In Washington State, does an Affidavit of Small Estate have to be filed with the Court?

Asked almost 2 years ago - Moses Lake, WA

The Estate of my deceased friend is worth maybe $2000.00. Do we need to file an Affidavit of Small Estate with the Superior Court so that my friend's widow can recieve the $2000.00 of his insurance? Thats all there is as far as an Estate goes, except for personal items like his clothes.

Attorney answers (4)

  1. Kevin Terry Steinacker

    Contributor Level 11

    9

    Lawyers agree

    Answered . The small estate affidavit discussed in RCW 11.62.010 does not need to be filed with the court. But life insurance proceeds will generally pass to the named beneficiary without the need for a probate or small estate affidavit. If the decedent did not name a beneficiary, then a small estate affidavit might be necessary.

    I am not your attorney. My response is provided for informational purposes only and does not constitute legal advice.
  2. Matthew Erik Johnson

    Contributor Level 17

    5

    Lawyers agree

    Answered . Washington state does not require probate proceedings regardless of the estate amount. Probate in Washington is entirely discretionary

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale... more
  3. Leslie R Bottimore

    Contributor Level 3

    5

    Lawyers agree

    Answered . For an estate with less than $100,000 in assets and no real property - an Affidavit if Claiming Successor can be presented along with a Certified Copy of the Death Certificate to the financial institution to transfer the asset to the claiming beneficiary without the need to open probate. The Affidavit of Claiming Successor need not be filed with the Superior Court. With regard to any life insurance proceeds, the life insurance company will distribute to the beneficiary identified in the beneficiary designation.

  4. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Two WA attorneys have given you the best advice you will probably get.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

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