Selling a House in Probate In Washington Guide
When a loved one has passed on and their home becomes an inheritance, it’s not unusual for their descendants to sell it. The decedent’s testament must be read, and their estate and personal property must be distributed among the benefactors in accordance with its terms. In most cases, the estate is subject to a probate procedure, and its executor must lawfully apportion all of the assets and liabilities in the inheritance.
If a person fails to designate what should become of their personal belongings after they die, the administration of their inheritance can become difficult. Selling a Washington home while the probate period is underway can be a slow and costly process. Fortunately, we can help you understand your options as you go through probate.
Table Of Contents
- Probate Sale Meaning Washington
- Probate Process For Selling Real Estate in Washington
- When Can the Executor Sell the Probate Property in Washington?
- Can You Sell a House Before Probate is Complete in Washington?
- Do You Need to Go Through Probate to Sell an Inherited House in Washington?
- Washington Probate House Sale Issues
- Options You Can Consider When Selling a Probate House Washington
- Probate House Sale Frequently Asked Questions
- Easiest Way to Sell a Washington House in Probate
Probate Sale Meaning Washington
In Washington, probate is a judicial procedure that legally recognizes a person’s death so that their beneficiaries can receive their allotted share of the decedent’s personal belongings. When a resident of Washington has passed away, a representative for the estate must schedule a court hearing to validate their testament. If more than one heir inherits a home, a judge can appoint an executor, steward, administrator, or personal representative to sell it. Washington law mandates that a court must distribute the money gained from the sale of the home to the beneficiaries of the estate before probate ends.
Probate Process for Selling Real Estate in Washington
1. File Probate With the Local Court
Probate begins when the administrator of the estate presents the decedent’s testament and death certificate at the county clerk’s office in the decedent’s home county. Once the estate documents are filed, the clerk’s office can schedule a public probate hearing. To promote awareness and provide people with a chance to contest the testament or file a claim against it, the court shall inform the public about the probate application by publishing notices online and at the courthouse before the hearing takes place.
The Court Appoints an Executor
Before a seller can sell a house or personal property in probate, a court must appoint an administrator to handle the decedent’s estate. Usually, the estate’s personal representative is named in the decedent’s testament. If there is no testament or if no estate representative is named, the court can authorize a steward (usually the next of kin) to initiate probate so the inherited house can be sold.
Sell the Probate Real Estate
Get an Appraisal
Once appointed, the seller must get the house professionally appraised if they want to sell it while probate is ongoing. The appraisal establishes the basis of the home’s value and asking price. Most probate courts require the house to sell for no less than 90% of its appraised value.
Petition to Begin the Sale
Once the appraisal of the estate is complete, the seller can file a petition to sell the inherited house. The petition may also state whether the seller intends to put the house on the real estate market, sell it to a cash home buying company, or sell it at auction. Before the probate hearing takes place, the seller can advertise the sale and mention any existing offers. This enables additional prospects to submit new bids when the probate court hearing takes place. The seller must inform interested prospects that the sale can only take place with the court’s approval.
Court Hearing and Authorization of Sale
Once the probate hearing is underway, the probate judge can allow prospects to bid for the residence. After the winning bid is approved, the court can review the necessary documentation and authorize the sale of the home. If any of the inheritors object to the sale, it may not go through.
In some cases, the probate procedure may require limited court involvement. Under some circumstances, a seller can file a set of forms that ask the court to issue letters of testamentary. These estate documents authorize the estate administrator to manage all of the estate assets and list the family home for sale. To bypass a court hearing and bidding process, all interested parties must agree that the sales process can commence.
Reputable Probate Attorneys in Washington State
Renee Louise Roman, Probate Lawyer in Seattle
Contact information: 206-844-4667, marinelaw.com
Julie E. Dickens, Probate Lawyer in Seattle
Contact information: 800-240-5051, gth-law.com
Douglas N. Kiger, Probate Attorney in Tacoma
Contact information: 253-272-2997, bolanlawgroup.com
Probate Resources
When Can the Executor Sell the Probate Property in Washington?
