Washington Small Estate Affidavit
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FAQ
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.
Property that is jointly owned with a survivorship right will avoid probate. If one owner dies, title passes automatically to the remaining owner. There are three types of joint ownership with survivorship rights: Joint tenancy with rights of survivorship.
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.
Is Probate Required by Washington Law? Probate: Washington law does NOT require a probate proceeding to be filed following death, regardless of whether the Decedent died with or without a Will (ie, testate or intestate, respectively).
The Affidavit Lack of Probate (or ?No Probate?) is a factual confirmation which supports that the rightful heirs are entitled to their interest in the property after the passing of the Decedent. It is recognized in many Washington Counties as a way to clear the Decedent's name off title as an alternative to a probate.
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.
?Successors? include all persons who are entitled to claim property ing to the decedent's will or by virtue of all the laws of intestate succession. Send a copy of this affidavit to the Department of Social and Health Services, Office of Financial Recovery, PO Box 9501, Olympia, WA 98507-9501.
First, you must wait at least 40 days after your loved one has died before submitting the affidavit. Second, you are required to mail a copy of the affidavit, along with the decedent's social security number, to DSHS's Office of Financial Recovery, whose address is currently: P.O. Box 9501, Olympia, WA 98507-9501.