Cowlitz County Superior Court Clerk Guide

An OUT-OF-COURT procedure. More than 40 days after the death, a claiming successor gives proof of death and a sworn affidavit to whoever holds the decedent's personal property or owes the decedent a debt, and that person must pay or deliver. A transfer agent must re-register a security and a government agency that issues certificates of ownership or licence registration must issue a new certificate on the same showing, and no release from any Washington state or local taxing authority may be required first.

• 40 days have elapsed since the death
• The value of the entire estate subject to probate, net of liens and encumbrances and excluding the surviving spouse's or domestic partner's community property interest, does not exceed $100,000
• No application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction
• All debts of the decedent, including funeral and burial expenses, have been paid or provided for
• Written notice of the claim was given to all other successors, by personal service or mail, at least 10 days earlier
• A copy of the affidavit, including the decedent's social security number, is mailed to the DSHS Office of Financial Recovery (RCW 11.62.010(5))

Qualifies:

$100,000 or less. The test is the value of the decedent's entire estate subject to probate wherever located, net of liens and encumbrances, EXCLUDING the surviving spouse's or surviving domestic partner's community property interest in assets subject to probate, and 40 days must have passed since the death. Personal property and debts only.

Typical duration:

2-3 months

Attorney:

not required by law, though many families use one

TWO WASHINGTON-SPECIFIC POINTS. First, the community-property exclusion materially widens this route for a married decedent, because only the decedent's half of the community estate counts against the $100,000 - a couple's $180,000 community estate can still qualify. Second, THIS AFFIDAVIT CANNOT TRANSFER WASHINGTON REAL ESTATE at any value; RCW 11.62.010 reaches personal property and debts only. Where a house is the thing that has to move, the ordinary answer is the RCW 82.45.197 lack of probate affidavit, given to the county treasurer and recorded with the county auditor, or an adjudication of heirship under RCW 11.28.340. RCW 11.62.010(5) also requires a copy of the affidavit, including the decedent's social security number, to be mailed to the DSHS Office of Financial Recovery, so this route does not keep an estate out of the state's view. WHETHER THE COWLITZ COUNTY CLERK ACCEPTS THIS AFFIDAVIT FOR FILING, AND AT WHAT CHARGE, WAS NOT ESTABLISHED. The county's published schedule does not answer it either way, and Washington counties genuinely differ: Clallam and Lewis each charge $20 to file one, while Grant and Franklin state on their own schedules that it is not filed with the clerk at all. Ask the county clerk before assuming.

The court supervises the administration under chapter 11.76 RCW. The personal representative reports, pays debts in the RCW 11.76.110 order, files a final report and petition for distribution, publishes and mails notice of the hearing at least 20 days ahead, and obtains a decree of distribution. RCW 11.76.030(2), added by 2026 c 204 s 11, lets the court presume 24 months after appointment that the estate is ready to be closed and order the final report by a date certain.

• The same opening steps as a nonintervention administration
• Final report and petition for distribution (RCW 11.76.030)
• One publication of hearing notice at least 20 days before the hearing, plus mailed notice to each known heir, legatee, devisee and distributee not less than 20 days before (RCW 11.76.040)
• Decree of distribution and discharge

Qualifies:

No dollar threshold. This is what happens where nonintervention powers are not sought, are refused, or are later vacated or restricted, for example on the estate's insolvency under RCW 11.68.080.

Filing fee:

$290

source

Typical duration:

12-24 months

Attorney:

not required by law, though many families use one

Same $290 filing fee as any other probate; the route does not change the fee.

This is Washington's normal route and its signature procedure. The personal representative petitions for NONINTERVENTION POWERS, and unless the will directs otherwise the court shall grant them on finding the estate solvent - counting both probate and nonprobate assets. After the grant the representative administers and settles the estate 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 supervises each step of an ordinary estate is wrong.

