 11.76.030(2), added by 2026 c 204, lets the court presume an estate is ready to close 24 months after the appointment and order the final report by a date certain

Real Estate: Yes

Attorney: No statutory requirement; counsel is the norm here because the estate keeps returning to court

Small Estate Affidavit

RCW 11.62.010 (no statewide form; the affidavit is drafted to subsection (2))

A modest estate of accounts, wages, vehicles and belongings with no Washington real property in it

Threshold: $100,000 or less, measured on the decedent's entire estate subject to probate wherever located, less liens and encumbrances, and excluding the surviving spouse's or surviving domestic partner's community property interest in assets subject to probate. Personal property and debts only.

Filing Fee: $0. No petition, no clerk and no case, so nothing in RCW 36.18.020 or RCW 36.18.016 attaches

Timeline: Usually 2 to 3 months, floored by the 40-day wait and the 10-day notice to other successors

Real Estate: No

Attorney: No

Adjudication of Testacy or Intestacy and Heirship

RCW 11.28.340, on an application under RCW 11.20.020 or RCW 11.28.110 that seeks no appointment

An estate where nothing needs administering and the only question is who inherits the land or the accounts

Threshold: No dollar threshold. Available where nobody needs to be appointed to act and the only task is to establish who owns what.

Filing Fee: $290 to open

Timeline: Usually 4 to 6 months

Real Estate: Yes

Attorney: No statutory requirement; worth counsel where title has to satisfy a lender or a title company

Transfer on Death Deed

Chapter 64.80 RCW; requirements at RCW 64.80.060

An owner who wants the house to pass outside probate while keeping the right to sell or mortgage it

Threshold: Not a probate route. Planning done during life, under the Uniform Real Property Transfer on Death Act Washington enacted in 2014.

Filing Fee: County auditor recording, about $296 to $298 for a single page once the statutory surcharges in RCW 36.22.250 and RCW 36.22.185 are added, plus $1 per additional page. Not a court charge

Timeline: Effective at the death of the transferor, with no probate step

Real Estate: Yes, and only real property

Attorney: No, though the creditor exposure below is worth a review before recording

* Washington charges one flat statutory amount to open a probate and it does not move with the value of the estate. RCW 36.18.020(2)(f) sets a $200 fee on the first document filed in a probate proceeding, RCW 36.18.020(5)(c) adds a $40 surcharge and RCW 36.18.020(6) adds a $50 surcharge, for $290 in every one of the 39 county superior courts. There is no bracket table, no percentage and no probate tax anywhere in chapter 36.18 RCW, so a $50,000 estate and a $50,000,000 estate pay the same. The $50 surcharge was added by 2025 c 357 effective July 27, 2025, so a source quoting $240 predates it and a source quoting $200 has dropped both surcharges. The small estate affidavit under RCW 11.62.010 involves no court filing at all and therefore no court fee. A certificate of qualification with a certified copy of the letters is $5 under RCW 36.18.016(9), with no free allowance written into the section.

Unfamiliar terms in the comparison? The Washington probate glossary defines them in plain language.

