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The Court Clerk's office will accept a Small Estate Affidavit for filing with the Court for a filing fee of $20.
Washington State does NOT always require a probate proceeding. Estates with less than $100,000 in assets can often avoid probate provided there are no liens on the property or unpaid debts. This is the small estate affidavit process.
Washington State law DOES NOT REQUIRE Probate. Probate is discretionary. Practically speaking only a small percent of deaths in Washington result in a Probate being filed.
The only assets that are subject to probate (Decedent's ?probate assets?) are those held in Decedent's name without designated beneficiaries (other than his/her estate) on death. Examples of Probate Assets: Decedent's personal property inherited upon the deaths of his/her parents, as his/her separate property.
This page describes what some of those reasons might be.By far, the most common reason for probate is that the Decedent died holding: Any real property titled in his or her own name, or. Personal property (usually a cash or securities account) titled in his or her own name whose value exceeds $100,000.
The Small Estate Affidavit. Washington law permits the use of a small estate affidavit in certain circumstances. Before using a small estate affidavit, you should first ask whether the deceased person had less than $100,000 in probate assets. If they did, you can probably use this process.
Ing to the disposition of personal property statute RCW 11.62. 010(1) from WA State Law, you can apply for a small estate affidavit only forty days after a deceased person's death. If there are any estate debts left, you must handle them beforehand.
One of the most effective ways to avoid probate is to establish a living trust. Property is transferred to the trust, and these assets are overseen by a trustee who is charged with managing the trust for the benefit of the designated beneficiaries.