How probate works in Washington: what happens to the house

The probate process in Washington, starting with the house

When a Washington homeowner dies, title to the house vests in the heirs or devisees at once, but subject to the decedent's debts and the costs of administration, and to the rights of a personal representative once one is appointed (RCW 11.04.250). That is not title a buyer can usually rely on by itself. For a home owned in the decedent's sole name, the usual next step is probate in the superior court.

Filing the will. If there is a will, state law requires whoever holds it to deliver it, within 30 days after learning of the death, to the court or to the executor named in the will, and an executor holding it has 40 days to deliver it to the court (see RCW 11.20.010). Then someone petitions to be appointed personal representative: the person named in the will or, without a will (or if the named person cannot serve), someone in the order set by RCW 11.28.120, starting with the surviving spouse or domestic partner and then the next of kin.

Letters. Once appointed, the representative receives court-issued letters (letters testamentary or letters of administration). Title companies ask for these before they will insure a sale. No letters, no clean deed.

How the house is handled under common Washington probate paths

Rules vary by state. General information, not legal advice.

Who can sell the house, and when

Once appointed, the personal representative has the right to immediate possession of the estate's real property (RCW 11.48.020), and the heirs' title is good against everyone except the personal representative and those claiming under that person (RCW 11.04.250). Heirs who are living in the home, or who simply want out, generally cannot give a buyer clean title on their own while the estate is being administered, which is why title companies look for the representative's signature or a formal distribution to the heirs.

Nonintervention powers matter most. Under RCW chapter 11.68, a court can grant a representative nonintervention powers. With them, the representative can sell estate property without a court order and without court approval or confirmation (RCW 11.68.090). Without them, a sale of estate property must be made under a court order unless another law provides otherwise (RCW 11.56.010), which adds time and paperwork.

Wills often name who should serve, and many families ask the court for nonintervention powers at the start. Whether they are granted in a given estate is something you confirm in the file or with the representative's attorney.

Timing: creditor claims and the pace of an estate

Washington sets a process for creditors to present claims against an estate (RCW chapter 11.40). The representative may publish a notice to creditors (once a week for three weeks) and may serve or mail actual notice to known creditors (RCW 11.40.020). When notice is published, the claim period generally runs four months from first publication, or 30 days after actual notice to a known creditor if that is later. A reasonably ascertainable creditor who got no actual notice has 24 months after the death, and if no notice is given at all, creditors have 24 months after the death (RCW 11.40.051).

Many representatives prefer not to distribute proceeds before that period closes. That does not always stop a sale, but it explains why some families list quickly and others wait. Mortgage payments, taxes, insurance and upkeep continue throughout, which is often the real pressure on the family.

Deadlines and exceptions vary by situation, so confirm any date that matters to your deal with an attorney.

Cases where the house skips probate

Not every death leads to a house for sale. Several situations move the property without a full probate:

• The home was held in a way that passes to a surviving owner automatically, such as certain joint ownership arrangements.
• The owner recorded a transfer on death deed naming a beneficiary (see RCW chapter 64.80).
• The home was held in a living trust, so the trustee, not a probate court, controls it.
• The estate qualifies for a simplified process for smaller estates, which in Washington has limits on what property it covers.

This is why a probate filing is a signal, not a guarantee. Ask the right questions before assuming anything about ownership or authority.

How to approach families and representatives

Lead with patience. The person you reach is often grieving and handling unfamiliar legal duties. A short, kind letter that says who you are and that you can answer questions at their pace works better than pressure. Never imply that time is running out when it is not.

Talk to the right person. Direct your offer to the personal representative, and be ready to ask whether they have letters and whether they have nonintervention powers. Suggest they speak with their own attorney before signing anything. A fair buyer welcomes that.

Follow the calling rules. If you phone, scrub against the National Do Not Call Registry, honor any internal do-not-call requests, and follow federal and Washington telemarketing rules on calling hours, disclosures and consent. Mail and in-person courtesy visits carry their own rules, so check them as well.

Probate filings are public at the superior court. If you want them delivered with the owner and property already matched, Keystone's probate leads cover that, and you can see how it works on the how it works page.