2026 data Public-data reference. official source

Washington Estate & Inheritance Tax

Open-data reference.

Estate tax rates, exemptions, and probate costs for Washington (WA)

1.6/5 Friendliness Has Estate Tax 0

State Estate Tax

Exemption $2,193,000
Top Rate 20%
Min Rate 10%
Portability No

Washington has the highest top estate tax rate (20%) in the nation. $2.193M exemption (2024). Graduated rates 10%-20%.

Inheritance Tax

No Inheritance Tax

Beneficiaries owe no state inheritance tax in Washington

Probate Costs

Filing Fee $240–$400
Attorney Fee hourly
Timeline 6–12 months
Small Estate Threshold $100,000

Summary estate proceedings for estates under $100,000

Probate Code

Uniform Probate Code Not Adopted

Washington has not adopted the UPC and follows its own probate statutes. Procedures may be more complex or vary by county.

Property System

Community Property Yes

Washington is a community property state. Community property state. Marital assets are typically split 50/50, which affects estate planning and tax treatment of inherited property.

Estate friendliness

1.6 /5

Composite of estate-tax presence, probate cost, UPC adoption, and timeline for Washington.

Estate-tax exemption

$2,193,000

Washington state estate-tax filing threshold.

Probate window

6-12 months

Filing-to-final-distribution range, varies with estate complexity & creditor claims.

Probate cost relative to estate value — Washington 4.0%
National median

Attorney fees negotiated rather than statutory — actual percentage varies by engagement.

Beneficiary structure

How decedent estates allocate across heirs — IRC § 2056 marital + § 2055 charitable deductions

Estate share42%31%14%SpouseChildrenTrustCharityOther

Washington probate timeline

Phase share of typical filing-to-distribution window — 6–12 months

Washington probate10%15%25%20%25%PetitionNoticeInventoryClaimsTax filingDistribution

Source: Uniform Probate Code · state probate statutes As of varies by state

Federal Estate Tax Filings — Washington

IRS Statistics of Income data showing estate tax returns filed by Washington residents.

Filing Year Returns Filed Gross Estate Net Tax Paid State Death Tax
2023 175 $5.6B $0.5B $378,281K
2022 141 $3.7B $0.3B $202,642K
2021 123 $2.8B $0.2B $172,576K

Source: IRS Statistics of Income — Estate Tax Returns Filed (Table 2, by State of Residence). Dollar amounts in thousands. State rate / exemption tables compiled from Tax Foundation 2024 Estate & Inheritance Tax Survey.

What the Washington Estate Data Reveals

Washington layers a state estate tax on top of the federal regime — exemption of $2,193,000 with rates from 10% to 20%, and spousal portability is not recognized. For estates above this state threshold but below the federal $13,990,000 exemption (2025), state law is the binding constraint, which is exactly the bracket most affluent households fall into. There is no separate inheritance tax, so beneficiaries receive their share without a second state-level deduction at distribution.

IRS Statistics of Income data show 175 federal estate tax returns filed by Washington residents in the most recent available year (filing year 2023), reporting $5.62 billion in combined gross estate value. Net federal estate tax paid totaled $0.50 billion that year. Across the multi-year IRS SOI series above, Washington averages roughly 146 taxable filings per year, with an effective federal rate on reported gross estates of about 8.1%.

Probate itself typically runs 6–12 months in Washington (roughly 9 months on average), with court filing fees of $240–$400. Attorney fees are negotiated rather than statutory, so engagement letters and hourly-vs-flat structures matter more to the total bill. Washington does offer a simplified small-estate track for estates under $100,000, which most families use to bypass full formal probate. Because Washington has not adopted the UPC, probate practice can vary materially by county and judicial district. Washington's community property framework also means marital assets generally pass with a 50/50 baseline split, which affects both tax basis step-up and the size of the taxable estate.

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Washington Estate Tax FAQs

Does Washington have an estate tax?

Yes. Washington has a state estate tax with a $2,193,000 exemption. Rates range from 10% to 20%. This is in addition to the federal estate tax.

Does Washington have an inheritance tax?

No. Washington does not impose a state inheritance tax on beneficiaries. Unlike an estate tax (paid by the estate), an inheritance tax is paid by the person receiving the assets. Only six states currently levy this tax.

How long does probate take in Washington?

Probate in Washington typically takes 6 to 12 months. Estates under $100,000 may qualify for a simplified small estate procedure, which is significantly faster.

How much does probate cost in Washington?

Court filing fees in Washington range from $240 to $400. Attorney fees are usually based on reasonable hourly rates or negotiated flat fees.

Can you avoid probate in Washington?

Yes. Common probate avoidance strategies in Washington include revocable living trusts, transfer-on-death (TOD) deeds for real estate, payable-on-death (POD) accounts for bank and investment accounts, and joint ownership with right of survivorship. Washington also offers a simplified process for small estates under $100,000.

How will the 2026 federal estate tax sunset affect Washington residents?

The TCJA provisions are set to expire December 31, 2025, which would cut the federal exemption from $13,990,000 to approximately $7,000,000 per person. Washington residents face both federal and state estate taxes, so the reduced federal exemption could mean a significantly larger combined tax bill for estates above the new threshold.

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Data sourced from official IRS Statistics of Income and state probate fee schedules. See our methodology for details. Retrieved and formatted by Kiznis Studio Editorial

Disclaimer: This information is provided for informational purposes only and does not constitute professional advice. Data is sourced from the IRS Statistics of Income. Consult a qualified professional before making decisions based on this data.

All federal data sources used on this page