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[WA] Is probate required if all assets were jointly owned and all debts have been paid?

Legal Eagle
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You handled the joint assets properly because they pass to you outside probate. (WA Rev Code § 11.10.040 (2)(a)) Washington only requires probate when there are assets in the person’s name alone, so your situation points to probate not being required. Filing the will with Clark County was still the right step because it keeps everything documented.

The small gifts to his children do not trigger probate since the assets funding those gifts can come from property that is already yours. You can distribute the $1,000 to each child whenever you are ready. You should keep a simple record of the distributions for your own files.

You do not need to open an estate if there are no individual assets, no debts, and no disputes. You have already taken the steps Washington expects in a situation like this.

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Husband passed away Sept 17, 2025 and so I think I do not need probate as the main items were set up to go to me (his wife) ie condo and his pension. He left his children each $1,000.00 and everything else goes to me. Is this the correct way to handle this?

Lexi

Lexi, Chatbot

Where are you located? It matters because laws vary by location.

Vancouver, Washington

Lexi

Lexi, Chatbot

Has anything been filed or reported?

I filed his will with Clark County.

Legal Eagle

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like.

Do you know how all of your husband’s accounts and assets were titled at the time of his death, including whether any were held in his name alone without beneficiary designations?

His accounts were with joint ownership!

Legal Eagle

Legal Eagle

Thanks for letting me know about the joint ownership. That can simplify things a bit.

Did your husband have any debts or liabilities that need to be addressed?

I paid them all.

Legal Eagle

Legal Eagle

Great, it's good to know that all debts have been settled.

Did your husband have any other assets or accounts that were not jointly owned or without a designated beneficiary?

No.

Legal Eagle

Legal Eagle

Understood! So you're just wondering what it is you can do here, correct?

Yes, I just want to not mess up his estate.

Legal Eagle

Legal Eagle

You handled the joint assets properly because they pass to you outside probate. (WA Rev Code § 11.10.040 (2)(a)) Washington only requires probate when there are assets in the person’s name alone, so your situation points to probate not being required. Filing the will with Clark County was still the right step because it keeps everything documented.

The small gifts to his children do not trigger probate since the assets funding those gifts can come from property that is already yours. You can distribute the $1,000 to each child whenever you are ready. You should keep a simple record of the distributions for your own files.

You do not need to open an estate if there are no individual assets, no debts, and no disputes. You have already taken the steps Washington expects in a situation like this.

Legal Eagle

Legal Eagle

Does that help clarify things? I want to make sure I didn’t leave anything out.

Yes it does! So do I still print out the affidavit that I have created?

Legal Eagle

Legal Eagle

Sure thing!

You can still print the affidavit because it helps you keep clear records of what you handled. You do not have to file it with the court if there are no probate assets, but having it in your documents is useful. You are taking the right steps to keep everything organized.

Good! Thank you so much!!!

Legal Eagle

Legal Eagle

For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help! I know it's a lot.

You did great! Bye

Legal Eagle

Legal Eagle

Thank you so much for contacting us! We're happy to help whenever you need it.

Legal Eagle

Legal Eagle

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