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Claiming the Personal Property of
Someone Who Has Died
Do-It-Yourself Affidavit Procedure for Small Estates
Read this only if the person who died lived in Washington state.
Who should read this?
If you think you are entitled to inherit the personal property of a Washington state resident
who has died, leaving a “small estate,” that is, less than $100,000, you should read this.
How do I use this?
This packet has 4 parts.
Part 1 - find out if this procedure is right for you.
Part 2 - explains how to use the procedure.
Part 3 - lists the forms you need for the procedure (forms are attached).
Part 4 - has contact info for more help.
Try to talk to a lawyer to see if this procedure is right for you. If your claim is simple and
no one will fight (challenge) it, this packet should help you get your property with the least
expense.
The person who died is the "decedent.”
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The law on the affidavit procedure is in the Revised Code of Washington (RCW) at
RCW 11.62.010. It is online and pasted to the end of this document.
Part 1. Does this procedure apply to you?
A. Who can use this procedure?
This procedure allows someone legally entitled to inherit a decedent’s personal property
to get that property without going through probate. Probate is a court process that takes
time and money. Instead, you fill out an affidavit (a form you sign under penalty of perjury)
and deliver it to the person or organization that has the property.
Do not use this for real property, like a house or land.
If a mobile home is involved, talk to a lawyer. See below.
B. Successors: Who is entitled to the property?
A successor is someone entitled to the decedent's property. Whether you are a successor
depends on if that person left a will and your relationship to the decedent.
If the decedent left a will - The will generally directs who gets the property, except:
• Surviving spouses and domestic partners are entitled to half the community
property even if the will does not name them. Property of spouses and domestic
partners is community property unless there is evidence that it is separate.
• Any of the decedent’s children whom the will does not specifically exclude may have
an interest in the property, even if the will does not name them.
Talk to a lawyer who can tell you if you can have the property you want. Some
lawyers or bar associations provide free or reduced-fee consultations for seniors
or people with a low income. Your local bar association may have more info.
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If there is no will (called, “intestacy”), RCW 11.04.015 says how the property will pass.
The surviving spouse or domestic partner gets all the community property, plus
• 1/2 the separate property if any of decedent’s children are still alive.
• 3/4 of the separate property if there are no children but at least one of decedent's
parents is alive.
• 3/4 of the separate property if no children by any of decedent’s siblings are still alive.
If there are no surviving children, parents, siblings, nieces or nephews, the
surviving spouse or domestic partner gets all the estate.
Property not going to spouse or domestic partner - The law divides property not going
to the surviving spouse or domestic partner, or the entire estate if there is no surviving
spouse or domestic partner, as follows:
• To the decedent's children, in equal shares. If a child has died, that child's children
(the decedent's grandchildren) split the deceased child's share equally.
• If there are no surviving children, then to surviving parents.
• If no surviving children or parents, then to surviving siblings in equal shares. If a
sibling has died, the sibling’s children (decedent's nieces and nephews) split equally
the sibling's share.
• If no surviving siblings, then to surviving grandparents.
• If no surviving grandparents, then to aunts or uncles. If an aunt or uncle has died, his
or her children (decedent's cousins) split equally the aunt or uncle's share.
• If none of the above survive the deceased, then to the State of Washington.
You must eliminate one level before you go to the next. Example: Decedent's siblings are
not entitled to any property if ANY child, grandchild, or parent of decedent is still alive.
People not on this list, such as friends, are only entitled to whatever the will
leaves them, if anything.
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C. Who is a domestic partner?
You are a domestic partner if both these are true:
• You and decedent registered your domestic partnership with the Washington State
Secretary of State. See RCW 26.60.
• A court had not ended (dissolved) the partnership before decedent passed away.
D. Are creditors successors?
Will or no will, a decedent’s property must first go to pay any of decedent’s unpaid debts or
obligations. This includes money that the Department of Social and Health Services (DSHS)
paid out for decedent’s medical care.
E. Can I use the affidavit procedure?
Yes, if all these are true:
• Decedent lived in Washington at the time of death.
• At least forty days have passed since the death.
• The value of decedent's estate, minus encumbrances and liens, is no more than
$100,000.
• You are entitled to the property as a successor.
• No one has filed for the court to appoint a personal representative.
• All decedent’s debts, including funeral and burial expenses, have been paid or
provided for.
