Do I need to file a small estate affidavit if my sister passed away without a Will and my mother is the next of kin?

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Do I need to file a small estate affidavit if my sister passed away without a Will and my mother is the next of kin?

My sister owned a small home.

Asked on January 7, 2016 under Estate Planning, Washington

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

My research suggests that in WA, the small estate affidavit only applies to personal property. Since your sister owned a home, that is real estate thereby the affidavit process is not available to you in this case. At this point, you will probably need to open a formal probate. However, to be certain of your rights, you should contact the appropriate probate court or consult directly with a probate attorney in the area for more information.


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