A seller can list an inherited home for sale as soon as a court grants probate. If the estate wants to avoid paying inheritance tax and capital gains tax, the estate administrator should sell the house quickly. In Washington, it can take six months to a year to sell a house in probate when there are no issues with the estate, the title, or the testament. If the testament is contested, or if the beneficiaries disagree about what to do with the estate, or if the court is dealing with an intestate estate, probate can take longer. If the estate needs to settle accounts, manage substantial liabilities, or deal with a house in foreclosure, the court must review all written offers and determine the winning bid before the house can be sold.
Can You Sell a House Before Probate Is Complete in Washington?
Yes. It’s possible to sell an inherited house in Washington before probate ends. If a seller accepts an offer for a home in probate, the proceeds must be placed into an escrow account. After all outstanding debts, taxes, and bills have been paid to their creditors and probate is finalized, the remaining proceeds can be disbursed to the heirs of the estate.
Do You Need to Go through Probate to Sell an Inherited House in Washington?
Probate in Washington is discretionary, and the law does not require probate proceedings to be filed after a homeowner has died. Probate is usually initiated when a person dies while they hold the title to real property or personal property with a value in excess of $100,000.
Careful estate planning can allow inheritors to forgo probate, which can reduce costly fees and legal expenses while saving time. In many cases, the decedent’s personal property can be directly transferred as an inheritance using the following methods:
Revocable Living Trust
A trust is a legal device that holds assets for its recipients. If a Washington homeowner initiates a revocable living trust before they die, they can retain control over their house while they live and have it directly transferred to their heirs once they have passed on.
Transfer on Death (TOD) Deed
A transfer on death (TOD) deed allows a Washington property owner to bypass the probate process by directly transferring their home to designated beneficiaries named in the deed when the owner dies. The owner must pay all bills, take care of their financial obligations, and complete all necessary paperwork for the deed to be valid.
Joint Ownership With Right of Survivorship
Joint ownership with right of survivorship is a legal arrangement that allows several people to share ownership of a Washington house. If one owner dies, the surviving owner will inherit the house without needing to go to probate court.
Affidavit of Heirship
In Washington, an affidavit of heirship is a sworn statement that can be used to avoid probate by directly transferring ownership of a deceased person’s house to their legal heirs. This signed and notarized estate affidavit designates the homeowner’s legal heirs, details how the estate should be divided, and confirms the heirs’ property rights.
Washington Probate House Sale Issues
Family Disputes
When family members disagree about the distribution of the inheritance their parents provided when they passed on, the probate process can be complicated. If the testament is contested or missing, or if several beneficiaries and creditors make claims on the estate, the court must appoint a probate lawyer to handle the dispute, and a judge must validate the testament.
Outstanding Financial Obligations
Unpaid debts, taxes, and bills can slow down probate and hold up the sale of an inherited home. The seller must pay off debts before the sale proceeds can be divided among the beneficiaries.
Coercion
If a homeowner’s heir believes that the decedent was coerced into revising their testament, they can petition the court to invalidate the document.
Options You Can Consider When Selling a Probate House Washington
Washington inheritors who wish to sell a house in probate have a few options.
Listing the Probate Property With a Washington Real Estate Agent
Pros
A capable real estate agent who has experience pricing, listing, and marketing a house can help a seller proceed with the selling process. Realtors can also represent the seller, show the property at open houses, suggest upgrades, and leverage a multiple listing service (MLS) to attract higher bids as they gather offers. Expanding the pool of potential buyers should make the bidding process more competitive.
Cons
It can be expensive and time-consuming for a seller to work with a realtor instead of selling the house a different way. Typically, the seller must pay closing costs, selling fees, and the realtor’s commission.
Selling the Inherited Property to a Family Member in Washington
Pros
If all the inheritors agree to sell their inherited property to a family member who wants to buy the residence, they can usually speed up the probate process. It can be faster and easier to sell the inherited house to a family member than to sell it to an unknown buyer. Keeping the family home for reasons that are close to the heart while providing other inheritors with cash can benefit everyone involved.
