Legal Forms, Documents and Contracts

Over 4550 free forms and legal documents. Find and download the one you need!

Small Estate Settlement by Affidavit

Regarding the collection and distribution of a decedent’s personal property, the Washington Law provides a simpler alternative to the formal probate. Under this law, the individual entitled to the deceased’s estate can claim the subject property by presenting the Affidavit of Successor to the parties (either institutions or persons) managing the estate subject to probate.Download

Extracted Text for Proper Search

Small Estate Settlement by Affidavit.doc 	
WW	hh	aa	ttcc	oo	mm	  CC	oo	uu	nn	ttyy	  SS	uu	pp	ee	rriioo	rr  CC	oo	uu	rrtt  	
  	
  
  
  	
SS	mm	aa	llll  EE	ss	ttaa	ttee	  SS	ee	ttttllee	mm	ee	nn	tt  	
bb	yy	  AA	ffffiidd	aa	vv	iitt 
  
  Washington law provides a simple alternative to fo rmal probate for collection and 
distribution of a deceased person’s personal proper ty.  Using this procedure, the person 
entitled to the deceased’s property obtains it by p resenting an Affidavit of Successor  
to persons and institutions holding the deceased’s  property. 
 
  The Procedure applies only to small estates where  the value of the decedent’s 
entire probate estate does not exceed $100,000.  Th e decedent’s estate includes his or 
separate property and one-half of all community pro perty (both real property and 
personal property), less liens and encumbrances.  
  This simplified procedure should be used with care .  Without the normal court 
probate proceedings to determine testacy or establi sh heirship, there will be no bar to 
challenges to a will, no bar to creditor claims, no  homestead or in lieu preference for the 
surviving spouse and no tax management opportunity.  
 
  There must be no controversy among heirs or diffic ulties of collection.  Title to 
real estate cannot be changed by this procedure.  F orty days must pass after the 
decedent’s death before this procedure may be used.  
 
  Ten days written notice must be given to all other  successors.  A copy of the 
affidavit is to be mailed to the  State of Washington, Department of Social and Healt h 
Services, Office of Financial Recovery, P. O. Box 9 501, Olympia, Washington 
98507-9501 . 
 
  No inheritance tax release is required but all deb ts of the decedent must have 
been paid or provided for.  
  A blank form for the  Affidavit of Successor is attached. Also attached is a copy 
of the applicable law, Chapter 11.62, Revised Code  of Washington.  Current versions of 
the law should be consulted as they are subject to  change each time the legislature is in 
session.

Small Estate Settlement by Affidavit.doc 	
Affidavit of 
Successor of Decedent 	
  
State of Washington 
County of         	
 
  
  The undersigned, upon first being duly sworn on oa th, deposes and states: 
 
1.  I am the successor (as defined in RCW 11.62.005)  of the decedent: 
 
            /SSN:         	
 
(Full Name of decedent)      (Decedent’s Social Securi ty Number) 
 
2.  The decedent was a resident of the State of Wash ington on the date of death. 
  
3.  The value of the decedent’s entire estate subjec t to probate, not including a surviving 
spouse’s community property interest in any assets  that are subject to probate in the 
decedent’s estate, wherever located, less liens and  encumbrances, does not exceed 
ONE HUNDRED THOUSAND DOLLARS ( $100,000.00). 
  4.  Forty days have passed since the date of death:       	
 (date of death).   
  5.  No application or petition for the appointment o f a personal representative is pending in 
any court or has been granted in any jurisdiction. 
 
6.  All debts of the decedent including funeral and  burial expenses have been paid or 
provided for. 
  7.  A description of the personal property and/or su m of money claimed, or portion thereof, 
which is subject to probate, is as follows:

Small Estate Settlement by Affidavit.doc 	
8.  I have given written notice, either by personal service or by mail, identifying my claim, 
and describing the property claimed, to all other s uccessors of the decedent. At least ten 
days have elapsed since the service or mailing of s uch notice. 
 
9.  I am entitled to full payment or delivery of the  property claimed 
  [   ] Personally, or  
[   ] On the behalf of and with the written authori ty of all other successors who have 
interest. 
   
           	
 
Successor’s Signature      
           
 
Print or Type Name   
           
 
Successor’s Address    
           
 
Successor’s City/State/Zip   
Subscribed and Sworn  to before me this date:        	
 
     
           	
 
Notary Public    
My appointment expires:

Small Estate Settlement by Affidavit.doc 	
(Printed 10/15/2008) 
RCW Sections	
 	
11.62.005	 Definitions. 	
11.62.010	 Disposition of personal property, debts by affidavi t, proof of death -- Contents of affidavit -- Procedure -- 
Securities. 	
11.62.020	 Effect of affidavit and proof of death -- Discharge  and release of transferor -- Refusal to pay or del iver -- 
Procedure -- False affidavit -- Conflicting affidav its -- Accountability. 	
11.62.030	 Payment to surviving spouse or surviving domestic p artner of moneys on deposit of deceased credit 
union member -- Limitation -- Affidavit -- Accounti ng to personal representative. 
 	
