Taking Care Of A Loved One’s Estate—Made Simpler
Losing someone you care about is hard enough. Handling their estate shouldn’t make things harder. If your loved one didn’t leave behind a lot—no house or land, and not much money—a Camas, WA estate planning lawyer might be able to help you use a Small Estate Affidavit (SEA) to claim what they left without going through a long and expensive court process.
Small Estate Affidavit
A Small Estate Affidavit is a written statement you sign and swear is true. It lets you claim a loved one’s assets (like money in a bank account or a car) without having to go to court for probate. This can save you time and money, but there are rules you must follow, and some risks to be aware of.
Who Can Use A Small Estate Affidavit
You can use a SEA if:
There is a will: The person named in the will to receive at least a portion of the assets can use the SEA.
- There is no will: The closest family member—usually a spouse or, if there’s no spouse, the children—may be able to use it.
- If you’re not sure if you qualify, it’s a good idea to talk to an attorney.
When You Can Use A Small Estate Affidavit
You can use a SEA in Washington if all of these are true:
- The person who died (the “decedent”) lived in Washington.
- They died at least 40 days ago.
- They didn’t own any land or a house.
- The total value of everything they owned is less than $100,000.
- All their debts (like medical bills, credit cards, or funeral costs) are paid or taken care of.
If any of these aren’t true, you’ll probably need to go through formal probate instead.
What The Risks Are
If you use a SEA, you’re telling the court you know about all the decedent’s debts and that they’re paid. If it turns out there are debts you didn’t know about, you could be personally responsible for paying those debts.
For example:
If a creditor comes forward after you’ve claimed the assets, you may have to open a probate case, pay the creditor back from what you received, or even use your own money if you’ve already spent the inheritance.
How You Use A Small Estate Affidavit
If your loved one only had one or two things of value—like a bank account, a life insurance policy, or a car—a SEA can help you claim those quickly. Here’s how it works:
- Prepare the SEA form, making sure all the requirements above are met.
- Mail the SEA to certain state agencies and heirs.
- Present the SEA to the bank, insurance company, or other institution holding the assets.
- Collect the assets paid out to you or others as required by law or the person’s Will.
Navigating Your Options
A Small Estate Affidavit is just one way to handle a loved one’s estate. It’s a helpful tool, but it’s not right for every situation. At NW Legacy Law we’re here to help you figure out if a SEA or a full probate is the right thing to do when settling your loved one’s estate. We were founded in 2014 by Attorney Thomas Hackett, and since then, we have been helping clients with estate planning, tax planning, trusts, wills, probate, elder law, asset protection, powers of attorney, and estate settlement matters. Reach out to us today to schedule a consultation.
