Whatcom County Superior Court Small Estate Settlement by Affidavit Washington law provides a simple alternative to formal probate for collection and distribution of a deceased person's personal property. Using this procedure, the person entitled to the deceased's property obtains it by presenting an Affidavit of Successor to persons and institutions holding the deceased's property. The Procedure applies only to small estates where the value of the decedent's entire probate estate does not exceed $100,000. The decedent's estate includes his or separate property and one-half of all community property (both real property and personal property), less liens and encumbrances. This simplified procedure should be used with care. Without the normal court probate proceedings to determine testacy or establish heirship, there will be no bar to challenges to a will, no bar to creditor claims, no homestead or in lieu preference for the surviving spouse and no tax management opportunity. There must be no controversy among heirs or difficulties of collection. Title to real estate cannot be changed by this procedure. Forty days must pass after the decedent's death before this procedure may be used. Ten days written notice must be given to all other successors. A copy of the affidavit is to be mailed to the State of Washington, Department of Social and Health Services, Office of Financial Recovery, P. O. Box 9501, Olympia, Washington 98507-9501. No inheritance tax release is required but all debts of the decedent must have been paid or provided for. A blank form for the Affidavit of Successor is attached. Also attached is a copy of the applicable law, Chapter 11.62, Revised Code of Washington. Current versions of the law should be consulted as they are subject to change each time the legislature is in session. Small Estate Settlement by Affidavit.doc American LegalNet, Inc. www.FormsWorkFlow.com Affidavit of Successor of Decedent State of Washington County of The undersigned, upon first being duly sworn on oath, deposes and states: 1. I am the successor (as defined in RCW 11.62.005) of the decedent: (Full Name of decedent) /SSN: (Decedent's Social Security Number) 2. The decedent was a resident of the State of Washington on the date of death. 3. The value of the decedent's entire estate subject to probate, not including a surviving spouse's community property interest in any assets that are subject to probate in the decedent's estate, wherever located, less liens and encumbrances, does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000.00). 4. Forty days have passed since the date of death: (date of death). 5. No application or petition for the appointment of a personal representative is pending in any court or has been granted in any jurisdiction. 6. All debts of the decedent including funeral and burial expenses have been paid or provided for. 7. A description of the personal property and/or sum of money claimed, or portion thereof, which is subject to probate, is as follows: Small Estate Settlement by Affidavit.doc American LegalNet, Inc. www.FormsWorkFlow.com 8. I have given written notice, either by personal service or by mail, identifying my claim, and describing the property claimed, to all other successors of the decedent. At least ten days have elapsed since the service or mailing of such notice. 9. I am entitled to full payment or delivery of the property claimed [ ] Personally, or [ ] On the behalf of and with the written authority of all other successors who have interest. Successor's Signature Print or Type Name Successor's Address Successor's City/State/Zip Subscribed and Sworn to before me this date: Notary Public My appointment expires: Small Estate Settlement by Affidavit.doc American LegalNet, Inc. www.FormsWorkFlow.com (Printed 10/15/2008) RCW Sections 11.62.005 Definitions. 11.62.010 Disposition of personal property, debts by affidavit, proof of death -- Contents of affidavit -- Procedure -Securities. 11.62.020 Effect of affidavit and proof of death -- Discharge and release of transferor -- Refusal to pay or deliver -Procedure -- False affidavit -- Conflicting affidavits -- Accountability. 11.62.030 Payment to surviving spouse or surviving domestic partner of moneys on deposit of deceased credit union member -- Limitation -- Affidavit -- Accounting to personal representative. 11.62.005 Definitions. As used in this chapter, the following terms shall have the meanings indicated. (1) "Personal property" shall include any tangible personal property, any instrument evidencing a debt, obligation, stock, chose in action, license or ownership, any debt or any other intangible property. (2)(a) "Successor" and "successors" shall mean (subject to subsection (2)(b) of this section): (i) That person or those persons who are entitled to the claimed property pursuant to the terms and provisions of the last will and testament of the decedent or by virtue of the laws of intestate succession contained in this title; and/or (ii) The surviving spouse or surviving domestic partner of the decedent to the extent that the surviving spouse or surviving domestic partner is entitled to the property claimed as his or her undivided one-half interest in the community property of said spouse or said domestic partner and the decedent; and/or (iii) The department of social and health services, to the extent of funds expended or paid, in the case of claims provided under RCW 43.20B.080; and/or (iv) This state, in the case of escheat property. (b) Any person claiming to be a successor solely by reason of being a creditor of the decedent or of the decedent's estate, except for the state as set forth in (a)(iii) and (iv) of this subsection, shall be excluded from the definition of "successor". (3) "Person" shall mean any individual or organization, specifically including but not limited to a bank, credit union, brokerage firm or stock transfer agent, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. [2008 c 6 § 922; 2006 c 360 § 15; 1994 c 21 § 1; 1988 c 64 § 24; 1977 ex.s. c 234 § 29.] 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 pe