Taylored Tax
Lever 5 · Estate · Washington

How to Avoid Probate in Washington

Washington probate is quick and inexpensive, and a married couple can skip it at the first death with a signed agreement. So why can a Washington family still owe the state six figures at death? Washington's estate tax is the expensive part.

The Washington Reality
Avoiding probate in Washington is the easy part. The estate tax is where the money goes.
Probate: about $290 in filing fees and 6 to 9 months. Estate tax: starts at 10 percent above $3,000,000 and rises to 20 percent above $9,000,000 of taxable estate. Your life insurance counts.

What does Washington tax at death? Estates above $3,000,000.

Washington taxes estates above $3,000,000, and for now that figure is stuck. The exclusion is set by Revised Code of Washington (RCW) 83.100.020 for deaths on or after July 1, 2026. The statute schedules an inflation adjustment from 2027, but it points at a consumer price index that no longer exists, so whether the figure ever moves is unsettled. Plan on $3,000,000 staying $3,000,000 and treat any increase as a bonus.

Two more Washington rules raise the bill. There's no portability between spouses, and life insurance you own counts in your estate.

What your family faces at death in WashingtonThe number
State estate taxYes. 10 percent starting above the $3,000,000 exclusion, rising to 20 percent above $9,000,000 of taxable estate
State inheritance taxNone
Portability between spousesNone. Preserved by drafting before the first death, or in part by a disclaimer within nine months
Federal estate tax$15,000,000 per person, and portable. Few estates are that large
Court filing feeAbout $290 (King County, schedule effective October 2026)
Personal representative commissionNo statutory percentage. Just and reasonable, RCW 11.48.210
Attorney fee, simple estate$3,000 to $5,000 flat is a common quote
Attorney fee, with an estate tax return$5,000 to $15,000
Typical time, uncontested6 to 9 months
Typical time, with an estate tax return9 to 15 months

A single person who leaves $4,000,000, with no deductions, would owe Washington $100,000 in estate tax. Settling the same estate through probate, return included, typically runs $5,000 to $15,000 in attorney fees plus about $290 to file. Advice written for states where probate is the big expense sends a Washington family after the wrong problem.

How do you skip or shrink Washington probate? Five tools.

Tool 1: Married couples

A community property agreement skips probate at the first death

A written agreement between spouses converts what you own into community property and vests all of it in the survivor automatically at the first death. Title passes by contract, not by will, so there's no probate at the first death. The agreement must be written, signed by both spouses, and witnessed, acknowledged and certified the way the statute requires. Authority: RCW 26.16.120.

Above $3,000,000, a community property agreement can cost more than probate. The agreement puts the whole estate in the survivor's name, so the first spouse's $3,000,000 exclusion usually goes unused. One spouse can't revoke it alone. In a blended family, it can leave stepchildren with no legal claim.

Best for: a first marriage, shared children, and an estate comfortably under $3,000,000.

Tool 2: Estates that go through probate

Nonintervention administration keeps Washington probate quick and cheap

Nonintervention administration doesn't avoid probate. It's the reason Washington probate is inexpensive. The court gives the personal representative authority to administer and close the estate without further supervision. For a solvent estate with a properly drafted will, the court must grant it. Authority: RCW 11.68.011(2).

Nonintervention doesn't shorten the creditor claim period, remove the estate tax filing, or make the file private.

Best for: anyone whose estate will pass through probate anyway.

Tool 3: Privacy and property in other states

A funded revocable living trust keeps its assets out of probate

Assets titled in the trust aren't part of your probate estate. The successor trustee distributes them without a court file. Authority: RCW 11.98, and RCW 11.103 for the trust instrument.

An unfunded trust avoids nothing. A trust document with no assets retitled into it holds nothing. The deed has to be recorded and the accounts moved into the trust's name.

Best for: real property in more than one state, privacy, or a blended family where a community property agreement is the wrong instrument.

Tool 4: Accounts and policies

Beneficiary designations pass accounts and policies outside probate

Retirement accounts, life insurance, and accounts titled payable-on-death or transfer-on-death pass directly to the named person, outside probate. A transfer-on-death deed does the same for real property. The deed has to be recorded in the county before your death. Authority: RCW 11.02.091 for nonprobate assets; RCW 64.80 for the transfer-on-death deed.

A death benefit you owned skips probate and still counts in your Washington gross estate. Paid to your spouse, the marital deduction takes it back out, so no tax is due on it at the first death. Paid to anyone else, it counts toward the $3,000,000 exclusion and any tax above it.

Best for: nearly everyone with a retirement account, a life insurance policy or a bank account.

Tool 5: Small estates

A small estate affidavit replaces probate up to $100,000

If everything subject to probate is worth $100,000 or less after liens, a successor can collect the personal property by sworn affidavit after a 40-day wait, with no probate at all. A surviving spouse's community half doesn't count toward the $100,000. Real property can't be transferred this way. Authority: RCW 11.62.010.

Best for: modest estates with no real property to pass through probate.

Does avoiding probate avoid Washington's estate tax? No.

Each of the five tools moves an asset around the probate court. None of them removes a dollar from your Washington taxable estate.

The estate tax return is due whenever your gross estate is at or above the exclusion, even when no tax is owed. It's due nine months after death. An extension gives you six more months to file, and the payment deadline doesn't move with it.

An estate can owe Washington a return and no tax. Deductions, such as everything left to a spouse, can bring the taxable estate to zero. The return is still due.

Which three tax rules matter most in Washington? Insurance, portability, step-up.

