DAL Law Firm: How to sell a home that’s in probate in Washington State
When a loved one passes away and you’ve been appointed to handle their estate, selling their home or other real estate often becomes a key part of the probate process.
Whether it’s the decedent’s primary residence, a rental property, or an investment property, navigating a real estate sale during probate is very different from an ordinary transaction.
At DAL Law Firm, we have helped personal representatives throughout Washington State understand what steps to take and how to avoid costly mistakes. Below is an overview of what every executor or administrator needs to know before selling a home in probate.
1. Understand Your Authority: Letters Testamentary or Letters of Administration
Your first step is confirming what type of authority the probate court granted you. This determines what you can (and cannot) do during the estate administration. You will receive Letters Testamentary if the decedent had a will, and you were named in the will as executor or personal representative. You will receive Letters of Administration if there was no will. These documents are your proof to third parties, such as real estate agents, escrow companies, banks, and title companies, that you have legal authority to act on behalf of the estate.
2. Determine Your Powers: Non-Intervention vs. Full Intervention
In Washington, the type of authority you have matters greatly when selling real estate. If you have non-intervention powers you do not need court permission to list or sell the property. You have broad authority to administer the estate efficiently. If you have full intervention powers the court oversees almost every step; You must obtain court approval before selling the home.
3. Work With a Real Estate Agent — But List the Seller Correctly
Once your authority is confirmed, the next step is selecting a real estate agent if you’re listing the home on the market. You are free to choose any real estate agent. Most personal representatives interview a few before choosing one they feel confident in.
But one key detail is often overlooked: The seller on the listing agreement is not you personally. The seller must be listed as: “The Estate of [Decedent’s Full Name]” You will sign the documents only in your capacity as the personal representative.
4. Obtain an Estate Tax ID Number (EIN)
Before listing the property, go to IRS.gov and apply for an EIN (Employer Identification Number). This number is used for all estate financial activity, including the home sale. Do NOT use your personal social security number for the sale. Escrow will report the sale to the IRS using the estate’s EIN.
5. Form 17 Seller Disclosure: Probate Estates Are Exempt
Under Washington law, probate estates do not need to complete the Form 17 Seller Disclosure Form. This is because the personal representative typically does not have firsthand knowledge of the property’s condition. Make sure your real estate agent knows the estate is exempt, and your purchase and sale agreement includes the proper exemption language.
6. Use the Correct Deed Type for Probate Sales
Most real estate sales in Washington use a Statutory Warranty Deed. However, for probate sales, you should use a Personal Representative’s Deed, which limits the estate’s liability and is specifically designed for transfers by an executor or administrator. The purchase and sale agreement should specify that the property transfer will be pursuant to a Personal Representative’s Deed.
7. Distribution of Sale Proceeds: Use an Estate Bank Account
When the home sale closes, the proceeds must go to the proper place. Proceeds should be deposited into the estate’s checking or savings account. This ensures bills and debts of the estate are paid correctly, you maintain proper accounting, and no improper distributions occur.
Final Thoughts
Selling a home while administering a probate estate can feel overwhelming, especially if it’s your first time navigating the process. From determining your authority to using the correct deed and handling proceeds properly, each step must be completed with care.
If you have found yourself managing an uncontested probate in Washington State, our new self-guided online probate program may be right for you. “Welcome To Probate” provides a roadmap with guidance, forms, video tutorials, and explanations to help you confidently navigate the process from start to finish. You’ll learn how to open probate, fulfill your duties as a personal representative, handle debts and taxes, and distribute the estate properly.
If this sounds like what you need, join the Welcome to Probate waitlist to be the first to know when it’s available – sign up here:
Welcome to Probate
If you need help with a probate issue, contact us to schedule your consultation today! Visit us online at www.dallawfirm.com or check out our YouTube channel for more discussions about trusts and estate planning: https://www.youtube.com/@dallawfirm
Contact us:
19803 1st Avenue S.
Suite 200
Normandy Park, WA 98148T (206) 408-8158
F (206) 374-2810
EDITOR’S NOTE: Sponsored Posts like this are paid, “Native Advertisements” that help businesses and organizations improve their internet presence and all-important SEO. South King Media also underwrites fundraisers from local nonprofits. To learn more about how your business or organization can directly reach our expanding, engaged audience in South King County, please email Theresa Schaefer at vtheresa@comcast.net.