11.62.005  
Definitions.	
 
As used in this chapter, the following terms shall  have the meanings indicated. 
  
     (1) "Personal property" shall include any tang ible personal property, any instrument evidencing a  debt, obligation, 
stock, chose in action, license or ownership, any d ebt or any other intangible property. 
 
     (2)(a) "Successor" and "successors" shall mean  (subject to subsection (2)(b) of this section): 
  
     (i) That person or those persons who are entit led to the claimed property pursuant to the terms a nd provisions of 
the last will and testament of the decedent or by v irtue of the laws of intestate succession contained  in this title; 
and/or   
     (ii) The surviving spouse or surviving domesti c partner of the decedent to the extent that the su rviving spouse or 
surviving domestic partner is entitled to the prope rty claimed as his or her undivided one-half intere st in the 
community property of said spouse or said domestic  partner and the decedent; and/or 
 
     (iii) The department of social and health serv ices, to the extent of funds expended or paid, in t he case of claims 
provided under RCW 43.20B.080; and/or  
     (iv) This state, in the case of escheat proper ty. 
  
     (b) Any person claiming to be a successor sole ly by reason of being a creditor of the decedent or of the decedent's 
estate, except for the state as set forth in (a)(ii i) and (iv) of this subsection, shall be excluded f rom the definition of 
"successor".    
     (3) "Person" shall mean any individual or orga nization, specifically including but not limited to a bank, credit union, 
brokerage firm or stock transfer agent, corporation , government or governmental subdivision or agency,  business 
trust, estate, trust, partnership or association, t wo or more persons having a joint or common interes t, or any other 
legal or commercial entity.  	
[2008 c 6 § 922; 2006 c 360 § 15; 1994 c 21 § 1; 19 88 c 64 § 24; 1977 ex.s. c 234 § 29.] 
11.62.010  
Disposition of personal property, debts by affidavi t, proof of death — 
Contents of affidavit — Procedure — Securities.	
 
(1) At any time after forty days from the date of a  decedent's death, any person who is indebted to or  who has 
possession of any personal property belonging to th e decedent or to the decedent and his or her surviving spouse or 
surviving domestic partner as a community, which de bt or personal property is an asset which is subject to probate, 
shall pay such indebtedness or deliver such persona l property, or so much of either as is claimed, to a person 
claiming to be a successor of the decedent upon rec eipt of proof of death and of an affidavit made by said person 
which meets the requirements of subsection (2) of t his section. 
  
 (2) An affidavit which is to be made pursuant to t his section shall state:

Small Estate Settlement by Affidavit.doc 
  
     (a) The claiming successor's name and address, and that the claiming successor is a "successor" as defined in 
RCW 	
11.62.005	; 
  
     (b) That the decedent was a resident of the st ate of Washington on the date of his or her death; 
 
     (c) That the value of the decedent's entire es tate subject to probate, not including the survivin g spouse's or 
surviving domestic partner's community property int erest in any assets which are subject to probate in the decedent's 
estate, wherever located, less liens and encumbranc es, does not exceed one hundred thousand dollars; 
 
     (d) That forty days have elapsed since the dea th of the decedent; 
 
     (e) That no application or petition for the ap pointment of a personal representative is pending o r has been granted 
in any jurisdiction;   
     (f) That all debts of the decedent including f uneral and burial expenses have been paid or provid ed for; 
  
     (g) A description of the personal property and  the portion thereof claimed, together with a state ment that such 
personal property is subject to probate;    
     (h) That the claiming successor has given writ ten notice, either by personal service or by mail, identifying his or 
her claim, and describing the property claimed, to  all other successors of the decedent, and that at least ten days 
have elapsed since the service or mailing of such n otice; and 
 
     (i) That the claiming successor is either pers onally entitled to full payment or delivery of the property claimed or is 
entitled to full payment or delivery thereof on the  behalf and with the written authority of all other successors who 
have an interest therein.    
     (3) A transfer agent of any security shall cha nge the registered ownership of the security claime d from the 
decedent to the person claiming to be the successor  with respect to such security upon the presentation of proof of 
death and of an affidavit made by such person which  meets the requirements of subsection (2) of this section. Any 
governmental agency required to issue certificates  of ownership or of license registration to personal property shall 
issue a new certificate of ownership or of license  registration to a person claiming to be a successor  of the decedent 
upon receipt of proof of death and of an affidavit  made by such person which meets the requirements of  subsection 
(2) of this section.   
     (4) No release from any Washington state or lo cal taxing authority may be required before any ass ets or debts are 
paid or delivered to a successor of a decedent as r equired under this section. 
  
