Probate in Washington: do you need a lawyer, and what it costs

Settling an estate in Washington

What an executor deals with after the funeral: the will, the court, creditors, tax and closing the estate. Each fact links to the statute it comes from and shows the date we last read it.

Filing the original will

In Washington, if you have the original will, you must deliver it to the superior court or to the executor named in it within 30 days after you learn of the death. An executor who holds the will must deliver it to the court within 40 days.

Rev. Code Wash. § 11.20.010Read the source · wa-law.orgchecked Oct 5, 2026

Which court handles probate

In Washington, the superior court handles probate. A case can usually be opened in any county, but if someone asks within four months after the notice of the probate is mailed, it generally must move to the county where the person who died lived.

Rev. Code Wash. § 11.96A.040; § 11.96A.050 (as amended by Laws 2026, ch. 204, § 12)Read the statute · app.leg.wa.govchecked Oct 5, 2026effective Jun 11, 2026

Creditors' deadline to make claims

In Washington, the executor or administrator (the law calls them the personal representative) may publish a notice to creditors once a week for three weeks. Creditors then have 4 months from the first publication to file claims, or 30 days from a mailed notice if later. Claims not made within 24 months of the death are barred in any case.

Rev. Code Wash. § 11.40.020; § 11.40.051; § 11.40.070Read the source · wa-law.orgchecked Oct 5, 2026

Estate inventory

In Washington, the executor or administrator must prepare a sworn inventory and appraisal of the estate within three months after appointment. It does not have to be filed with the court, but heirs, beneficiaries, unpaid creditors with filed claims, and the Department of Revenue can get a copy within 10 days of asking.

Rev. Code Wash. § 11.44.015Read the source · wa-law.orgchecked Oct 5, 2026

The order estate debts are paid

In Washington, if the estate cannot pay every debt, the executor or administrator pays the costs of running the estate first, then reasonable funeral expenses, then last-illness costs, then recent unpaid wages, then family awards, and all other debts last.

Rev. Code Wash. § 11.76.110Read the statute · app.leg.wa.govchecked Oct 5, 2026effective Aug 1, 2024

State estate and inheritance tax

Washington has an estate tax but no inheritance tax. For deaths on or after July 1, 2026, the exclusion is $3,000,000, and the estate pays tax on the amount above it. From 2027 the exclusion is adjusted each year for inflation.

Rev. Code Wash. §§ 83.100.020, 83.100.040 (as amended by Laws 2026, ch. 209)Read the statute · dor.wa.govchecked Oct 5, 2026effective Jul 1, 2026

Closing an estate

In Washington, most estates close when the executor or administrator files a declaration of completion of probate and mails it to heirs and beneficiaries. If no one asks the court to review it within 30 days, it becomes final and the personal representative is discharged.

Rev. Code Wash. § 11.68.110; §§ 11.76.030, 11.76.050Read the source · wa-law.orgchecked Oct 5, 2026