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rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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How much money can one have in there estate

Customer Question

How much money can one have in there estate without it going into probate at the time of death?
Submitted: 6 years ago.
Category: Legal
Expert:  rvlaw replied 6 years ago.

Hi,

What state are you in?

Rich

Customer: replied 6 years ago.
Reply to rvlaw's Post: Bothell, Washington
Expert:  rvlaw replied 6 years ago.

The site for the Washington statutes is down temporarily. Will get back to you later.

Rich

rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience: NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
rvlaw and 4 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Reply to rvlaw's Post: I will of course not accept until and actual answer is given. The Washington statutes being down temporarily is not an answer. I will be waiting.

Thank You
Expert:  rvlaw replied 6 years ago.

WA small estate is under $100,000. Here is the statute:

RCW 11.62.010

Disposition of personal property, debts by affidavit, proof of death - Contents of affidavit - Procedure - Securities.


*** CHANGE IN 2008 *** (SEE 3104-S2.SL) ***

(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 the decedent or to the decedent and his or her surviving spouse as a community, which debt or personal property is an asset which is subject to probate, shall pay such indebtedness or deliver such personal property, or so much of either as is claimed, to a person claiming to be a successor of the decedent upon receipt of proof of death and of an affidavit made by said person which meets the requirements of subsection (2) of this section.

(2) An affidavit which is to be made pursuant to this section shall state:

(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 state of Washington on the date of his or her death;

(c) That the value of the decedent's entire estate subject to probate, not including the surviving spouse's community property interest in any assets which are subject to probate in the decedent's estate, wherever located, less liens and encumbrances, does not exceed one hundred thousand dollars;

(d) That forty days have elapsed since the death of the decedent;

(e) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

(f) That all debts of the decedent including funeral and burial expenses have been paid or provided for;

(g) A description of the personal property and the portion thereof claimed, together with a statement that such personal property is subject to probate;

(h) That the claiming successor has given written 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 notice; and

(i) That the claiming successor is either personally 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 change the registered ownership of the security claimed 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 local taxing authority may be required before any assets or debts are paid or delivered to a successor of a decedent as required under this section.

(5) A copy of the affidavit, including the decedent's social security number, shall be mailed to the state of Washington, department of social and health services, office of financial recovery.

Customer: replied 6 years ago.
This is a lot of info but does not answer my question. I will accept it and look for answer here from an Attorney here.
Expert:  rvlaw replied 6 years ago.

Here is a site for procedure on small estates in WA...less than 100K

 

http://www.small-estate-affidavit.com/Small-Estate-Affidavit-Qual.htm

Rich

 

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