Washington offers two probate shortcuts. These procedures save time and money and make it easier for survivors to collect property left by a person who has died. You might be able to transfer a large amount of property using simplified probate procedures or without using any probate court proceedings at all.
Here are the ways you can skip or speed up probate. (If you use the affidavit procedure, there's no need to use the simplified probate procedure.)
Washington has a procedure that allows inheritors to skip probate altogether when the value of all the assets left behind is less than a certain amount. Note that even fairly sizable estates can qualify for this procedure if much of the estate is made up of nonprobate assets—that is, assets that don't require probate in the first place.
All an inheritor has to do is prepare a short document claiming entitlement to a certain asset. This document, signed under oath, is a small estate affidavit. When the person or institution holding the property—for example, a bank where the deceased person had an account—gets the affidavit and a copy of the death certificate, it releases the asset.
The out-of-court affidavit procedure is available for personal property—not real estate—in Washington if:
(Wash. Rev. Code §§ 11.62.005, 11.62.010 (2024).)
The small estate affidavit must state all of the above points. It also must include your name and address and a description of the personal property you're requesting. You also need to give the department of social and health services a copy of the affidavit and the deceased person's Social Security number. (Wash. Rev. Code § 11.62.010 (2024).)
Within its regular probate process, Washington offers a simplified version of probate that's available to many estates. This procedure is called "nonintervention administration." A personal representative with nonintervention powers can administer the estate without the court's supervision. If you use this simplified procedure, you can also skip some of the steps of regular probate. (Wash. Rev. Code §§ 11.68.085, 11.68.090 (2024).)
If a will exists, a personal representative (also called an "executor") of the estate can petition the local probate court ("superior court" in Washington) for nonintervention administration.
When there's a will, the court shall grant nonintervention administration if:
(Wash. Rev. Code § 11.68.011 (2024).)
If there's no will, a surviving spouse or domestic partner can make the request for nonintervention administration. The court shall grant nonintervention administration if:
(Wash. Rev. Code § 11.68.011 (2024).)
A personal representative who doesn't meet the above standards needs to give notice of the petition for nonintervention administration ten days before a hearing on the petition. The notice must be sent to all heirs, beneficiaries of gifts in the will, and others who have requested notice—such as creditors of the deceased person. (Wash. Rev. Code §§ 11.28.240, 11.68.041 (2024).)
During nonintervention administration, the personal representative collects the assets of the estate, distributes assets to beneficiaries, pays claims against the estate, and files an accounting. The personal representative has extensive powers, including the powers to borrow money on the estate's credit and to mortgage the deceased person's real estate. (Wash. Rev. Code § 11.68.090 (2024).)
The personal representative can file an application for a court order to close the estate. This order either:
(Wash. Rev. Code § 11.68.100 (2024).)
The application must state the amount of money being requested for the services of the personal representative, attorneys, and other professionals (like accountants or appraisers). The personal representative must give notice to all inheritors and known creditors before filing this application. (Wash. Rev. Code § 11.68.100 (2024).)
If the personal representative doesn't file an application for a court order, the personal representative must file a declaration that states:
Within five days of filing this declaration, the personal representative must mail a copy of the declaration to each heir and beneficiary. The mailing must include specific language that explains the declaration's purpose and power. (Wash. Rev. Code § 11.68.110 (2024).)
For help determining if an estate qualifies for one of these probate shortcuts, or handling an estate in general, see The Executor's Guide, by Mary Randolph (Nolo) or Estate Planning Basics, by Denis Clifford (Nolo).