Estate, Probate & Inherited Property

Q: Does every estate in Washington have to go through probate?

Not necessarily. Whether probate is required depends on how property was titled, whether a living trust was in place, and the overall size of the estate. Washington also has a simplified process available for smaller estates. An estate or probate attorney can confirm what applies to your specific situation.

Q: How is a property's value determined for estate purposes?

A date-of-death appraisal, completed by a certified appraiser, establishes the property's fair market value as of the date the owner passed away. This figure matters for tax reporting and for dividing the estate fairly among heirs.

Q: Who actually has the authority to make decisions about the property?

Typically, the personal representative (sometimes called the executor) holds that authority once the court appoints them. The will usually names who should serve, and the court chooses if there isn't a will; a named executor acts only after appointment. Until that authority is formally established, it's generally best to hold off on major decisions like listing the property for sale.

Q: Can the home be sold before probate is fully finished?

In many cases, yes, once the personal representative's authority is established, but the specifics depend on the estate and Washington's probate rules. It's worth confirming timing with the estate attorney handling the probate before moving forward.

Q: What if the heirs don't agree on selling versus keeping the property?

This comes up often. Starting from the same objective information (an independent valuation and a clear picture of carrying costs) tends to make these conversations easier. In some cases a buyout between heirs, or bringing in a neutral third party, helps move things forward.

Q: How long does probate and settling the property typically take?

At least four months: an estate generally cannot be closed until the creditor claim period has run, four months after the notice to creditors is first published (RCW 11.40.051). Beyond that it depends on the estate's complexity. The house does not have to wait for the estate to close: with nonintervention powers the personal representative can prepare, list and sell it once appointed.

What do you need to know?

Not sure where to start?Make a free step-by-step plan

New to probate? Read the Washington Probate & Estate Property Guide or look up a word in the Probate & Estate Glossary.

Looking for a quick answer? Read short answers to common questions.

Frequently Asked Questions

Estate, Probate & Inherited Property: Common Questions

Does every estate in Washington have to go through probate?

How is a property's value determined for estate purposes?

Who actually has the authority to make decisions about the property?

Can the home be sold before probate is fully finished?

What if the heirs don't agree on selling versus keeping the property?

How long does probate and settling the property typically take?

Dealing with an estate property?

For executors, heirs, and attorneys alike, the property side has its own timeline, valuation questions, and decisions about repairs and sale. Ask, and be pointed to the relevant guide or to a licensed professional.

Get connected about an estate property

Property questions go to David Stein, the featured broker and appraiser (eXp Realty), independently of Real Property Planning.

Professional Disclosure

Real Property Planning is an educational and connection hub. It does not provide legal, tax, accounting, financial, brokerage, or appraisal services. Professionals referenced on this site are independently licensed and operate through their own separate businesses. Real estate brokerage services are provided by David Stein, a licensed Washington broker, through eXp Realty. Appraisal services are provided by David Stein through Stein Appraisal. Read the full disclaimer.