Administering “Statutory Nonprobate Assets”

The section “Statutory Nonprobate Assets”: Probate Assets That Are Convertible to Nonprobate Assets Due to Specific Statutory Exceptions on the website page Determining Decedent’s Probate Assets listed seven probate assets that could be converted into nonprobate assets by specific federal or Washington statutes.  This paragraph describes the documents needed to transfer these “statutory nonprobate assets” to the extent that any of them are in Decedent’s estate and you elect to convert them under the relevant statute.

  1. Washington Law:
    • Bank Accounts to $2,500:
      • A certified copy of Decedent’s Death Certificate.
      • An Affidavit or Declaration under Penalty of Perjury stating that you are a qualified recipient of the funds (eg, the depositor’s surviving spouse or next of kin), and that no personal representative has been appointed for his/her estate.  RCW 30.22.109
    • Credit Union Accounts to $1,000:
      • A certified copy of Decedent’s Death Certificate.
      • An Affidavit or Declaration under Penalty of Perjury stating that you are a qualified recipient of the funds (eg, the depositor’s surviving spouse or next of kin), and that no personal representative has been appointed for his/her estate.  RCW 11.62.030
    • Unpaid Wages to $2,500:
      • A certified copy of Decedent’s Death Certificate.
      • An Affidavit or Declaration under Penalty of Perjury stating that you are a qualified recipient of the funds (the worker’s surviving spouse, children, or parents, in that order), and that no personal representative has been appointed for his/her estate.  RCW 49.48.120
    • Social Security Benefits up to $1,000:
      • An Affidavit or Declaration under Penalty of Perjury that shows:
        • The Decedent’s date of death,
        • The relationship of the claimant to the Decedent,
        • That no Personal Representative has been appointed or anticipated to be appointed, and
        • That the claimant has the highest priority among all possible claimants (the surviving spouse, children, or issue, in that order).  RCW 11.66.010
    • Vehicles:
  • Federal Law:
    1. IRS Tax Refunds:
    2. US Savings Bonds: