Probate can feel overwhelming when you do not know what to expect. Families often call us unsure whether anything formal must be filed with the court or whether they can simply manage the estate on their own. Some believe probate is automatic. Others believe it should always be avoided. The truth is that Washington probate is highly specific, and whether you need it depends on the types of assets involved, the title on those assets, and whether anyone is contesting decisions.
This hub explains when probate is required in Washington, when families can use alternatives, and why trying to handle things without clear authority can put everyone at risk. Probate is not simply paperwork. It is the legal process that gives someone the power to collect assets, pay debts, protect property, and distribute the estate correctly.
If you are unsure about the next step, that confusion is normal. Most people face probate only once or twice in a lifetime. With the right guidance, the process becomes clear, structured, and manageable. Pacific Northwest Family Law helps families start probate when it is necessary and avoid it when it is not.
➡ For more general information about the probate process, see our page Probate in Washington State
Myths and Misconceptions About Whether Probate Is Required in Washington
Myth: “You only need probate if there is a will.”
Probate may be required with or without a will. The presence of a will does not eliminate the need for court authority under RCW 11.20.020.
Myth: “Probate is always required when someone dies.”
Washington allows many assets to pass outside probate through nonprobate transfers under RCW 11.02.005.
Myth: “If I am the spouse, everything automatically transfers to me.”
Community property agreements can simplify transfers, but without one, spouse rights follow RCW 11.04.015 and often still require probate.
Myth: “Probate takes years, so it should be avoided at all costs.”
Most Washington probates finish within several months when nonintervention powers are granted under RCW 11.68.011.
Myth: “If no one objects, probate is unnecessary.”
Financial institutions, title companies, and creditors often require court-appointed authority even when the family agrees.
Myth: “A small estate affidavit works for all small estates.”
Small estate affidavits under RCW 11.62.010 only apply when probate has not been opened and when specific requirements are met.
When Probate Is Required
Is probate required when someone dies in Washington?
Probate is required when the estate includes assets that cannot transfer without court authority. Some estates qualify for small estate procedures, but many need full probate.
What assets require probate?
Assets titled solely in the decedent’s name usually require probate for transfer. Real property is the most common reason because deeds cannot be changed without a personal representative under RCW 11.48.010.
Do bank accounts require probate?
Bank accounts without joint owners or payable-on-death beneficiaries often require probate to access funds. Courts appoint a personal representative to authorize withdrawals under RCW 11.48.020.
When Probate Is Not Required
What is a nonprobate asset?
Nonprobate assets transfer outside probate by contract or operation of law and are recognized under RCW 11.02.005. These include Payment on Death (POD) accounts, Transfer on Death (TOD) deeds, life insurance, and certain community property agreements.
➡ See the [Nonprobate Transfers and Beneficiary Designation Conflicts]
Can you avoid probate with a community property agreement (CPA)?
Many CPAs transfer all property automatically at death, eliminating the need for probate. The effectiveness depends on correct execution and the absence of disputes.
➡ See the [Probate for Blended Families and Stepchildren]
Does jointly owned property avoid probate?
Property held in joint tenancy with right of survivorship transfers to the surviving owner without probate. Title companies often require proof such as a death certificate and affidavit.
➡ For more information about how property is handled, see our page Estate Assets, Real Estate, and Property Transfers
Alternatives to Full Probate
What is a small estate affidavit?
Washington allows a simplified affidavit procedure when the estate meets the conditions in RCW 11.62.010. It applies only to personal property and cannot transfer real estate.
Can you use a trust instead of probate?
If assets are properly titled in a trust, probate can often be avoided. Trust administration still requires formal steps but does not involve the court.
Situations That Require Careful Attention
What if heirs disagree about the estate?
Disagreements about property or personal representative authority usually require probate to establish control under RCW 11.28.010. Probate stops unauthorized transfers and provides a process for resolving disputes. Families often save time and money by letting the court appoint an authorized personal representative.
➡ For more information about handling disagreements during probate, see our page Contested Wills, Estate Disputes and TEDRA Litigation
What if someone is accessing accounts or removing property?
A court-appointed personal representative can secure property, freeze accounts, and recover assets under RCW 11.68.070. Probate provides legal authority to stop misuse and protect the estate. Acting quickly is often critical.
➡ See the [Emergency Probate and Immediate Actions]
What if the will is being challenged?
Will contests are resolved through probate and often involve procedures under the Trust and Estate Dispute Resolution Act (TEDRA) in RCW 11.96A.020. Probate creates a structure that prevents unauthorized distributions while the dispute is addressed. These cases are complex and require legal guidance from the start.
➡ For more information about challenging a will during probate, see our page Contested Wills, Estate Disputes and TEDRA Litigation
How Pacific Northwest Family Law Helps
You should not have to guess whether probate is required or how to begin. We review the assets, title documents, family structure, and legal requirements so you understand the best path forward. If probate is needed, we prepare every step, file correctly, obtain court authority, and protect the estate from risk. If probate is not required, we show you the alternatives and help you avoid unnecessary expense or delay.
Probate can become complicated when families disagree, when assets are titled incorrectly, or when nonprobate transfers conflict with wills. Our attorneys are experienced in Washington probate, including complex estates, blended families, out-of-state executors, and TEDRA litigation. We bring structure, strategy, and clarity to a process that feels confusing and overwhelming.
Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, December 2025.