Cons
If inheritors fight about how to divide the decedent’s personal property, selling the residence to a family member during probate could cause long-term unhappiness. Hiring lawyers to mediate the dispute and find a solution could be expensive and distressing.
Selling a Washington Probate House “As-Is” to a Cash Home Buyer
Pros
When inheritors want to sell a probate house quickly without paying fees or closing costs, they can work with a property investor or a company that buys houses for cash. Cash home buyers can make it easy for a seller to make a deal quickly. These buyers will purchase “as-is” homes, which helps the seller avoid the cost and hassle of staging and repairs.
Probate House Sale Frequently Asked Questions
Can You Sell a House Without Going Through Probate in Washington?
You can transfer a decedent’s personal assets, including real estate, in Washington without going through probate. Placing a house in a trust that transfers the property to a trustee upon the trustor’s death or establishing joint ownership with right of survivorship are allowable ways to avoid probate. Estates worth less than $100,000 are also exempt from probate.
Can You Live in a House During Probate?
During probate, a person or persons, such as the decedent’s surviving spouse or siblings, can live in the family house as long as they comply with the terms of the testament or take part in a lawful arrangement. The occupants may be required to prove residency or pay rent to the estate.
If the testament specifies that the estate must sell the house, or the seller decides to sell it to pay off outstanding debts, or if no testament exists and the law in Washington says that the inheritors must sell the house to settle their financial obligations, then a judge may rule that the house cannot be occupied during probate.
Can You Empty a House Before Probate in Washington?
Probate prevents fraud and guarantees that the decedent’s personal property is distributed according to Washington law. It prohibits anyone from taking the decedent’s personal belongings away from their house until a judge puts the estate under consideration and appoints a steward to distribute its valuables, including money and heirlooms, to the inheritors. After the probate court grants approval, the seller can empty the house and throw away, donate, or sell any unwanted property that remains.
How Long Does It Take to Sell a House in Probate?
Selling a house in probate can take months, and sometimes more than a year. After the court verifies the decedent’s testament, it can take six months to finalize the probate process. Family disputes, title issues, unpaid debts, and other challenges can slow down the sale of the house.
Do All Heirs Need To Agree To Sell Inherited Property?
Inheritors who don’t want to stay in their family home or take on the responsibility of paying for their mortgage, insurance, or taxes may agree to sell it. In some cases, if one heir wants to keep the home while the other inheritors want to sell it, or if multiple beneficiaries want to own the home together while a single beneficiary wants to sell it, the circumstances can become difficult. A seller who has hired a real estate agent may learn that all the beneficiaries must agree to sign the contract to validate the sale. A real estate attorney can provide relevant information, give specific advice to the seller, and broker a solution that will accommodate all parties.
Easiest Way To Sell A House In Probate
When you’re a Washington seller who’s looking for a simple way to sell an inherited house in probate, consider making a cash sale. You can free yourself from the responsibility and expense of mortgage payments, taxes, insurance, renovations, and repairs when you sell a home “as-is” for cash. When you sell an inherited house to a cash buyer, you won’t need to list the house or pay realtors’ commissions. Since the sale is guaranteed, you can be confident that the deal will go through.
Kind House Buyers is a [market state] cash home buying service that makes it easy to sell a home in probate. We buy old and new property in any condition. If you want to sell your inherited house fast, we can make it happen, contact us today.
Selling an inherited house during probate can be a complex, slow, and costly process. When a loved one dies, a simple cash sale can speed up the process of distributing the estate. All cities in Washington, including Seattle, Spokane, Vancouver, Tacoma, Olympia, Everett, Kirkland, Bellevue, and more, can make a cash home sale in probate. Our experts will be delighted to discuss our qualification process anytime. Once you decide to sell your house to Kind House Buyers, you’ll be on your way to enjoying a wonderful life after probate.