Probate in Washington:
Community property rules,
nonintervention powers,
TEDRA & the WA estate tax

1 Overview — what makes Washington probate different

Washington probate is governed by Title 11 of the Revised Code of Washington (RCW). Five features make Washington distinctly different from every other state in this guide series.

First: Community property. Washington is one of only nine community property states. This means most property acquired during marriage is equally owned by both spouses — and at death, only the decedent's half needs to go through probate. The surviving spouse's half is already theirs and stays outside the estate. This fundamentally changes how probate works for married Washington residents.

Second: The Community Property Agreement (CPA). A unique Washington tool that allows married couples to transfer community property to the surviving spouse completely outside of probate — no court involved. A properly drafted and recorded CPA under RCW 26.16.120 eliminates probate for many Washington couples entirely.

Third: Nonintervention powers (RCW 11.68). When granted by the court — which is typical for solvent, uncontested estates — the personal representative administers the entire estate without returning to court for approval of each action. No court-supervised inventory filing, no court accounting, no court approval to sell property. The estate closes with a simple Declaration of Completion. This is the defining feature of Washington probate for most families.

Fourth: The Washington estate tax. Unlike most states, Washington imposes its own estate tax with a $3,076,000 threshold (2026) and rates from 10% to 20%. Washington has no personal income tax, but this estate tax catches large estates and requires filing a Washington Estate and Transfer Tax Return within 9 months of death.

Fifth: TEDRA (Trust and Estate Dispute Resolution Act, RCW 11.96A). Washington's streamlined dispute resolution framework allows parties to resolve estate disputes through non-judicial agreements, virtual representation, or efficient court proceedings — much faster than conventional litigation.

Washington probate at a glance

2 Community property — the foundation of Washington estate planning

Washington's community property system under RCW Chapter 26.16 is the single most important concept to understand before doing any estate planning or administering any Washington estate involving a married decedent. It determines what goes through probate, what passes automatically, and what the decedent can leave to anyone at all.

3 Community Property Agreement — the most powerful WA probate avoidance tool

Washington law under RCW 26.16.120 allows married couples (and registered domestic partners) to enter into a Community Property Agreement (CPA) — a written, witnessed, and recorded contract that alters how community property is characterized and transferred at death. A properly drafted CPA is the most effective and widely used estate planning tool for Washington couples because it can eliminate probate entirely for the surviving spouse.

4 Nonintervention powers — Washington's key to faster probate

Washington's nonintervention powers under RCW Chapter 11.68 are the feature that makes Washington probate fundamentally different from states like Virginia (where the Commissioner of Accounts reviews every inventory and accounting) or North Carolina (where annual accounts are mandatory). When nonintervention powers are granted, the personal representative administers the estate entirely without court supervision after the initial appointment.

Courts grant nonintervention powers when: the estate is solvent (assets exceed debts); no objection is raised by heirs or beneficiaries; and either the will requests them or the personal representative petitions for them. For intestate estates, the court may also grant nonintervention powers if the estate is solvent. The petition to open probate should explicitly request nonintervention powers — most Washington estate attorneys include this request automatically.

Declaration of Completion — how nonintervention estates close

With nonintervention powers, the estate closes by filing a Declaration of Completion with the Superior Court Clerk. This is a sworn statement by the personal representative that all debts have been paid, all taxes filed, and all assets distributed. Heirs and beneficiaries receive a copy and have 30 days to object. If no objections are filed, the estate is administratively closed. No court hearing is required unless someone objects. Compare this to Virginia's mandatory accountings before the Commissioner of Accounts, or North Carolina's annual reports — Washington's system is dramatically more efficient for the typical estate.

5 Washington State estate tax — the critical tax most families don't expect

Washington is one of only approximately 12 states that impose their own state-level estate tax, and the threshold ($3,076,000 in 2026) is lower than the federal exemption ($15 million). This means many Washington families who would never owe federal estate tax do owe Washington estate tax. The tax is imposed on the decedent's taxable estate and must be paid by the estate before distributions to beneficiaries.

Washington's estate tax is particularly relevant for Seattle-area homeowners whose real estate has appreciated substantially. A couple who bought a home in Seattle or Bellevue 20 years ago and has accumulated retirement savings may find their combined estate — when valued at current market prices — exceeds the threshold. This makes Washington estate tax planning (including the use of AB trusts, charitable remainder trusts, and other strategies) an important consideration for many Washington residents who might not think of themselves as "wealthy."

6 Small estates — Washington's $100,000 affidavit

Washington offers a simplified procedure under RCW 11.62.010 when the decedent's personal property (not real estate) is valued at $100,000 or less. At least 40 days must have passed since the date of death, no personal representative appointment must be pending, and all debts must be paid or provided for.

7 TEDRA — Washington's dispute resolution framework

The Trust and Estate Dispute Resolution Act (TEDRA) under RCW 11.96A is Washington's comprehensive framework for resolving disputes involving wills, trusts, estates, and nonprobate assets. TEDRA is not just for contested matters — it is the procedural backdrop for all trust and estate proceedings in Washington Superior Courts, and it provides several mechanisms that make dispute resolution faster and more flexible than conventional litigation.

TEDRA's most important features: (1) Non-judicial agreements — all interested parties can enter into a binding written agreement resolving any matter that could otherwise be resolved by a court, without involving the court at all; (2) Virtual representation — a person with a substantially similar interest can represent others (such as a class of future beneficiaries) in a TEDRA proceeding, reducing the number of parties needed; (3) Streamlined proceedings — TEDRA cases typically move faster than traditional civil litigation; (4) Scope — TEDRA covers not just probate disputes but also trust disputes, powers of attorney, and questions about nonprobate assets.