• You have given written notice, by hand delivery or mail, to all other successors. Use
the Notice to Other Successors in this packet. The notice must identify the heir's
claim and describe the claimed property.
• At least 10 days must have passed since you had that notice delivered or mailed.
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F. Who do I notify?
You must notify anyone possibly entitled to any of the estate using the Notice to Other
Successors in this packet. “Who is a successor,” above, explains how to figure out whom to
notify. This can be complicated. Try to talk to a lawyer.
Other successors may want you to get the property through affidavit on their behalf. They
must sign the Form to Claim Property on Behalf of Another in this packet.
G. What property do I include for the affidavit procedure?
You can claim any personal property in decedent’s estate. This can include boats, cars,
other vehicles, jewelry, furniture, other household and personal items, bank accounts,
stocks, and bonds.
H. What property do I leave out of the affidavit procedure?
Do not include property automatically passing to someone upon decedent's death, such as:
• Property passing through a community property agreement
• Property held in joint tenancy with a right of survivorship
• Property distributed under certain types of trusts, such as a "living trust"
• Property automatically distributed to a named beneficiary, like life insurance and
some employee benefits
• Property passing to a surviving spouse through state community property laws
I. What if someone else claims the same property, or whoever has
the property refuses to deliver it?
Talk to a lawyer. If someone sends you notice that they are claiming property you think
should be yours, send letters to that person and whomever has the property. If you and the
claiming party cannot agree about ownership, you may have to go to court.
If the one holding the property will not give it up after you have followed the steps below,
you can go to court to get it.
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J. The decedent had a bank account. The bank will not release the
money. What can I do?
As long as the account holds $100,000 or less, you can claim it using the affidavit procedure
IF you are decedent’s spouse or next-of-kin. If the bank account holds $2,500 or less, you
can use a different affidavit. See RCW 30A.22.190(2).
If this does not work, talk to a lawyer.
Part 2. Step-By-Step Instructions
1. You must take care of decedent’s debts before filing an affidavit for property.
If you cannot get at decedent’s assets to pay decedent’s debts, you or another
successor could pay the debts yourselves. Keep records and receipts of whatever
you pay. You would then file an affidavit to get back what you spent plus any other
property you believe you should get. If no one can afford to pay decedent's debt
right now, you should probably see a lawyer and go to court to get permission to
pay the debts out of the estate.
2. Figure out the value of decedent's estate. List and value any personal property in
the estate. To figure out what to list, see "What property do I include for the
affidavit procedure,” above. It may add up to more than you thought. You can
subtract from the property’s value any unpaid bills, such as money still owed for a
car. The total value must be no more than $100,000. If the value is close, you must
show how you got the valuations for the property. Example: In valuing a vehicle,
copy the page from the Blue Book you used.
3. Be sure 40 days have passed since the decedent’s death.
4. Make sure no one else has started a probate of decedent's estate. Ask all other
successors you know if they have applied or know if anyone else has. After talking
to the other successors, send each a letter confirming they have not started a
probate. Keep a copy of these letters for your records.
5. Make sure you are the only person entitled to any of the property you are claiming.
Read “Who is entitled to the property?” above. If someone else is entitled to all or
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part of the property, you must get their written authorization to claim it for yourself.
Use the blank Notice to Other Successors at the end of this packet.
6. Use the blank Notice to Other Successors in this packet to notify any other
successor that you are claiming property. The letter must describe the property.
You must hand-deliver this letter OR use certified mail, return receipt requested, for
proof you mailed it. Keep a dated copy of the letter for yourself. Wait ten days after
mailing or delivering the last of the letters.
7. Fill out the blank Small Estates Affidavit in this packet in front of a notary. Sign it
when the notary tells you to. Make at least two copies. Keep one for yourself.
8. Mail the other notarized copy, including decedent's social security number, to:
Department of Social and Health Services
Office of Financial Recovery
Box 9501
Olympia, WA 98507-9501
9. Mail it via certified mail, return receipt requested. Keep a copy of the return receipt
when you get it back.
10. Deliver the affidavit, a copy of decedent's death certificate, and a copy of RCW
11.62.010 to whomever (like the bank where decedent's account is) has the
property or owes the debt you are claiming. If the property is a vehicle, send the
person holding the title the affidavit. They should turn property or payment over to
you. Where appropriate, they should have a new certificate of ownership and/or
license registration issued in your name.
How do I get decedent’s death certificate from the county health department?
