-
Washington Affidavit of Heirship Form
When someone passes away in Washington without a will, heirs often need an efficient way to claim property, especially when probate isn’t ideal. The Washington Affidavit of Heirship Form (otherwise known as an affidavit of declaration of heirship) can be used to determine who the legal heirs are. It can be very handy in giving away personal property or cars and might be helpful in real estate issues.
What Does the Washington Heirship Affidavit Do?
This affidavit, by a person who is familiar with the family of the deceased, names good heirs and aids easy transfer of documents. It is often applied to vehicles, money or other personal property and in some institutions or counties, to real estate.
In Washington, the lack of probate affidavit has been legally accepted to transfer real property when signed by the designated heir who claims their relationship and provides their names, a description of the property, and the non-existence of a will or failure to initiate a probate. This document has the potential of qualifying an heir to be exempted under real estate excise tax depending on conditions.
When Is This Affidavit Appropriate?
Consider using it when:
The decedent died intestate (without a will).
The estate isn't complex or contested.
No formal probate has been initiated.
You need to transfer personal property or, in some cases, real estate.
Smaller estates with a value less than 100,000, Washington provides a less involved Small Estate Affidavit that can apply to personal property, such as bank accounts or cars. Where no real property is involved, this method in many cases is easier than probate.
Who Signs, and What Must the Affidavit Include?
-
Affiants: One or more individuals with firsthand knowledge of the decedent’s family. These must be disinterested, meaning they are not heirs and won’t benefit financially.
Required Details:
The deceased’s full name, date of death, and last residence.
List of all legal heirs and their relationships.
Description of property (personal, vehicle, or real estate).
Confirmation that no probate or will exists.
Declaration that the affiants are not beneficiaries.
Steps to Complete and File It
-
Gather essential details: the decedent’s information, heirs, and property descriptions.
Choose disinterested witnesses familiar with the family’s background.
Complete the Washington-specific form accurately.
Sign before a notary public with your witnesses.
Submit the document where needed:
For personal property or vehicles: to banks or the Department of Licensing.
For real estate: file with the county deed records.
For tax purposes: the "Lack of Probate Affidavit" can support excise tax exemption.
Benefits and Key Considerations
Advantages:
Avoids costly or lengthy probate.
Helps heirs claim vehicles, accounts, or ownership with fewer hurdles.
Can clear real estate claims when accepted by title companies.
Cautions:
Not all counties or institutions accept it for real estate; some may still require probate.
Real estate excise tax rules mean the affidavit must be precise to qualify for tax exemption.
It does not itself transfer title; subsequent deeds or documentation may be necessary.
Affidavits may be subject to legal challenge if incorrect or incomplete.
Frequently Asked Questions
Can it transfer ownership of a vehicle?
Yes, departments like Washington’s DOL may accept it to retitle vehicles to heirs.
Is it valid for personal property like bank accounts?
Yes, a Small Estate Affidavit may be more appropriate if the estate value is under $100,000 and includes no real property.
Can it be used to transfer real property?
Sometimes, the Lack of Probate Affidavit lays the groundwork for title transfers, but acceptance depends on local policies.
Accessing the Washington Affidavit of Heirship Form
When you want to execute your inheritance procedure with clarity and ease, download a free, state-specific Washington affidavit of heirship form right here, state-specific and expertly constructed forms to suit your purpose.