Tax fact 1: Life insurance

Washington counts the full death benefit of a policy you own

A policy you own on your own life is pulled into your Washington gross estate at its full death benefit, because Washington starts from the federal gross estate. A policy bought to create cash at death also adds to the bill. Authority: Internal Revenue Code (IRC) section 2042, applied through RCW 83.100.020(7).

Count your coverage before you decide how much you need.

Tax fact 2: Married couples

Without planning, the first spouse's $3,000,000 exclusion is usually lost

At the federal level a surviving spouse can use whatever exclusion the first spouse didn't, if the executor files a return and elects it. Washington has no equivalent. The Department of Revenue states it plainly: “Washington law does not have, nor does it incorporate, the federal provisions of portability for estate tax.” Without planning before the first death, the first spouse's exclusion is usually lost. The one after-death fix is a qualified disclaimer within nine months that sends assets to someone other than the spouse, such as the children. The survivor gives up whatever is disclaimed. Authority: RCW 83.100.020 for the exclusion; IRC 2010(c)(5)(A) for the federal election; IRC 2518 and RCW 11.86.021 for the disclaimer.

Drafting before the first death is the dependable way to preserve the exclusion. Your attorney drafts them, and we can tell you what they're worth in tax.

Tax fact 3: Community property

Community property gets a full basis step-up at the first death

When one spouse dies, community property is revalued for tax purposes at its date-of-death value, and both halves get the new value. A rental bought for $300,000 and worth $1,200,000 can be sold by the surviving spouse shortly afterward with little or no capital gain. Most states step up only the decedent's half. Authority: IRC 1014(b)(6).

The full step-up is a Washington advantage, and it can pull against estate tax planning. Your numbers decide which one matters more.

Who drafts the documents? Your attorney. We work out the tax.

We're Enrolled Agents. We work on the tax: what you'll owe, what triggers a filing, what an asset costs you when it changes hands, and how to size a decision in dollars. We don't draft documents and we don't practice law.

Every tool on this page is a legal instrument. Which one fits your family, how it should be drafted, and how it works with the documents you already signed are questions for a Washington attorney. We can tell you what each choice is worth in tax, so you walk into that conversation knowing the number.

Where do Washington plans go wrong? Five common mistakes.

Five mistakes that cost Washington families money

What needs its own conversation? Six topics beyond probate.

Estate tax planning above the exclusion, and the documents that carry it out. Which property counts as community property in a second marriage. Medicaid estate recovery. Real property owned outside Washington, which may need a second probate in that state. A move of your legal home away from Washington. The qualified family-owned business interest deduction under RCW 83.100.048, which requires the business to be more than half the estate, measured before the $3,000,000 exclusion, among other tests.

What do the legal terms mean? Plain English for each.

TermWhat it means
ProbateThe court process that moves what you owned into the names of the people who inherit it.
Personal representativeThe person who settles your estate. Called an executor in many other states.
Nonintervention administrationWashington's streamlined probate. The court appoints your personal representative and then stays out of it.
Community propertyProperty a married couple owns together, each holding half. Washington is a community property state.
Community property agreementA signed agreement between spouses that makes everything community property and passes it all to the survivor automatically at the first death.
Revocable living trustA trust you control and can change during your life. Assets titled in it skip probate.
Irrevocable life insurance trust (ILIT)A trust that owns a life insurance policy. The death benefit stays out of your taxable estate as long as you keep no incidents of ownership (meaning no right to change the beneficiary, borrow against it, or cash it in), the proceeds aren't payable to your estate, and the policy wasn't moved into the trust within three years of death.
Gross estateEverything counted in your estate at death, mostly what you owned, before any deductions. The gross estate decides whether a return is due.
Taxable estateWhat's left after deductions and the exclusion. Washington calculates the tax on the taxable estate.
ExclusionThe amount that passes free of estate tax. In Washington, $3,000,000.
PortabilityA surviving spouse's right to use whatever exclusion the first spouse didn't. Federal law allows it, but only if the first estate files a return and elects it. Washington has no portability at all.
Marital deductionThe rule that lets everything pass to a surviving spouse with no estate tax at the first death.
Basis step-upThe reset of an asset's tax cost to its value at death. In a community property state both halves reset, not only the decedent's.
Payable-on-death, transfer-on-deathA beneficiary named directly on an account or deed. The asset passes to that person without probate.
Death benefitWhat a life insurance policy pays when you die. Your family generally receives it without owing income tax.
Estate taxA tax on what you leave, paid by the estate before anyone inherits.
Inheritance taxA tax on what a person receives, paid by the heir. Washington has none.
RCW, IRCRevised Code of Washington (state statutes) and Internal Revenue Code (federal tax law).

Want a personalized Washington Lever 5 plan?

Our Enrolled Agents and advisors can review your titling, your beneficiary forms, and who owns your life insurance. Then we'll show you your Washington estate tax today and what each choice is worth, before you see an attorney. Book a no-cost discovery call.

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Important. This guide is general educational information about Washington probate and estate tax law as of October 2026. It is not legal advice, tax advice, or a substitute for working with a licensed Washington attorney and a qualified tax advisor. Washington changed its estate tax twice in two years. Deaths from July 1, 2025 through June 30, 2026 fall under a different rate table with a top rate of 35 percent. The exclusion for those deaths was $3,000,000 from July 1 through December 31, 2025, and $3,076,000 from January 1 through June 30, 2026. The figures in this guide apply to deaths on or after July 1, 2026, under Chapter 209, Laws of 2026. Statute citations should be re-verified against the current Revised Code of Washington before any document is filed. Federal estate tax figures reflect Public Law 119-21 (2025): $15,000,000 per individual for 2026. Always confirm against current IRS guidance. Taylored Tax is not engaged in the practice of law. Sources for every statute and dollar figure in this guide are available on request.