Probate · WA
Washington probate: fees and how long it takes
Washington lets most personal representatives settle an estate without court supervision, under nonintervention powers, and close it by a simple declaration.
Rules read on official Washington pages on · Checked by Radif Partners · How we calculate
- Creditor claim period
- 4 months
- Small-estate limit
- $100,000
- Executor and attorney fees
- “Reasonable”, court-approved
- Court filing fee
- $200
Washington probate fees are not set by percentage: under RCW 11.48.210 the personal representative and the attorney receive what the court deems just and reasonable, usually hourly, and the fees actually paid must be disclosed when the estate is closed. Opening the case costs $200 under RCW 36.18.020, plus any local surcharge. Washington probate is also among the least supervised in the country. Once the court grants nonintervention powers, which it routinely does when the estate is solvent, the personal representative can sell property, pay bills and distribute without returning to court, then close the estate by filing a declaration of completion. The creditor period is 4 months from the first publication of the notice, and the declaration follows once claims are paid or resolved, so a straightforward Washington estate can close soon after that bar. Personal property estates of $100,000 or less, after liens and excluding the surviving spouse's community half, can be collected by affidavit 40 days after death.
Court filing fee in Washington
$200
0.0% of the estate · at least 10 months before final distribution
| Court filing fee | $200 |
| Creditor claim period | 4 months |
| Small-estate limit | $100,000 |
Washington does not set a percentage schedule: the personal representative and the attorney are paid a reasonable fee approved by the court, often hourly.
Estimate under the Washington probate statutes. Publication, bond, appraisal, extraordinary services and the estate's own taxes are extra. How this is calculated.
Community property and the $100,000 affidavit
RCW 11.62.010 measures the decedent's probate estate, and in a community property state that means half of what the couple owned together. Take a Tacoma couple with $170,000 of community bank and brokerage accounts. When the husband dies on January 15, 2026, his probate estate is $85,000, which is within the $100,000 ceiling once the spouse's community share is left out. If he also owned $60,000 of separate property inherited from a parent, the total becomes $145,000 and the affidavit no longer works. The successor signs the affidavit on day 40 and presents it to each institution; no court file is opened. Real estate cannot be transferred this way. Community property agreements, common among Washington couples, can move everything to the survivor without any probate. The limit is not indexed, and the statute as read does not show the date it took effect.
Nonintervention powers in practice
Under chapter 11.68 RCW, a personal representative with nonintervention powers needs no court order to sell the house or settle a claim. The court reappears only if someone asks it to. Closing is a declaration of completion under RCW 11.68.110, filed after claims are paid or disposed of and administration is complete; it states the fees paid to the representative and the lawyer, which gives heirs the information to object.
Publishing the notice, or not
The 4-month bar exists only if the notice to creditors is published. If the representative in our Tacoma example publishes first on March 2, 2026, claims close on July 2, 2026, with 30 days after actual notice for known creditors if that ends later. Without publication, creditors have 24 months after death, which would run to January 15, 2028. A family that uses the affidavit instead of probate gets no claims bar at all, which is one reason some Washington estates are opened even when they are small.
Fees on top of the $200
RCW 36.18.020 sets the $200 paid by whoever starts the probate, and counties may add local surcharges. Publication in a legal newspaper and certified letters testamentary add modest amounts; the will can waive the bond. Across the Columbia River, Oregon sets the personal representative's fee by statutory percentage.
The Washington probate rules this calculator applies
Creditor claims. If notice is published, claims are barred unless presented within 4 months after first publication (or, for creditors given actual notice, the later of 30 days after notice or 4 months after publication); reasonably ascertainable creditors not given actual notice, and all creditors if no notice was given, have 24 months after death (RCW 11.40.051). source
Closing the estate. A personal representative with nonintervention powers closes the estate by filing a declaration of completion once claims are paid or disposed of and administration is complete (RCW 11.68.110); this follows the 4-month claims period of RCW 11.40.051. source
Small estates. Forty days after death, a successor may collect personal property by affidavit if the decedent's entire probate estate (excluding the surviving spouse's or domestic partner's community share), less liens and encumbrances, does not exceed $100,000 and no personal representative application is pending (RCW 11.62.010). Not indexed. source
Simplified procedure. Affidavit procedure up to $100,000 (RCW 11.62.010); nonintervention probate closed by declaration of completion without court approval (RCW 11.68.110). source
Filing fee. In probate proceedings the party instituting them pays $200 when filing the first document (RCW 36.18.020(2)(f)); counties may add local surcharges. source
Personal representative. Absent a will provision, the personal representative receives compensation the court deems just and reasonable (RCW 11.48.210). source
Attorney. An attorney performing services for the estate receives compensation the court deems just and reasonable (RCW 11.48.210); fees paid must be disclosed in the declaration of completion (RCW 11.68.110). source