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In Washington State, does an Affidavit of Small Estate have to be filed with the Court?
Anonymous11 views4 answers
The Estate of my deceased friend is worth maybe $2000.00. Do we need to file an Affidavit of Small Estate with the Superior Court so that my friend's widow can recieve the $2000.00 of his insurance? Thats all there is as far as an Estate goes, except for personal items like his clothes.
The small estate affidavit discussed in RCW 11.62.010 does not need to be filed with the court. But life insurance proceeds will generally pass to the named beneficiary without the need for a probate or small estate affidavit. If the decedent did not name a beneficiary, then a small estate affidavit might be necessary.
For an estate with less than $100,000 in assets and no real property - an Affidavit if Claiming Successor can be presented along with a Certified Copy of the Death Certificate to the financial institution to transfer the asset to the claiming beneficiary without the need to open probate. The Affidavit of Claiming Successor need not be filed with the Superior Court. With regard to any life insurance proceeds, the life insurance company will distribute to the beneficiary identified in the beneficiary designation.
