When Is Probate Required in Washington State? Key Rules & Exceptions

Losing a loved one is hard enough without having to sort through the legal process of settling their estate. If you’re dealing with this situation, you might be wondering: Do you have to go through probate? The answer depends on a few factors. While probate is required for some estates, others qualify for exceptions that let you avoid it altogether.

At Jackman Law Firm, we know how confusing this process can be. Since 2014, we’ve helped Washington families understand their legal options, making estate administration as smooth as possible. Let’s walk through when probate is required, when it’s not, and what makes Washington’s probate process different from other states.

When Is Probate Required in Washington?

Probate is usually necessary when someone passes away, owning assets solely in their name. Without a co-owner or a named beneficiary, these assets don’t automatically transfer to someone else. Instead, the court oversees the process of settling debts and distributing what’s left to heirs or beneficiaries.

Assets That Usually Require Probate

Certain types of property typically trigger probate, including:

• Real Estate – If the deceased owned a home, land, or any real property in their name alone, probate is required to transfer ownership.
• Bank Accounts & Investments – Accounts held solely in the deceased’s name, without payable-on-death (POD) or transfer-on-death (TOD) designations, must go through probate.
• Vehicles & Personal Property – If the total value of personal assets exceeds $100,000 and they weren’t co-owned, probate is required.

The Role of a Will in Probate

A will outlines how a person’s assets should be distributed after death, but it doesn’t automatically eliminate the need for probate. The court must validate the will and ensure it’s carried out properly. If someone dies without a will (intestate), probate is still required to distribute their estate according to Washington’s intestacy laws.

Steps Involved in Probate

When probate is required, the process usually includes:

1. Filing a Petition – The executor named in the will (or an appointed administrator if no will exists) submits the estate to probate court.
2. Notifying Creditors & Beneficiaries – The executor informs creditors and beneficiaries about the probate proceedings.
3. Paying Debts & Taxes – Outstanding debts, funeral expenses, and taxes must be settled before distributing assets.
4. Distributing Assets—After debts are paid off, the remaining assets are passed to heirs or beneficiaries according to the will or state law.

When Probate May Not Be Required

Not every estate has to go through probate. Washington law provides some exceptions that allow assets to transfer more easily.

Small Estate Affidavit

Washington allows heirs to use a Small Estate Affidavit if the deceased’s estate meets these conditions:

• The total value of personal property is under $100,000.
• No real estate is involved.
• At least 40 days have passed since the death.

This option lets heirs collect assets without going through formal probate, simplifying the process significantly.

Non-Probate Assets

Some assets bypass probate entirely because they already have a designated beneficiary or co-owner. These include:

• Jointly Owned Property – Assets held in joint tenancy with right of survivorship automatically transfer to the surviving owner.
• Revocable Living Trusts – If assets are placed in a trust, they can be passed directly to beneficiaries without court involvement.
• Payable-on-Death (POD) & Transfer-on-Death (TOD) Accounts – Many bank and investment accounts allow owners to name beneficiaries who receive the funds after their death.
• Life Insurance & Retirement Accounts – Policies and retirement plans with designated beneficiaries avoid probate.
• Community Property Agreements – Married couples in Washington can sign a Community Property Agreement to ensure assets transfer to the surviving spouse without probate.

Community Property Considerations

Washington is a community property state, meaning most assets acquired during a marriage belong to both spouses equally. If a couple has a Community Property Agreement, probate may not be necessary to transfer ownership. Without this agreement, however, probate might still be required to clarify ownership rights.

Washington’s Unique Probate Process

Washington differs from other states in a few key ways when it comes to probate.

No Mandatory Probate Filing

Unlike some states, Washington does not require probate for every estate. It’s typically up to an interested party (executor, heir, or creditor) to initiate the process when necessary.

Filing the Will

Even if probate isn’t required, Washington law requires the original will to be filed with the Superior Court in the county where the deceased lived within 40 days of death. This ensures the document is preserved in case any legal issues arise later.

Simplified Probate (Non-Intervention Wills)

Washington allows a simplified probate process for estates where the will include a non-intervention clause. This provision lets the executor handle estate matters with minimal court supervision, making the process faster and less expensive.

Why Understanding Probate Matters

Knowing whether probate is required can save time, money, and stress. If an estate isn’t handled properly, legal disputes among heirs and unpaid debts can cause unnecessary delays. Being informed about Washington’s probate laws helps families avoid these complications and ensure assets are distributed correctly.

Failing to address probate when it’s required can also lead to legal challenges. For example:

• Heirs may face delays in receiving their inheritance.
• Creditors could file claims against the estate.
• Real estate transfers may be complicated if ownership isn’t properly recorded.

Seeking legal guidance ensures that all legal requirements are met and that the estate is handled as efficiently as possible.

Need Help with Probate or Estate Planning in Washington State?

Settling an estate doesn’t have to be complicated. At Jackman Law Firm, we help families handle probate, draft wills, and create estate plans that protect their loved ones. Our goal is to make estate administration as smooth and stress-free as possible.

If you have questions about probate in Washington or need legal assistance, we’re here to help. Contact us today for a consultation, and let’s discuss the best path forward for your family.

Call us at 206-558-5555 or visit our Contact Us page to schedule your consultation.