Garfield County Superior Court Clerk Guide

AN OUT-OF-COURT PROCEDURE, so nothing is filed with the county clerk and nothing is paid to the court. 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 any governmental agency that issues certificates of ownership or license registration must issue a new certificate on the same showing. THE $100,000 CEILING EXCLUDES THE SURVIVING SPOUSE'S OR DOMESTIC PARTNER'S COMMUNITY PROPERTY INTEREST in assets subject to probate, which is Washington-specific and materially widens the route for a married decedent: a couple's $180,000 community estate can qualify because only the decedent's half counts. IT CANNOT MOVE REAL ESTATE at any value — RCW 11.62.010 reaches personal property and debts only.

• The decedent was a Washington resident at death
• The value of the entire estate subject to probate, wherever located, net of liens and encumbrances and EXCLUDING the surviving spouse's or domestic partner's community property interest, does not exceed $100,000
• Forty days have elapsed since the death
• 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

Typical duration:

1-3 months

Attorney:

not required by law, though many families use one

NO STATEWIDE FORM EXISTS and none is asserted here. The $100,000 figure has stood since 7 June 2006 (2006 c 360 s 16 raised it from $60,000) and carries no indexing mechanism, so it is not date-of-death banded. The court fee is $0 because there is no court filing; where a clerk offers to file an affidavit as a courtesy that is a separate county service charge, not a probate filing fee.

This is Washington's normal route and it looks nothing like supervised probate. A personal representative is appointed, then petitions for NONINTERVENTION POWERS; unless the will directs otherwise the court shall grant them once it finds the estate solvent, counting both probate and nonprobate assets. After the grant the representative administers and settles the estate with essentially no court supervision, files no accounting, and closes on a declaration of completion of probate under RCW 11.68.110 or a decree under RCW 11.68.100. Copy that says 'the court supervises each step' is wrong for Washington. Washington is also a COMMUNITY PROPERTY state, so one-half of the community property is confirmed to a surviving spouse or domestic partner under RCW 11.02.070 and is not the decedent's to give away, while the whole of it still passes through the administration for debts and family awards.

• Deliver the will to the court or to the named executor within 30 days of learning of the death (RCW 11.20.010)
• 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 (RCW 11.68.011)
• Give notice of appointment to heirs, legatees, devisees and nonprobate beneficiaries within 20 days (RCW 11.28.237(1))
• File the 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 three months of appointment; it need not be filed, but a copy must go to anyone entitled who asks in writing, within ten days (RCW 11.44.015)
• Publish notice to creditors only if you want to shorten the claim window (RCW 11.40.020)
• Close by declaration of completion of probate (RCW 11.68.110) or by decree (RCW 11.68.100)

Qualifies:

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

Filing fee:

$290

Typical duration:

6-12 months

Attorney:

not required by law, though many families use one

No form number is stored because Washington publishes NO statewide probate forms. www.courts.wa.gov/forms/ lists 90 categories and not one mentions probate, decedent, estate or will; Washington's nonintervention practice is pleading-driven and the documents are county-local or attorney-drafted. RCW 11.68.011 was amended by 2026 c 204 s 9 effective 11 June 2026, so any third-party description written before mid-2026 predates the current text.

This is Washington's signature procedure and its normal route. A personal representative petitions for NONINTERVENTION POWERS, and unless the decedent's will directs otherwise the court SHALL grant them if it finds the estate solvent - taking both probate and nonprobate assets into account - and one of three things is true. 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.

• 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))
• Report confirming notice to third parties within 30 days of appointment (RCW 11.76.010(1))
• Inventory and appraisement within 3 months of appointment (RCW 11.44.015)
• Notice to creditors if the representative chooses 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 three qualifying relationships in RCW 11.68.011(2), and the absence of a will provision directing that the court not grant the powers.

Attorney:

not required by law, though many families use one

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 effective 11 June 2026, lets the court presume 24 months after appointment that the estate is ready to be closed and order the final report filed 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 (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.

Typical duration:

12-24 months

Attorney:

not required by law, though many families use one

Same $290 filing fee. The difference between this route and nonintervention powers is court oversight, not cost.

Washington lets the superior 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. 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.

• 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 of the adjudication, 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

This is a probate case initiation, so the $290 filing fee applies.

Washington enacted the Uniform Real Property Transfer on Death Act as chapter 64.80 RCW (2014 c 58). An individual may transfer property to one or more beneficiaries effective at death by a transfer on death deed. The deed is revocable, is nontestamentary, transfers nothing during the transferor's life, and needs no notice to, delivery to, acceptance by, or consideration from the beneficiary.

• 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 in the public records in the office of the auditor of the county where the property is located (RCW 64.80.060(3))

Qualifies:

Not applicable. A transfer on death deed recorded before the transferor's death passes the described real property outside probate.

Attorney:

not required by law, though many families use one