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Frequently Asked Questions

What are the main Washington probate types?
Two court routes, one out-of-court affidavit, and two things that sit beside them. Nonintervention administration under RCW 11.68.011 is the normal route: after the court grants the powers to a solvent estate, the personal representative settles it with essentially no supervision. Supervised administration under chapter 11.76 RCW is what happens when those powers are not sought, are refused, or are later restricted. The small estate affidavit under RCW 11.62.010 skips court entirely for personal property up to $100,000. Beside those, an adjudication of testacy or intestacy and heirship under RCW 11.28.340 establishes ownership without appointing anyone, and a transfer on death deed under chapter 64.80 RCW keeps real property out of probate altogether.
What is nonintervention administration in Washington?
It is the reason Washington probate is lighter than most. Under RCW 11.68.011 the personal representative petitions for nonintervention powers, and unless the will directs otherwise the court shall grant them if it finds the estate solvent, taking probate and nonprobate assets into account, and one of three things is true: the petitioner was named as personal representative in the probated will; or the decedent died intestate, the petitioner is the surviving spouse or domestic partner, the estate is community property only and there is no issue of the decedent who is not also the issue of that spouse or partner; or the personal representative was not a creditor of the decedent and administration with the powers would be in the best interests of the beneficiaries and creditors, which is presumed until someone entitled to notice under RCW 11.68.041 rebuts it. A person appointed under RCW 11.28.120(3) as a suitable stranger cannot have the powers unless they are an institutional fiduciary.
Does Washington have a small estate affidavit?
Yes, and unlike the simplified routes in many states it is not a court proceeding. RCW 11.62.010 lets a claiming successor present proof of death and a sworn affidavit directly to a bank, an employer, a transfer agent or a licensing agency more than 40 days after the death, and that holder must pay or deliver. The ceiling is $100,000 on the decedent's entire estate subject to probate, net of liens and encumbrances and excluding the surviving spouse's or domestic partner's community property interest. It reaches personal property and debts only, and Washington publishes no statewide form for it.
Does real estate change which Washington probate route applies?
It decides one of them. Washington real property closes the RCW 11.62.010 affidavit at any value, because that section reaches indebtedness and personal property only. It does not close the court routes: a nonintervention administration handles land without difficulty, and an adjudication of heirship under RCW 11.28.340 can establish who owns it without appointing anyone. Owners who want to avoid the question entirely record a transfer on death deed under chapter 64.80 RCW during life, remembering that RCW 64.80.120 leaves the beneficiary answerable for allowed claims against the probate estate and for the statutory awards to a surviving spouse and children.
How much does it cost to open probate in Washington?
$290, the same in all 39 county superior courts and the same at every estate value. The components are the $200 probate filing fee in RCW 36.18.020(2)(f), a $40 surcharge under (5)(c) and a $50 surcharge under (6). Washington has no value bands, no percentage fee and no probate tax, so the number never scales with the estate. The $50 surcharge is new as of July 27, 2025 under 2025 c 357, which is why so many third-party pages still say $240. Order certified copies of the letters at the outset: RCW 36.18.016(9) charges $5 for a certificate of qualification with a certified copy, and the section grants no free allowance.
Is a bond required for a Washington personal representative?
Often not. RCW 11.28.185 removes the requirement where the terms of the will manifest an intent that no bond or other security be required; where the personal representative is the surviving spouse or surviving domestic partner and the whole estate, after expenses and creditor claims, will be distributable to that spouse or partner; and where a bank or trust company authorised to act as personal representative is appointed. A bond is required where the court appoints a suitable person under RCW 11.28.120(3) who is not an institutional fiduciary, in an amount commensurate with the major probate assets. The premium is a surety-market price and no Washington official source publishes a rate.
Does a Washington personal representative have to file an inventory or an accounting?
An inventory, yes, but filing it is a different question. RCW 11.44.015 requires a verified inventory and appraisement within three months of appointment, with encumbrances and secured charges stated and each item valued at its fair net value as of the date of death. Subsection (2) then says it may, but need not, be filed in the probate cause; what is mandatory is furnishing a copy within 10 days to any heir, legatee, devisee, claim-filing creditor, contribution-seeking nonprobate beneficiary or the Department of Revenue who asks in writing. On accounting, a nonintervention estate ordinarily files none: RCW 11.68.110(1)(g) has the personal representative declare the fees and state that they do not intend to submit an accounting for court approval. A supervised estate files the final report and petition for distribution under RCW 11.76.030.
How long do Washington creditors have to file a claim?
Four months from the date of first publication of the notice to creditors under RCW 11.40.051, and publication is optional in the first place under RCW 11.40.020(1). A creditor given actual notice gets the later of 30 days from that service and the same four months. Where no notice was given, or a reasonably ascertainable creditor was not actually noticed, the bar is 24 months from the date of death. Two Washington points make publishing worth its cost: RCW 11.40.051(3) makes the bar effective against both probate and nonprobate assets, which is broader than most states, and RCW 11.40.010 stops a claimant suing at all unless a personal representative has been appointed and the claim presented as chapter 11.40 RCW requires.
Does Washington charge an estate or inheritance tax?
One of the two. Washington levies no inheritance tax, so a beneficiary owes the state nothing on what they receive. Washington does have its own estate tax under chapter 83.100 RCW, imposed by RCW 83.100.040 and filed on the Washington State Estate and Transfer Tax Return. The applicable exclusion amount in RCW 83.100.020(1)(a) is keyed to the date of death rather than the filing date, and for a death today it is $3,000,000. That is a tax administered by the Department of Revenue, paid by the estate, and it has nothing to do with the $290 court filing fee.

Important: A Washington estate is filed in the superior court of the county where the decedent lived, and the county clerk of that court takes the money and the paperwork. There is no cheaper county: RCW 36.18.020 tells the clerks they shall collect the $200 fee and that both surcharges must be collected, and RCW 36.18.060 requires payment in advance. Twelve counties share superior court judges in five joint judicial districts under RCW 2.08.064 and RCW 2.08.065, but a shared judge is not a shared filing office, so all 39 counties keep their own clerk and their own counter. What does differ locally sits outside the fee statute. Washington publishes no statewide probate forms at all, so each county superior court and clerk issues its own packet. Newspaper publication of the notice to creditors is priced by the newspaper, not by any statute. A permissive $30 charge for processing an ex parte order under RCW 36.18.016(12) is one some clerks collect and others do not. And recording a deed goes to the county auditor rather than the clerk, under a different statute with much larger surcharges.

Legal Authority: RCW 11.96A.040 (original jurisdiction in the superior court of every county); RCW 11.68.011 (settlement without court intervention); RCW 11.68.100 and RCW 11.68.110 (closing by decree or by declaration of completion); chapter 11.76 RCW, in particular RCW 11.76.010 and RCW 11.76.030 (supervised administration, the 30-day notice report and the final report); RCW 11.62.010 (small estate affidavit); RCW 11.28.110, RCW 11.28.120 and RCW 11.28.340 (applications, priority for letters, and adjudication of testacy or intestacy and heirship); RCW 11.20.020 (probate of a will); RCW 11.28.185 (when no bond is required); RCW 11.44.015 (inventory within three months); RCW 11.40.020 and RCW 11.40.051 (notice to creditors and the claim bar); RCW 11.02.070 (community property); chapter 64.80 RCW (transfer on death deed); RCW 36.18.020(2)(f), (5)(c) and (6) (the filing fee and its surcharges). Last Verified: August 2026.

SourcesOfficial references used for this page

This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.

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