- Small Estate Affidavit (PDF) (Used for personal property or tangible personal property only)
- Title to real estate or real property cannot be changed by this procedure
- Deceased was a resident of Washington State at time of death
- Deceased left no will and/or the estate was not probated
- Value of entire estate does not exceed $100,000
- Vehicles and/or vessels:
- Are considered personal property under RCW 11.62.005.
- A "Form K" (PDF) may be issued in addition to the Small Estate Affidavit to change the title of a vehicle or vessel. A "Form K" is the Washington State Department of Licensing form titled "Affidavit of Inheritance/Litigation (PDF)."
- A copy of the Death Certificate (which bears a certified stamp of the generating office/agency) will be required to be attached at the time of filing.
- Written Notice To Successor Regarding Small Claim Affidavit (PDF)
- Once filed at the Clerk's Office, you are responsible to send a conformed copy to the Washington State Department of Social and Health Services - Office of Financial Recovery.
- Please refer to the Clerk's Fee Schedule for the filing fee to file this matter.
Definitions from the Law Dictionary
"Personal Property" is defined as:
- The belongings of an individual, excluding any real estate property or other buildings. Generally is includes tangible and intangible assets of an individual.
- The touchable and movable assets of a person. Includes jewelry, vehicles, furniture and art.
The Clerk's staff cannot assist you or give legal advice. It is advisable you contact an attorney to assist you. It is your responsibility to check the RCWs and General Rules (GRs) to ensure proper legal procedures.
Probate is used when a deceased person has real estate, real property or holdings that need to be disbursed or sold (with our without a will). A personal representative will be appointed by the Court and Letters Testamentary or Letters of Administration are entered.
If the Court awards a vehicle or vessel, the finalization of a completed "Form K" (also called an Affidavit of Inheritance-Litigation) may be obtained at the Clerk's Office. Please visit and complete the Washington State Department of Licensing form titled "Affidavit of Inheritance/Litigation (PDF)" prior to presenting it for the Clerk's signature and verification.
The Clerk's staff cannot assist you or give legal advice. It is advisable you contact an attorney to assist you. The Washington State Courts do not have forms to assist you with this.