• Petition for probate of the will and for letters, or for letters of administration (RCW 11.20.020; RCW 11.28.110)
• Petition for nonintervention powers, with notice under RCW 11.68.041 where required
• Notice of appointment to heirs, legatees, devisees and nonprobate beneficiaries within 20 days (RCW 11.28.237(1))
• File a report confirming notice to third parties within 30 days of appointment (RCW 11.76.010(1), added by 2026 c 204 s 10)
• Make an inventory and appraisement within 3 months of appointment; it need NOT be filed, but a copy must go to anyone entitled who asks, within 10 days (RCW 11.44.015)
• Publish notice to creditors only if you choose to shorten the creditor window (RCW 11.40.020)
• Close by decree under RCW 11.68.100 or by declaration of completion under RCW 11.68.110

Qualifies:

No dollar threshold. The gate is SOLVENCY plus one of the three qualifying relationships in RCW 11.68.011(2), and the absence of a direction in the will that the court not grant the powers.

Typical duration:

6-12 months

Attorney:

not required by law, though many families use one

RCW 11.68.011 was amended by 2026 c 204 s 9, effective 11 June 2026, so any description of Washington nonintervention powers written before mid-2026 predates the current section. A personal representative appointed under RCW 11.28.120(3) - the suitable person a court may appoint after 90 days of family inaction - may not be granted nonintervention powers unless they are an entity described in RCW 11.36.010(2) or (3).

The court supervises the administration under chapter 11.76 RCW. The personal representative reports, pays debts in the RCW 11.76.110 order, files a final report and petition for distribution, publishes and mails notice of the hearing at least 20 days ahead, and obtains a decree of distribution.

• The same opening steps as a nonintervention administration
• Final report and petition for distribution (RCW 11.76.030)
• One publication of hearing notice at least 20 days before the hearing, plus mailed notice to each known heir, legatee, devisee and distributee not less than 20 days before (RCW 11.76.040)
• Decree of distribution and discharge

Qualifies:

No threshold. This is what happens where nonintervention powers are not sought, are refused, or are later vacated or restricted - for example on the estate's insolvency under RCW 11.68.080.

Attorney:

not required by law, though many families use one

Washington lets the court establish a will, or establish intestacy and heirship, WITHOUT appointing a personal representative. Four months after entry of the order and the mailing or service of the RCW 11.28.330 notice, absent a challenge, the order is deemed the equivalent of a final decree of distribution as to those who waived or received notice. This is the route a title company will often accept where it will not accept a lack of probate affidavit.

• An application under RCW 11.20.020, or a petition under RCW 11.28.110, that does not seek appointment of a personal representative
• Notice under RCW 11.28.330
• Four months without a later will being offered, a contest, or a challenge to the determination of heirship

Qualifies:

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

Typical duration:

4-6 months

Attorney:

not required by law, though many families use one

The heirs' right to receive the assets still ranks behind the decedent's creditors and behind anyone entitled to a homestead award, an award in lieu of homestead, or a family allowance, and anyone may still obtain the appointment of a personal representative later for good cause.

Washington enacted the Uniform Real Property Transfer on Death Act as chapter 64.80 RCW. The deed is revocable, nontestamentary, transfers nothing during the transferor's life, and needs no notice to, delivery to, acceptance by, or consideration from the beneficiary. It must be recorded in the office of the auditor of the county where the property is located before the transferor dies; recording it afterwards does nothing.

• The essential elements and formalities of a properly recordable inter vivos deed (RCW 64.80.060(1))
• A statement that the transfer to the designated beneficiary is to occur at the transferor's death (RCW 64.80.060(2))
• Recording BEFORE the transferor's death with the auditor of the county where the property is located (RCW 64.80.060(3))

Qualifies:

Not applicable. A transfer on death deed recorded with the county auditor BEFORE the transferor's death passes the described real property outside probate.

Typical duration:

Immediate at the transferor's death

Attorney:

not required by law, though many families use one

RECORDING ONE DOES NOT PUT THE HOUSE BEYOND CREDITORS OR THE FAMILY. RCW 64.80.120 makes the beneficiary liable for an allowed claim against the transferor's probate estate and for the statutory allowances to a surviving spouse and children, to the extent provided in RCW 11.18.200, RCW 11.42.085 and chapter 11.54 RCW. Washington publishes no statutory or court form for a transfer on death deed, so no form number is stored.