There will be a small charge. After 30 days, you can get a death certificate from
the Center for Health Statistics of the Washington State Department of Health.
Call them at (360) 753-5936 or write P.O. Box 7814, Olympia, WA 98504-7814.
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Part 3. Blank Forms
This packet has these blank forms:
1. Form to Claim Property on Behalf of Another
2. Notice to Other Successors
3. Department of Revenue Small Estates Affidavit
There is also a copy of RCW 11.62.010 at the end of the forms.
Part 4. Get legal help
CLEAR is Washington’s toll-free, centralized intake, advice and referral service for low-
income people seeking free legal assistance with civil legal problems.
• Apply online with CLEAR*Online - nwjustice.org/get-legal-help
• Outside King County: Call CLEAR at 1-888-201-1014 weekdays, 9:15 a.m. - 12:15
p.m.
• King County: Call 2-1-1 for referral to a legal services provider weekdays, 8:00 am –
6:00 pm. You may also call (206) 461-3200, or toll-free 1-877-211-WASH (9274).
• Seniors, age 60 and Over can call CLEAR*Sr at 1-888-387-7111. Assets limits may
apply. Seniors in King County may call 2-1-1.
• Deaf, hard of hearing or speech impaired callers can call CLEAR or 211 (or toll-free
1-877-211-9274) using the relay service of your choice.
CLEAR and 211 will conference in free interpreters when needed.
Free legal education publications, videos and self-help packets covering many legal issues
are available at WashingtonLawHelp.org.
This publication provides general information concerning your rights and responsibilities. It is not intended
as a substitute for specific legal advice.
© 2021 Northwest Justice Project — 1-888-201-1014
(Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non-
commercial purposes only.
Form to Claim Property on Behalf of Another
I, ______________ (non-claiming successor's full name) hereby
authorize _________________ (claiming successor's full name) to file an
affidavit and claim on my behalf for the following property:
By authorizing this claim, I am not releasing my right to the property.
Signed this day of , 20 .
(Signature of Nonclaiming Successor)
Notice to Other Successors
I hereby notify you pursuant to RCW 11.62.010 that I am claiming the following property:
I believe I am entitled to this property because
Or
I believe the following people are entitled to this property because
I am claiming it for them and will divide
it when I get it.
I will be mailing an affidavit to claim this property 10 days after I mail or deliver this letter to you.
Mailed or Delivered this day of , 20 .
(Signature & address of claiming successor )
Afdavit of Successor
The “Afdavit of Successor” may be used if the decedent’s estate was not probated and no personal representative
has been appointed by the courts. Living heirs have certain rights according to Washington State laws of Descent
and Distribution. One heir may claim and distribute to other heirs with their written approval. Please note this
afdavit is only to be used for personal property. The transfer of real estate or real property is not allowed.
Description of Property Amount
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
Claimant Signature Date
Subscribed and sworn (or afrmed) to before me this day of , .
Notary Public (print name) Notory Public (signature)
Residing at Commission Expires
REV 80 0029 (6/24/19)
The undersigned, being rst duly sworn, on oath deposes and says:
1. That the name and address of the undersigned successor is as follows:
a. Decedent Name:
Successor Name:
b. Address:
c. City: State: Zip:
2. The undersigned claimant is a “successor” as dened in Revised Code of Washington (RCW) 11.62.005.
(One box MUST be checked or the form will be rejected)
Under the terms and provisions of the decedent’s last will and testament or
Under the laws of intestate succession and/or
As the surviving spouse or domestic partner entitled to property under the community property laws.
3. The undersigned does not claim to be a successor solely by reason of being a creditor of the decedent or of
the decedents’s estate.
4. The decedent was, at the time of their death, a resident of the state of Washington.
5. The value of the entire estate of the decedent subject to probate, wherever located, (not including any
surviving spouse’s community property interest in any assets which are subject to probate in the decedent’s
estate), less liens and encumbrances, does not exceed $100,000.
6. Forty days have elapsed since the death of the decedent.
7. No application or petition for the appointment of a personal representative is pending or has been granted
in any jurisdiction.
8. All debts of the decedent including funeral and burial expenses have been paid or provided for.
9. The undersigned successor claims the following personal property, which property is subject to probate:
10. The undersigned successor has given written notice, either by personal service or by mail, identifying his
or her claim, and describing the property claimed, to all other successors of the decedent, and that at least
ten days have elapsed since the service or mail of such notice.
