For a small estate that does not exceed $100,000, any time after 40 days after the
date of death, a claiming successor may present an affidavit requiring payment of
indebtedness. Wash. Rev. Code § 11.62.010(1). If more than one affidavit is delivered
about the same claim, payment may be issued in response to the first affidavit received,
provided proof of death has been received; alternately, the funds may be impleaded
into court for payment to the person entitled. Wash. Rev. Code § 11.62.020. Request
adequate evidence if a person claims to be the personal representative. For a discussion
of adequate documentation for legal representatives, see GN 02301.035.
An affidavit may be filed by:
-
a.
a “successor” or “successors” who are entitled to property of the decedent by will
or by the laws of intestate succession;
-
b.
the decedent’s surviving spouse or domestic partner to the extent that person is entitled
to the property claimed as his or her undivided one-half interest in the community
property;
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c.
the department of social and health services, to recover medical assistance paid on
behalf of the decedent; or
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d.
the state, for escheat property. Wash. Rev. Code §§ 11.62.005(2), 11.62.010(1) & (2),
43.20B.080.
The affidavit must state:
-
a.
the successor’s name and address, and that he or she is a successor as defined by
statute;
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b.
the decedent was a resident of the State of Washington on the date of death;
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c.
that the value of the decedent’s total estate subject to probate, not including the
surviving spouse’s or domestic partner’s community property interest in assets subject
to probate, wherever located, less liens and encumbrances, does not exceed $100,000;
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d.
40 days have elapsed since the decedent’s death;
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e.
no application or petition for appointment of a personal representative is pending
or was granted in any jurisdiction;
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f.
all of the decedent’s debts, including funeral and burial expenses, were paid or provided
for;
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g.
a description of the personal property and portion claimed, with a statement that
such personal property is subject to probate;
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h.
the claiming successor gave written notice by personal service or mail, identifying
his or her claim and describing the property claimed, to all other successors of the
decedent and at least 10 days have elapsed since service or mailing of such notice;
and
-
i.
the claiming successor is either personally entitled to full payment or delivery of
the property claimed or is entitled to full payment or delivery on behalf of and with
written authority from all other successors who have an interest. Wash. Rev. Code
§ 11.62.010(2).