Updated September 4, 2026. Quick answer: in Washington, an estate can use affidavit for collection of personal property when the qualifying value is $100,000 or less. Whether real property passes that way is not settled in the official text we could read this session; treat that as an open question, not a yes.
What this guide covers
Whether probate is required in Washington turns on two questions: does the estate qualify for a small-estate shortcut, and does that shortcut reach whatever real property is involved. This page answers both for Washington, with the statute cited, and then covers what full probate costs if the shortcut does not apply.
The affidavit route, and its limit
Washington’s route: affidavit for collection of personal property, under RCW § 11.62.010.
$100,000 value of the entire estate subject to probate, excluding the surviving spouse’s or domestic partner’s community property interest, less liens and encumbrances.
That the value of the decedent’s entire estate subject to probate, not including the surviving spouse’s or surviving domestic partner’s community property interest in any assets which are subject to probate in the decedent’s estate, wherever located, less liens and encumbrances, does not exceed one hundred thousand dollars;
Source: RCW § 11.62.010
The real-estate problem
What could not be verified: RCW 11.62.010 states the value test without addressing real property in the text read. We are not printing a yes-or-no here because we do not have the text to support one. Check with Washington’s probate court or a local attorney before relying on the small-estate route for real property.
If a trust fits your situation in Washington
In Washington the statute does not clearly settle whether the small-estate route reaches real property, which is itself a reason not to lean on it for a house; a funded revocable living trust removes the ambiguity, and LawDepot builds a state-specific one.
Build a living trust at LawDepot
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What probate costs in Washington if it is required
Washington’s probate fees and attorney-compensation rules are their own topic, worked through in full on Washington probate cost.
The order to work through it
List what Washington residents typically own and how each item is titled. Remove everything with a living named beneficiary, a surviving joint owner, or a trust already holding it. If what remains is $100,000 or less, affidavit for collection of personal property is the route to look at. If real property remains in sole name, confirm the real-property rule above applies to what you own.
The general rule: when probate is required. Thresholds elsewhere: small estate limits by state. Washington’s own small-estate mechanics: Washington small estate affidavit.
Statutory text read at Washington’s own legislature or official code publisher. General information, not legal advice; fee statutes and thresholds change and a court retains the final say on what qualifies.
General information drawn from state statutes and official court materials, not legal advice. Whether probate is required is STATE law and differs in every state; thresholds, what the small-estate route reaches, and probate costs all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.