11. The undersigned successor is: (One box MUST be checked and the back of this form (page 2) must
be completed or the form will be rejected)
Personally entitled to full payment or delivery of the property described above as the sole heir or,
Notarized written authority and copy of ID from all heirs is included authorizing the claimant to receive
full payment or,
An heir entitled to a portion of the property described above and claiming only that portion.
To protect against the possibility of others accessing your confidential
information, do not complete these forms on a public workstation.
Did the deceased leave a will?
Yes
No
1. If the decedent left a will, was it probated?
Yes - Do not use this form, send the following items:
1. Copy of the probabted will
2. Addresses for all heirs listed in the will
No - Complete this form and send a copy of the will.
2. Was the deceased married when they passed away?
Yes, spouse’s name
Are they living?
Y e s
No - If no, provide date of death
No
3. How many children did the deceased have? List the names of the children (if deceased, include date of death)
4. Are the parents of the deceased living?
Yes - If yes, provide their names
No
5. How many brothers and sisters did the deceased have? List their full names (if deceased, include date of death)
If you are claiming as a remote relative, you must provide a complete family tree showing your relationship to the deceased.
The family tree should include names and dates of death for all relatives of the deceased.
For tax assistance or to request this document in an alternate format, visit http://ucp.dor.wa.gov or call 360-534-1502. Teletype (TTY) users may use the
Washington Relay Service by calling 711.
REV 80 0029 (6/24/19)
Deceased Name:
What is the relationship to the deceased:
Spouse (date of marriage ) Parent Niece/Nephew
Child Granddaughter/son Other
Print This Form
Reset This Form
RCW 11.62.010
Disposition of personal property, debts by affidavit, proof of death—Contents of
affidavit—Procedure—Securities.
(1) At any time after forty days from the date of a decedent's death, any person
who is indebted to or who has possession of any personal property belonging to the
decedent or to the decedent and his or her surviving spouse or surviving domestic
partner as a community, which debt or personal property is an asset which is subject to
probate, shall pay such indebtedness or deliver such personal property, or so much of
either as is claimed, to a person claiming to be a successor of the decedent upon
receipt of proof of death and of an affidavit made by said person which meets the
requirements of subsection (2) of this section.
(2) An affidavit which is to be made pursuant to this section shall state:
(a) The claiming successor's name and address, and that the claiming successor
is a "successor" as defined in RCW 11.62.005;
(b) That the decedent was a resident of the state of Washington on the date of
his or her death;
(c) 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;
(d) That forty days have elapsed since the death of the decedent;
(e) That no application or petition for the appointment of a personal
representative is pending or has been granted in any jurisdiction;
(f) That all debts of the decedent including funeral and burial expenses have
been paid or provided for;
(g) A description of the personal property and the portion thereof claimed,
together with a statement that such personal property is subject to probate;
(h) That the claiming successor has given written notice, either by personal
service or by mail, identifying his or her claim, and describing the property claimed, to all
other successors of the decedent, and that at least ten days have elapsed since the
service or mailing of such notice; and
(i) That the claiming successor is either personally entitled to full payment or
delivery of the property claimed or is entitled to full payment or delivery thereof on the
behalf and with the written authority of all other successors who have an interest
therein.
(3) A transfer agent of any security shall change the registered ownership of the
security claimed from the decedent to the person claiming to be the successor with
respect to such security upon the presentation of proof of death and of an affidavit made
by such person which meets the requirements of subsection (2) of this section. Any
governmental agency required to issue certificates of ownership or of license
registration to personal property shall issue a new certificate of ownership or of license
registration to a person claiming to be a successor of the decedent upon receipt of proof
of death and of an affidavit made by such person which meets the requirements of
subsection (2) of this section.
(4) No release from any Washington state or local taxing authority may be
required before any assets or debts are paid or delivered to a successor of a decedent
as required under this section.
(5) A copy of the affidavit, including the decedent's social security number, shall
be mailed to the state of Washington, department of social and health services, office of
financial recovery.
[ 2008 c 6 § 923; 2006 c 360 § 16; 1995 1st sp.s. c 18 § 60; 1993 c 291 § 1.
Prior: 1988 c 64 § 25; 1988 c 29 § 2; 1987 c 157 § 1; 1977 ex.s. c 234 § 11; 1974 ex.s.
c 117 § 4.]