The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Washington with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Washington reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Washington probate pages.
Washington probate fees
| Item | Washington |
|---|---|
| Court filing fee | $290 to open a probate case. The amount is fixed by statute statewide and does not vary by county: a $200 filing fee (RCW 36.18.020(2)(f)), a $40 clerk surcharge (RCW 36.18.020(5)(c)) and a $50 surcharge (RCW 36.18.020(6)). |
| Attorney fees | Not statutory. Fees must be reasonable. |
| Executor / personal representative fees | Not a statutory percentage. Under RCW 11.48.210, if the will fixes the personal representative's compensation that controls; otherwise the court allows 'just and reasonable' compensation. There is no set formula. Family representatives often waive it. |
| Fee basis | reasonable |
Worked example
Washington has no statutory formula, so no worked example can be calculated from the statute: the amount depends on the work the administration actually required and the court's assessment of it.
Washington thresholds and deadlines
| Item | Washington |
|---|---|
| Small-estate threshold | Personal property up to $100,000 can be collected by small-estate affidavit 40 days after death, not counting the surviving spouse's or domestic partner's community-property interest (RCW 11.62.010). The affidavit does not transfer real estate. |
| Creditor claim period | Where the personal representative gave notice under RCW 11.40.020 and the creditor was given actual notice, the claim must be presented within the later of thirty days after service or mailing of the notice to that creditor and four months after the date of first publication (RCW 11.40.051(1)(a)). Where notice was given but the creditor was not given actual notice, the period depends on whether the creditor was reasonably ascertainable as defined in RCW 11.40.040: a creditor who was not reasonably ascertainable has four months after first publication, while a creditor who WAS reasonably ascertainable has twenty-four months after the decedent's date of death (§11.40.051(1)(b)). |
| Statutory floor (creditor period) | Where the personal representative gave notice under RCW 11.40.020 and the creditor was given actual notice, the claim must be presented within the later of thirty days after service or mailing of the notice to that creditor and four months after the date of first publication (RCW 11.40.051(1)(a)). Where notice was given but the creditor was not given actual notice, the period depends on whether the creditor was reasonably ascertainable as defined in RCW 11.40.040: a creditor who was not reasonably ascertainable has four months after first publication, while a creditor who WAS reasonably ascertainable has twenty-four months after the decedent's date of death (§11.40.051(1)(b)). |
| Simplified real-property transfer | The small-estate affidavit covers personal property only, not real estate. Real property generally requires probate unless held in a trust, in joint tenancy/community property with right of survivorship, or transferred by a recorded transfer-on-death deed. |
| Transfer-on-death deed | Washington allows a transfer-on-death deed under the Uniform Real Property Transfer on Death Act, RCW 64.80. An owner can record a TOD deed naming a beneficiary; the property passes outside probate at death, and the deed is freely revocable during life. |
What passes outside Washington probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- Transfer-on-death deed — Washington allows a transfer-on-death deed under the Uniform Real Property Transfer on Death Act, RCW 64.80. An owner can record a TOD deed naming a beneficiary; the property passes outside probate at death, and the deed is freely revocable during life.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: RCW 11.68 (nonintervention powers); RCW 11.48.210 (personal representative compensation); RCW 11.62.010 (small-estate affidavit); RCW 11.40.051 (creditor claim period); RCW 64.80 (transfer-on-death deed); RCW 83.100 (estate and transfer tax)
- State authority: Washington Courts / Revised Code of Washington (app.leg.wa.gov)
- Executor fees: https://app.leg.wa.gov/RCW/default.aspx?cite=11.48.210
- Small-estate procedure: https://app.leg.wa.gov/rcw/default.aspx?cite=11.62.010
- Creditor claim period: https://app.leg.wa.gov/rcw/default.aspx?cite=11.40.051
- Transfer-on-death deed: https://app.leg.wa.gov/rcw/default.aspx?cite=64.80
- Court filing fees: https://app.leg.wa.gov/rcw/default.aspx?cite=36.18.020
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Washington court before relying on it.
The full Washington guides
- How Much Does Probate Cost in Washington? — the full cost breakdown.
- How Much Does an Executor Get Paid in Washington? — the fee rule in detail.
- How Long Does Probate Take in Washington? — the timeline and its statutory floor.
- Executor Deadlines in Washington — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in Washington — the transfers that pass outside it.
- How Much Does a Will Cost in Washington? — execution requirements and pricing.
Fee sheets for other states
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This sheet sets out Washington probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Washington courts or a licensed Washington attorney.