Lack of probate affidavit washington state 2025

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Probate is not mandatory in Washington State, but in the majority of cases it is beneficial to file for probate, even if you do not need to. This is because complex estate issues arise frequently, and most people are not equipped to handle them without the assistance that probate provides.
Lack of probate affidavit means a signed and notarized document (by any heir)declaring that the affiant or affiants are the rightful heir or heirs to the property and containing the following information: (i) The names of the affiant or affiants; (ii) The relationship of the affiant or affiants to the decedent; (iii)
Probate proceedings are not necessary for all estates. Factors including the value, nature, and titling of assets de- termines whether a probate is required.
Is a Probate Necessary? Washington law: Does not require probate, but. Does require any Will to be filed with the Court within at most 40 days of death.
In Washington State, estates worth more than $100,000 usually need to go through probate. This value includes all property like houses, bank accounts, and personal items but does not count things like living trusts or jointly owned property. Smaller estates may not need probate, which can save time and money.
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Heres the good news! 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.
While Washington State does not require a probate to be filed, it does require that any Will be filed within 40 days of death. Not filing for probate can make it difficult or impossible to validate a will, meaning the estate could be treated as if the person died intestate.
If an estate is less than a states maximum limit to qualify for small estate status the family may be able to avoid that very tough process by filing a non-probate or small estate affidavit (or sworn statement attesting to the total value of the state and how the estate will be distributed by mutual agreement among

affidavit of transfer without probate