     (5) A copy of the affidavit, including the dec edent's social security number, shall be mailed to  the state of 
Washington, department of social and health service s, office of financial recovery.  	
[2008 c 6 § 923; 2006 c 360 § 16; 1995 1st sp.s. c 18 § 60; 1993 c 291 § 1. Prior: 1988 c 64 § 25; 198 8 c 29 § 2; 1987 c 157 § 1; 1977 ex.s. 
c 234 § 11; 1974 ex.s. c 117 § 4.] 
11.62.020  
Effect of affidavit and proof of death — Discharge  and release of transferor 
— Refusal to pay or deliver — Procedure — False aff idavit — Conflicting 
affidavits — Accountability.	
 
The person paying, delivering, transferring, or iss uing personal property pursuant to RCW 	
11.62.010	 is discharged 
and released to the same extent as if such person h as dealt with a personal representative of the decedent, unless at 
the time of such payment, delivery, transfer, or is suance, such person had actual knowledge of the fal sity of any 
statement which is required by RCW 	
11.62.010	(2) as now or hereafter amended to be contained in  the successor's 
affidavit. Such person is not required to see to th e application of the personal property, or to inquire into the truth of 
any matter specified in RCW 	
11.62.010	 (1) or (2), or into the payment of any estate tax  liability. 
  
     An organization shall not be deemed to have ac tual knowledge of the falsity of any statement contained in an 
affidavit made pursuant to RCW 	
11.62.010	(2) as now or hereafter amended until such time as  said knowledge shall 
have been brought to the personal attention of the  individual making the transfer, delivery, payment, or issuance of

Small Estate Settlement by Affidavit.doc 
the personal property claimed under RCW 	11.62.010	 as now or hereafter amended. 
  
     If any person to whom an affidavit and proof o f death is delivered refuses to pay, deliver, or transfer any personal 
property, it may be recovered or its payment, deliv ery, transfer, or issuance compelled upon proof of  their right in a 
proceeding brought for the purpose by or on behalf  of the persons entitled thereto. If more than one affidavit is 
delivered with reference to the same personal prope rty, the person to whom an affidavit is delivered may pay, deliver, 
transfer, or issue any personal property in respons e to the first affidavit received, provided that proof of death has 
also been received, or alternately implead such pro perty into court for payment over to the person entitled thereto. 
Any person to whom payment, delivery, transfer, or  issuance of personal property is made pursuant to R CW 	
11.62.010	 as now or hereafter amended is answerable and acco untable therefor to any personal representative of 
the estate of the decedent or to any other person h aving a superior right thereto.  	
[1990 c 180 § 4; 1977 ex.s. c 234 § 12; 1974 ex.s. c 117 § 5.] 
11.62.030  
Payment to surviving spouse or surviving domestic p artner of moneys on 
deposit of deceased credit union member — Limitatio n — Affidavit — 
Accounting to personal representative.	
 
On the death of any member of any credit union orga nized under chapter 31.12 RCW or federal law, such  credit 
union may pay to the surviving spouse or surviving  domestic partner the moneys of such member on depos it to the 
credit of said deceased member, including moneys de posited as shares in said credit union, in cases where the 
amount of deposit does not exceed the sum of one th ousand dollars, upon receipt of an affidavit from the surviving 
spouse or surviving domestic partner to the effect  that the member died and no executor or administrat or has been 
appointed for the member's estate, and the member h ad on deposit in said credit union money not exceeding the 
sum of one thousand dollars. The payment of such de posit made in good faith to the spouse or the domestic partner 
making the affidavit shall be a full acquittance an d release of the credit union for the amount of the  deposit so paid. 
  
     No probate proceeding shall be necessary to es tablish the right of said surviving spouse to withdraw said deposits 
upon the filing of said affidavit: PROVIDED, That w henever a personal representative is appointed in a n estate where 
a withdrawal of deposits has been had in compliance  with this section, the spouse so withdrawing said deposits shall 
account for the same to the personal representative . The credit union may also pay out the moneys on d eposit to the 
credit of the deceased upon presentation of an affi davit as provided in RCW 	
11.62.010	, as now or hereafter 
amended.  	
[2008 c 6 § 924; 1980 c 41 § 10.]
Next: Subdivision Information, Including Resale Certificate for Property Subject to Membership in a Property Owners Association (Chapter 207, Texas Property Code) Previous: Statement About Your Social Security Numbers
If you want to remove Small Estate Settlement by Affidavit from this website please contact us providing the reasons together with this url: https://formsarchive.com/small-estate-settlement-by-affidavit/

Leave a Reply

Your email address will not be published. Required fields are marked *

You can use these HTML tags and attributes <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>