8 Full probate — step by step with nonintervention powers

For estates requiring full administration — those with real estate, above the small estate threshold, or where the CPA doesn't cover everything — the Washington probate process is structured to be efficient when nonintervention powers are granted. The 4-month creditor period from first publication sets the minimum timeline; the Declaration of Completion closes the estate.

1. 1

   Analyze community vs separate property Do this first — everything depends on it

   Before filing anything, analyze every asset in the estate and categorize it as community property (the decedent's half goes to probate) or separate property (all goes to probate). Check whether a Community Property Agreement is on file with the County Auditor — if so, covered community property passes to the surviving spouse outside probate entirely. Identify all nonprobate assets (life insurance with named beneficiaries, joint tenancy property, POD/TOD accounts, CPA-covered property) — these bypass probate. The remaining probate estate is what gets administered.

2. 2

   File petition with Superior Court — request nonintervention powers File in county of decedent's domicile

   File a Petition for Probate of Will, Letters Testamentary, or Letters of Administration with the Superior Court Clerk in the county where the decedent resided. Filing fees are approximately $200–$290 depending on the county. Many routine Washington probate matters are handled ex parte — presented to the court without a formal hearing if all paperwork is in order. The petition should explicitly request nonintervention powers under RCW 11.68. Include the original will (if any), certified death certificates, and the proposed personal representative's information.

   Petition for Probate / LettersOriginal willCertified death certificates × 5–8Filing fee: ~$200–$290
3. 3

   Court issues Letters Testamentary / Letters of Administration

   After reviewing the petition (often same-day or next day for uncontested ex parte matters), the court issues an Order Appointing Personal Representative and either Letters Testamentary (with a will) or Letters of Administration (no will). The Order will include the grant of nonintervention powers if requested and approved. Order at least 8–10 certified copies of the Letters — each institution needs its own. From the appointment date, the 20-day notice deadline and 4-month creditor period begin running.

   Letters Testamentary / Letters of AdministrationCertified copies — order 8–10Order Appointing PR (includes NIP if granted)
4. 4

   Mail notice to heirs within 20 days; publish Notice to Creditors 20-day notice deadline

   Within 20 days of appointment, mail written notice to all heirs, beneficiaries, and interested parties (RCW 11.28.237). This informs them that probate has opened and gives them an opportunity to contest the will or appointment. Simultaneously, publish a Notice to Creditors in a legal newspaper in the county, once per week for three consecutive weeks (RCW 11.40.020). The 4-month creditor claims period begins on the date of first publication. Creditors who fail to file within this period are generally barred from later claims.

   Mailed notice to all heirs/beneficiariesNotice to Creditors (3-week publication)Publication: ~$100–$250
5. 5

   Prepare inventory — not filed with court; available on request WA unique: inventory stays private

   Prepare a complete inventory of all probate assets with values as of the date of death. Unlike Virginia, Ohio, North Carolina, and most other states, Washington does not require the inventory to be filed with the court (RCW 11.44.015). The personal representative keeps the inventory and must provide a copy within 10 days to any heir, beneficiary, or creditor who requests one in writing — but only after 3 months have passed from appointment. This keeps estate details private from public view, which is valued by many Washington families.

6. 6

   Administer estate — pay debts, assess WA estate tax, file returns

   With nonintervention powers, manage all estate assets independently — sell real property, collect debts owed to the estate, pay valid creditor claims, and handle estate funds. If the estate exceeds $3,076,000, file the Washington Estate and Transfer Tax Return (Form ET-706) within 9 months of death. File the decedent's final federal and Washington state income tax returns (Washington has no personal income tax, but federal returns apply). If the estate earns income during administration, file a federal fiduciary income tax return (Form 1041).

   WA Estate & Transfer Tax Return (if estate > $3.076M)Final federal income tax returnDeadline: 9 months from death for estate tax
7. 7

   Distribute assets to beneficiaries

   After all debts are paid, taxes filed, and the 4-month creditor period has expired, distribute assets per the will or Washington intestacy laws (RCW Chapter 11.04). For real property, record deeds in the county where the property is located. Record title transfers for vehicles at the DMV. Obtain receipts from beneficiaries confirming they received their shares.

8. 8

   File Declaration of Completion — close the estate No court hearing needed

   With nonintervention powers, file a Declaration of Completion with the Superior Court Clerk, certified to all heirs and beneficiaries. The Declaration states that all debts are paid, all taxes filed, and all assets distributed. Heirs and beneficiaries have 30 days to object. If no objections are filed, the estate closes automatically — no court hearing, no judge approval needed. This is dramatically simpler than states requiring court-supervised final accountings. File it, wait 30 days, and the estate is closed.

   Declaration of Completion (filed with Superior Court)Copy to all heirs and beneficiaries30-day objection window

9 Timeline & costs

10 Key Washington probate forms

Washington uses standardized Superior Court forms for probate proceedings, available from each county's Superior Court Clerk's office and through the Washington Courts website. Most Washington counties accept e-filing through eFileWA. Many routine probate orders are handled ex parte, without a formal hearing, if documents are properly prepared.

View all Washington probate forms by county →

11 Washington Superior Courts — all 39 counties

Washington has 39 counties, each with a Superior Court that handles probate matters. File in the county where the decedent was domiciled at death. Most Washington counties accept e-filing through eFileWA. For communities with small, specialized populations or legal needs, some Superior Courts serve multiple counties. Select your county for courthouse address, e-filing information, and local filing requirements.

Showing all 39 Washington counties

12 Washington State probate — frequently asked questions