This is one of the first questions I get from almost every family I work with. The honest answer is no, probate isn't always required in Washington, but there's an important exception that catches a lot of people off guard, and it usually involves the house.
When Is Probate Not Required in Washington?
Probate can often be avoided in Washington when assets are structured to pass outside of it, such as through a living trust, payable on death accounts, joint tenancy with right of survivorship, or a community property agreement between spouses. Life insurance and retirement accounts with a named beneficiary also transfer directly, without going through probate at all. Washington also allows a small estate affidavit under RCW 11.62 for personal property, things like bank accounts or personal belongings, when the net probate value is $100,000 or less and at least 40 days have passed since death.
Does the Small Estate Affidavit Cover a House?
No. Washington's small estate affidavit applies only to personal property, not real estate, regardless of the home's value. This is the exception that surprises people most. A family might have an estate well under $100,000 in total value, but if real property is titled solely in the decedent's name without a trust, a transfer on death deed, or joint ownership already in place, that property generally still needs to go through probate to transfer clean title, no matter how modest the estate is otherwise.
When Is Probate Actually Required in Washington?
Probate is typically required when real estate is titled solely in the decedent's name without a non-probate transfer mechanism already in place, when the estate includes significant assets without a designated beneficiary, or when there are debts or disputes that need court oversight to resolve. In practice, for most families I work with, the reason probate is necessary is exactly this: a home. Even a fully paid off, modest house usually needs to go through probate unless the right planning tool was already in place before the person passed away.
Does Having a Will Mean You Can Skip Probate?
No. A will does not avoid probate, it simply directs how probate happens and who becomes the personal representative. Without a will, the estate goes through intestate succession instead, following Washington's default distribution rules. Either way, if real estate is involved and no other transfer mechanism applies, probate is still the path to transferring that property. What a will can do is grant nonintervention powers, which often let the personal representative move through the process without needing court approval for every step, making it faster than it would otherwise be.
What Does This Mean If You've Inherited a Home in Spokane?
If you've inherited a house and you're not sure whether probate applies to your specific situation, the honest answer usually comes down to how the property was titled before the person passed away. If there's no trust, no transfer on death deed, and no joint ownership already in place, probate is very likely the path forward for that property, even if the rest of the estate is simple.
Probate is my focus, and this is exactly the kind of question I help families sort through before we ever talk about listing anything. If you're not sure where your situation falls, send me a message.
About the Author
Working alongside probate attorneys is a regular part of Zech's work at Rios and Co Real Estate. He helps families understand where the real estate side of an inheritance actually stands, often before the legal side is even fully resolved.
